S. 3966 — TREY'S Law

This section states congressional findings that nondisclosure and confidentiality agreements have been used to silence survivors of sexual abuse of minors, interfere with law enforcement reporting, and obstruct federal criminal investigations, and that their judicial enforcement constitutes state action under the 14th Amendment. It sets forth the purposes of the Act to prevent enforcement of such agreements, preserve access to courts, and ensure survivors may disclose abuse without civil liability.

This section defines "minor person" as an individual under 18 years of age, "nondisclosure clause" as a contractual provision that bars parties from disclosing covered conduct or information, and "sexual abuse against a minor person" as offenses under chapter 110 or section 1591 of title 18, United States Code, or any sexual act or contact with a minor that is a crime under federal or state law.

This section voids nondisclosure clauses that prohibit a victim or alleged victim of sexual abuse against a minor from disclosing the abuse or related facts. It also voids clauses that bar other persons from disclosing supporting facts, while allowing agreements that restrict disclosure of settlement amounts or payment terms so long as they do not prevent the disclosures authorized above.

This section applies the Act retroactively to any nondisclosure clause in a contract or agreement entered into before, on, or after enactment. It prohibits enforcement of such clauses regardless of contract date. It supersedes state laws permitting enforcement of provisions barred under the Act but allows states to enact consistent or more protective legislation for victims of sexual abuse against minors.