TREY'S Law

Summary

Prohibits enforcing nondisclosure (confidentiality) clauses that stop victims, witnesses, or others from disclosing sexual abuse of anyone under 18, and makes that rule apply retroactively to agreements made before, on, or after the law takes effect. It defines covered terms, preserves ordinary confidentiality for other information (like settlement amounts) so long as those terms do not bar disclosure of the abuse, and preempts state laws to the extent they allow enforcement of such silence provisions.

• Prohibits enforcing NDAs or other nondisclosure clauses that bar disclosure of sexual abuse of anyone under 18.
• Applies retroactively to agreements made before, on, or after enactment and bars attempts to enforce past NDAs that silence minor abuse survivors.
• Defines key terms: minor (under 18), nondisclosure clause, and sexual abuse of a minor (federal or state criminal sexual conduct including sex trafficking).
• Allows confidentiality for other information (like settlement amounts) as long as those terms do not stop disclosure of abuse.
• Preempts state laws that permit enforcement of such silence provisions, while allowing states to enact equal or stronger protections for victims.
• Asserts federal authority under the Commerce Clause, Necessary and Proper Clause, and Section 5 of the 14th Amendment to restrict state enforcement that impairs constitutional rights.
• Impacts civil contract enforcement practices, institutional settlement agreements, and reporting/ prosecution of minor sexual abuse.
• Does not itself create a new federal damages remedy in the provided text but bars enforcement and attempts to enforce covered clauses.