Reported to Senate

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3966 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 413
119th CONGRESS
  2d Session
                                S. 3966

    To prohibit the enforcement of certain contractual clauses that
 restrict disclosure of sexual abuse of minors, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2026

 Mr. Cruz (for himself, Mrs. Gillibrand, Mrs. Britt, Mr. Schmitt, Mr.
   Welch, Mrs. Shaheen, Mr. Cornyn, Ms. Klobuchar, Mr. Hawley, Mrs.
Blackburn, Mr. Durbin, Mr. Graham, Mrs. Moody, Mr. Tillis, Mr. Kennedy,
Mr. Coons, Ms. Hirono, Mr. Blumenthal, Mr. Padilla, Mr. Booker, and Mr.
   Grassley) introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

                              May 19, 2026

              Reported by Mr. Grassley, without amendment

_______________________________________________________________________

                                 A BILL

    To prohibit the enforcement of certain contractual clauses that
 restrict disclosure of sexual abuse of minors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terminating Restrictive Enforcement
of Youth Settlements Law'' or ``TREY'S Law''.

SEC. 2. FINDINGS AND PURPOSES.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--
            (1) Instrumentalities of interstate commerce.--Congress
        finds the following:
                    (A) Sexual abuse of minors, including abuse
                facilitated through instrumentalities of interstate
                commerce, is a matter of national concern.
                    (B) Agreements containing nondisclosure and
                confidentiality provisions, frequently concluded
                through the instrumentalities of interstate commerce,
                have been used to silence survivors of sexual abuse and
                conceal ongoing or repeated abuse.
                    (C) The enforcement of such provisions interferes
                with reporting to law enforcement agencies, child
                protection authorities, Federal regulators, Members of
                Congress, and the courts, and frustrates the
                enforcement of Federal criminal and civil law.
            (2) Necessary and proper clause and enforcement of federal
        criminal law.--Congress further finds the following:
                    (A) Sexual abuse and trafficking of minors are
                prohibited under Federal criminal law, including
                chapter 110 of title 18, United States Code, and

section 1591 of title 18, United States Code.

section 1591 of title 18, United States Code.
                    (B) Nondisclosure and confidentiality agreements
                that prohibit or restrict disclosure of sexual abuse of
                a minor interfere with reporting to law enforcement,
                child protection authorities, courts, Federal
                regulators, and Members of Congress.
                    (C) Such agreements frustrate the investigation and
                prosecution of Federal crimes, chill cooperation with
                law enforcement, and function as private mechanisms to
                obstruct justice.
                    (D) Congress has authority under clause 18 of

section 8 of article I of the Constitution of the

section 8 of article I of the Constitution of the
                United States (commonly known as the ``Necessary and
                Proper Clause'') to ensure that private agreements are
                not used to impede the enforcement of Federal criminal
                and civil law protecting minors from sexual
                exploitation and abuse.
            (3) State action and section 5 of the 14th amendment.--
        Congress further finds the following:
                    (A) Survivors of child sexual abuse possess
                fundamental constitutional interests, secured by
                provisions of the Bill of Rights as incorporated
                against the States through the 14th Amendment to the
                Constitution of the United States, in reporting crimes,
                seeking redress through the courts, cooperating with
                law enforcement, and petitioning the government for
                protection and enforcement.
                    (B) When State courts or other governmental
                authorities enforce nondisclosure or confidentiality
                provisions that prohibit or restrict disclosure of
                sexual abuse of a minor, such enforcement constitutes
                State action for purposes of the 14th Amendment to the
                Constitution of the United States.
                    (C) Judicial enforcement of such provisions may
                deprive survivors of due process of law, equal
                protection of the laws, and meaningful access to
                courts, including rights derived from the First
                Amendment to the Constitution of the United States and
                incorporated against the States, in violation of the
                14th Amendment.
                    (D) Agreements that obstruct justice, suppress the
                reporting of crimes, or conceal criminal conduct have
                long been regarded at common law, including at the time
                of the founding of the United States, as void and
                unenforceable as against public policy, and fall
                outside the traditional scope of protected contractual
                liberty.
                    (E) At the time of the founding of the United
                States, private agreements purporting to suppress
                prosecution, conceal felonies, or restrain the
                reporting of crimes were not recognized as valid or
                enforceable contracts, and no party possessed a vested
                right in their judicial enforcement.
                    (F) Congress has authority under section 5 of the
                14th Amendment to the Constitution of the United States
                to enact appropriate remedial and preventive
                legislation to prevent and remedy constitutional
                violations arising from State judicial enforcement of
                private agreements that suppress disclosure of criminal
                conduct involving minors.
    (b) Purpose.--The purpose of this Act is--
            (1) to enforce the guarantees of the 14th Amendment to the
        Constitution of the United States, including the right to
        petition the government for redress of grievances and the right
        of access to courts, by preventing State courts and other
        governmental authorities from enforcing nondisclosure or
        confidentiality provisions that suppress disclosure of sexual
        abuse of minors;
            (2) to ensure, pursuant to the authority of Congress under
        article I of the Constitution of the United States, including
        the Necessary and Proper Clause, that private agreements are
        not used to obstruct the investigation or prosecution of
        Federal crimes involving the sexual abuse or trafficking of
        minors;
            (3) to preserve access to courts and the right to petition
        the government for redress of grievances; and
            (4) to ensure that survivors of sexual abuse of minors, and
        persons with knowledge of such abuse, may disclose such abuse
        freely and without fear of civil liability.

