Summary

Bars enforcement of nondisclosure (confidentiality) provisions that prevent victims, alleged victims, or others from disclosing sexual abuse of minors, and makes that prohibition apply to agreements entered into before, on, or after enactment. The law defines key terms, preserves other confidentiality interests that do not block disclosure of abuse, and preempts state laws to the extent they allow enforcement of such silence provisions while allowing states to adopt stronger protections for survivors.

• Makes unenforceable any nondisclosure clause that prevents a victim or alleged victim of sexual abuse of a minor from disclosing the abuse or related facts.
• Also bars enforcement of clauses that stop third parties from disclosing facts about a minor's sexual abuse when done to support the victim’s right to disclose.
• Defines key terms (minor under 18, nondisclosure clause, sexual abuse against a minor) and ties covered conduct to federal and applicable state criminal offenses.
• Applies retroactively to agreements made before, on, or after enactment and forbids attempts to enforce pre-enactment nondisclosure clauses.
• Preempts state laws that permit enforcement of such silencing provisions but allows states to adopt laws that offer greater protections for victims.
• Preserves the ability to keep other contract information confidential (e.g., settlement amounts) so long as those terms do not block disclosure of abuse.
• Asserts federal authority to limit state enforcement on Commerce Clause and Fourteenth Amendment grounds.
• Likely increases reporting and could lead to litigation over the scope of prohibited nondisclosure clauses and the meaning of "related facts."