H.R. 10389 — Survivor’s Voice Protection Act

This section defines terms for the Act, including grooming behavior as a course of conduct directed at a minor under 18 years of age to establish an emotional connection through manipulation or trust-building to facilitate sexual conduct, even without an in-person meeting; sexual abuse as conduct constituting offenses under chapters 77, 109A, 110, or 110A of title 18, United States Code, or any criminal sexual act or contact; nondisclosure clause as a contractual provision barring disclosure of covered conduct or information; fiduciary as a guardian, trustee, executor, or other person acting in a fiduciary capacity; and minor as an individual under 18 years of age.

This section voids and renders unenforceable any nondisclosure clause that prohibits a victim of sexual abuse from disclosing the abuse or related facts, or that prohibits any other person from disclosing such facts in support of the victim. It applies retroactively to all contracts entered into before, on, or after enactment, bars enforcement actions regardless of contract date, and preempts state laws permitting enforcement of prohibited clauses while allowing states to enact consistent or stronger protections.

This section requires fiduciaries to report to federal, state, tribal, or local law enforcement any grooming behavior they reasonably believe will lead to sexual abuse, within 90 to 180 days after learning of it. It authorizes victims and state attorneys general to sue nonreporting fiduciaries in federal court for damages and attorney fees when the abuse results in a conviction, with a statute of limitations of 10 years after the conviction or after the victim reaches age 18. The Attorney General must issue implementing rules within 180 days of enactment.