SEC. 3. DEFINITIONS.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Minor person.--The term ``minor person'' means an
        individual who has not attained 18 years of age.
            (2) Nondisclosure clause.--The term ``nondisclosure
        clause'' means a provision in a contract or agreement that
        prohibits 1 or more parties to the contract or agreement from
        disclosing conduct or information covered by the terms and
        conditions of the contract or agreement.
            (3) Sexual abuse against a minor person.--The term ``sexual
        abuse against a minor person'' means--
                    (A) conduct that constitutes or allegedly
                constitutes--
                            (i) an offense under chapter 110 of title
                        18, United States Code; or
                            (ii) sex trafficking of a minor person
                        under section 1591 of title 18, United States
                        Code; or
                    (B) any sexual act or sexual contact involving a
                minor person that constitutes a criminal offense under
                Federal law or the law of the State in which the act or
                contact occurs.

SEC. 4. NONDISCLOSURE AGREEMENTS VOID AND UNENFORCEABLE.

SEC. 4. NONDISCLOSURE AGREEMENTS VOID AND UNENFORCEABLE.

    (a) In General.--A nondisclosure clause shall be void and
unenforceable as against public policy only to the extent that the
nondisclosure clause prohibits--
            (1) a victim or alleged victim of sexual abuse against a
        minor person from disclosing--
                    (A) that act of sexual abuse against a minor
                person; or
                    (B) facts related to that act of sexual abuse
                against a minor person; or
            (2) any other person from disclosing facts related to
        sexual abuse against a minor person described in paragraph (1)
        in support of, in furtherance of, or consistent with the right
        of a victim or alleged victim to disclose under that paragraph.
    (b) Permissible Confidentiality.--Nothing in this section shall be
construed to prohibit a person, including a victim or alleged victim of
sexual abuse against a minor person, from entering into a contract or
agreement that restricts the disclosure of information, including the
amount or payment terms of a settlement, by another party to the
contract or agreement, including an alleged perpetrator, so long as
such restriction does not prevent disclosure protected under subsection
(a).

SEC. 5. RETROACTIVE APPLICATION.

SEC. 5. RETROACTIVE APPLICATION.

    (a) In General.--This Act shall apply to any nondisclosure clause
in a contract or agreement entered into before, on, or after the date
of enactment of this Act.
    (b) No Enforcement Actions.--No person may enforce or attempt to
enforce a nondisclosure clause described in section 4(a), regardless of
the date on which the contract or agreement containing the
nondisclosure clause was entered into.
    (c) Preemption.--
            (1) In general.--This Act supersedes any State law to the
        extent that such law permits enforcement of a provision, the
        enforcement of which is prohibited under this Act.
            (2) Rule of construction.--Nothing in this Act shall be
        construed to prohibit a State or locality from enacting
        legislation that--
                    (A) is consistent with this Act; or
                    (B) provides greater protection to a victim of
                sexual abuse against a minor person than is provided
                under this Act.
                                                       Calendar No. 413

119th CONGRESS

  2d Session

                                S. 3966

_______________________________________________________________________

                                 A BILL

    To prohibit the enforcement of certain contractual clauses that
 restrict disclosure of sexual abuse of minors, and for other purposes.

_______________________________________________________________________

                              May 19, 2026

                       Reported without amendment