The bill strengthens survivors' ability to speak, seek remedies, and enable public accountability by limiting enforceable NDAs for child sexual abuse, while increasing loss of confidentiality for some parties, raising litigation and federal–state conflicts, and exposing institutions to greater reputational and financial risk.
Survivors of child sexual abuse (children and families): can speak publicly and report abuse without fear of civil liability because nondisclosure clauses that would silence them are rendered unenforceable.
Victims and families: retain access to courts and the ability to seek civil remedies because the Act preserves the right to petition and clarifies that enforcement of silence agreements can be treated as State action.
Federal investigators and prosecutors (and the public): federal enforcement of child sexual abuse and trafficking laws is less likely to be impeded because state enforcement of nondisclosure provisions is restricted, helping preserve investigations and prosecutions.
Private parties and plaintiffs who relied on confidentiality (individuals and organizations): will lose a commonly used tool for confidential resolution—NDAs may be invalidated or harder to enforce—creating lost privacy and potential disruption to negotiated settlements.
State and local governments and courts: can expect increased litigation and constitutional federalism disputes because federal restrictions on enforcing private NDAs invite legal challenges and will require courts to sort overlapping state and federal rules.
Survivors or other parties who prefer strict confidentiality (victims and families): may find their ability to keep abuse-related matters private reduced, limiting privacy options for those who do not want public disclosure.
Based on analysis of 10 sections of legislative text.
Bars enforcement of nondisclosure clauses that prevent disclosure of sexual abuse of minors, makes that prohibition retroactive, and preempts conflicting state laws.
Introduced March 3, 2026 by Rafael Edward Cruz · Last progress May 20, 2026
Prohibits enforcing nondisclosure clauses that prevent victims or others from disclosing sexual abuse of anyone under 18, and makes that prohibition retroactive to cover past, present, and future agreements. It preserves the ability to keep other confidential information (like settlement amounts) private so long as those confidentiality terms do not stop disclosures of the abuse itself, and it preempts state laws to the extent they allow enforcement of such nondisclosure clauses.