TREY'S Law

Summary of S.3966 (119th Congress) – TREY'S Law

Purpose and intent

• S.3966, titled the Terminating Restrictive Enforcement of Youth Settlements Law (TREY'S Law), seeks to prohibit the enforcement of nondisclosure or confidentiality clauses in contracts that restrict disclosures of sexual abuse involving minors.
• The bill aims to remove barriers to reporting, investigating, and prosecuting sexual abuse of minors by ensuring survivors and others can speak about abuse without fear of civil liability or contract enforcement.

Key provisions and changes

• Definitions:
  • Minor person: anyone under 18.
  • Nondisclosure clause: contract provision preventing disclosure of conduct or information covered by the contract.
  • Sexual abuse against a minor person: covers federal offenses (e.g., sex crimes under 18 U.S.C. chapter 110, or sex trafficking under 18 U.S.C. § 1591) and similar acts violating state laws where the act occurs.
• Nondisclosure clause voiding and unenforceability (Section 4):
  • A nondisclosure clause that prohibits a victim or alleged victim from disclosing acts of sexual abuse against a minor, or related facts, is void and unenforceable as against public policy.
  • Allows legitimate confidentiality provisions that restrict disclosure of information, including settlement payment terms, so long as they do not bar disclosures allowed under subsection (a) (i.e., disclosures about the abuse itself or related facts).
• Scope of effect:
  • Applies to nondisclosure clauses in any contract or agreement, regardless of when entered into.
  • Prohibits enforcement actions against such clauses, retroactively and going forward.
• Retroactivity and enforcement (Section 5):
  • Applies to nondisclosure clauses in contracts entered into before, on, or after enactment.
  • No person may enforce a nondisclosure clause described in Section 4(a), regardless of contract date.
• Preemption and state-law interplay:
  • The Act preempts conflicting state law to the extent it would permit enforcement of such nondisclosure provisions.
  • States may enact stronger protections consistent with or greater than TREY'S Law.

Who would be affected

• Survivors and alleged victims of sexual abuse against minors by ensuring they can disclose abuse without facing contractual barriers.
• Parties to settlements or agreements that include nondisclosure clauses (including alleged perpetrators and their representatives), who would lose a contractual tool to prohibit disclosure of abuse-related information.
• Courts, law enforcement, and federal authorities by reducing impediments to reporting, investigation, and prosecution of related crimes.

Procedural and timeline aspects

• Status: Introduced in the Senate on March 3, 2026; referred to the Senate Judiciary Committee.
• Core timeline implications: If enacted, the nondisclosure restrictions described would be void and unenforceable going forward and retroactively apply to existing agreements.

Potential impact and considerations

• Public policy and access to justice: Strengthens survivors’ rights to report abuse and participate in investigations or civil actions.
• Federal and interstate reach: Addresses abuses potentially facilitated via interstate commerce and aligns with federal criminal provisions on sexual abuse and trafficking of minors.
• Preemption and flexibility: Allows states to enact stronger protections; clarifies that certain confidentiality provisions related to settlement details may still be permissible if they do not conceal abuse itself or hinder disclosures protected by the Act.

Note: This summary focuses on substantive elements as stated in the bill text. It does not cover potential fiscal implications, regulatory impact analyses, or anticipated administrative procedures that might accompany implementing regulations if the bill becomes law.