TREY'S Law

The bill says that any part of a contract that stops someone from talking about sexual abuse of a minor is void and cannot be enforced, but only for that specific type of speech. This covers both victims or alleged victims and other people who know facts about the abuse. It includes abuse that is a crime under federal law or the criminal law of the state where it happened. The bill allows people to still use confidentiality for other things. For example, a settlement can still keep the dollar amount or payment terms private, or restrict what an alleged abuser says, as long as it does not stop anyone from sharing information about the sexual abuse itself or related facts. The bill makes clear that these protections apply to all contracts, whether they were signed before, on, or after the date the bill becomes law. The bill blocks anyone from bringing a lawsuit or other legal action to enforce a banned nondisclosure clause, no matter when the contract was signed. It also overrides any state law that would allow enforcement of these kinds of clauses, but lets states and localities pass stronger protections for victims if they choose. The findings section explains Congress’s view that such clauses can interfere with reporting crimes and can conflict with constitutional rights and long-standing public policy against contracts that hide criminal acts.

The bill could affect people who have signed secrecy or nondisclosure agreements related to sexual abuse of minors, including settlement agreements with schools, youth groups, religious organizations, employers, or other institutions. It is intended to make it easier for victims and witnesses to report abuse to police, child protection agencies, courts, regulators, and elected officials without fear of being sued for breaking a contract. The bill could also affect organizations and individuals that use nondisclosure clauses to settle claims involving alleged abuse of minors. They would no longer be able to rely on those clauses to stop people from speaking about the abuse. How much this changes real-world behavior would depend on how often such clauses are currently used and how courts interpret the law after it is enacted.