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Congress·In Committee·S. 3966

Sen. Cruz Introduces Bipartisan TREY’S Law to Ban NDAs That Silence Child Abuse Victims

A bill to prohibit the enforcement of certain contractual clauses that restrict disclosure of sexual abuse of minors, and for other purposes.

Also known as: TREY'S Law

Legislative Progress

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Key Points

  • TREY'S Law would make nondisclosure clauses void and unenforceable when they prevent victims or witnesses from speaking about the sexual abuse of a child. This covers disclosing the abuse itself or any facts related to it.

    From policy text

    A nondisclosure clause shall be void and unenforceable as against public policy only to the extent that the nondisclosure clause prohibits-- (1) a victim or alleged victim of sexual abuse against a minor person from disclosing-- (A) that act of sexual abuse against a minor person; or (B) facts related to that act of sexual abuse against a minor person
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  • The law applies retroactively, meaning it reaches back to cover NDAs signed at any point in the past — not just new agreements. No one can enforce these silencing clauses regardless of when the contract was signed.

    From policy text

    This Act shall apply to any nondisclosure clause in a contract or agreement entered into before, on, or after the date of enactment of this Act.
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  • While the bill bans secrecy about the abuse itself, victims can still keep details like settlement amounts private. The key rule is that a contract can never stop someone from disclosing the underlying abuse or facts about it.

    From policy text

    Nothing in this section shall be construed to prohibit a person, including a victim or alleged victim of sexual abuse against a minor person, from entering into a contract or agreement that restricts the disclosure of information, including the amount or payment terms of a settlement
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  • Congress finds that these secrecy agreements have been used to hide ongoing abuse of children, block reports to law enforcement and child protection agencies, and effectively obstruct justice.

    From policy text

    Agreements containing nondisclosure and confidentiality provisions, frequently concluded through the instrumentalities of interstate commerce, have been used to silence survivors of sexual abuse and conceal ongoing or repeated abuse.
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  • The bill preempts any state law that allows enforcement of NDAs that this bill would prohibit, but states remain free to pass even stronger protections for child abuse survivors.

    From policy text

    This Act supersedes any State law to the extent that such law permits enforcement of a provision, the enforcement of which is prohibited under this Act.
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Civil RightsCriminal Justice

Impact Analysis

Personal Impact

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
Mar 3, 2026Senate

Read twice and referred to the Committee on the Judiciary.

Mar 3, 2026

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

Upon enactment

All existing NDAs silencing child sexual abuse victims become void

Survivors who signed secrecy agreements years or even decades ago would immediately be free to speak about their abuse without fear of being sued for breaking the contract.

Source Information

Document Type

Congressional Bill

Official Title

A bill to prohibit the enforcement of certain contractual clauses that restrict disclosure of sexual abuse of minors, and for other purposes.

Bill NumberS 3966
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

(6)
D: 3R: 3

Analysis generated by AI. Always verify with official sources.