TREY'S Law

This legislation, known as TREY'S Law, aims to prevent the silencing of survivors of child sexual abuse by prohibiting the enforcement of certain contractual clauses. Congress finds that nondisclosure and confidentiality provisions have been used to conceal ongoing abuse and obstruct reporting to law enforcement, child protection authorities, and courts. The bill asserts congressional authority under the Interstate Commerce Clause, the Necessary and Proper Clause, and the 14th Amendment to address these issues, ensuring that private agreements do not impede the enforcement of federal criminal and civil law protecting minors.

Specifically, the Act declares any nondisclosure clause void and unenforceable if it prohibits a victim or alleged victim from disclosing an act of sexual abuse against a minor, or facts related to it. It also protects any other person disclosing such facts in support of a victim's right to disclose. The bill clarifies that it does not prevent agreements restricting disclosure of information like settlement amounts by other parties, as long as it doesn't impede the protected disclosure of abuse. Furthermore, TREY'S Law applies retroactively to all contracts, regardless of when they were entered, and supersedes any state law that would permit the enforcement of such prohibited provisions, while allowing states to enact legislation offering greater protections.