,,ii  #aaith ,,congress  #b;d ,session  
,s4 #ciff  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #c1     
#bjbf ,mr4 ,cruz 7for himself1 ,mrs4    
,gillibrand1 ,mrs4 ,britt1 ,mr4         
,schmitt1 and ,mr4 ,welch7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to prohibit the 
enforcement of certain contractual      
clauses that restrict disclosure of     
sexual abuse of minors1 and for other   
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,terminating        
,restrictive ,enforcement of ,youth     
,settlements ,law or ,,trey',s ,law4    
#b4 ,findings and purposes  7a7         
,findings  7#a7 ,instrumentalities of   
interstate commerce ,congress finds the 
following3  7,a7 ,sexual abuse of       
minors1 including abuse facilitated     
through instrumentalities of interstate 
commerce1 is a matter of national       
concern4  7,b7 ,agreements containing   
nondisclosure and confidentiality       

provisions1 frequently concluded through
 the instrumentalities of interstate    
commerce1 have been used to silence     
survivors of sexual abuse and conceal   
ongoing or repeated abuse4  7,c7 ,the   
enforcement of such provisions          
interferes with reporting to law        
enforcement agencies1 child protection  
authorities1 ,federal regulators1       
,members of ,congress1 and the courts1  
and frustrates the enforcement of       
,federal criminal and civil law4  7#b7  
,necessary and proper clause and        
enforcement of ,federal criminal law    
,congress further finds the following3  
7,a7 ,sexual abuse and trafficking of   
minors are prohibited under ,federal    
criminal law1 including chapter #aaj of 
title #ah1 ,united ,states ,code1 and   
section #aeia of title #ah1 ,united     
,states ,code4  7,b7 ,nondisclosure and 
confidentiality agreements that prohibit
 or restrict disclosure of sexual abuse 
of a minor interfere with reporting to  
law enforcement1 child protection       

authorities1 courts1 ,federal           
regulators1 and ,members of ,congress4  
7,c7 ,such agreements frustrate the     
investigation and prosecution of        
,federal crimes1 chill cooperation with 
law enforcement1 and function as private
 mechanisms to obstruct justice4  7,d7  
,congress has authority under clause #ah
 of section #h of article ,i of the     
,constitution of the ,united ,states    
7commonly known as the ,necessary and   
,proper ,clause7 to ensure that private 
agreements are not used to impede the   
enforcement of ,federal criminal and    
civil law protecting minors from sexual 
exploitation and abuse4  7#c7 ,state    
action and section #e of the #adth      
,amendment ,congress further finds the  
following3 7,a7 ,survivors of child     
sexual abuse possess fundamental        
constitutional interests1 secured by    
provisions of the ,bill of ,rights as   
incorporated against the ,states through
 the #adth ,amendment to the            
,constitution of the ,united ,states1 in

 reporting crimes1 seeking redress      
through the courts1 cooperating with law
 enforcement1 and petitioning the       
government for protection and           
enforcement4  7,b7 ,when ,state courts  
or other governmental authorities       
enforce nondisclosure or confidentiality
 provisions that prohibit or restrict   
disclosure of sexual abuse of a minor1  
such enforcement constitutes ,state     
action for purposes of the #adth        
,amendment to the ,constitution of the  
,united ,states4  7,c7 ,judicial        
enforcement of such provisions may      
deprive survivors of due process of law1
 equal protection of the laws1 and      
meaningful access to courts1 including  
rights derived from the ,first          
,amendment to the ,constitution of the  
,united ,states and incorporated against
 the ,states1 in violation of the #adth 
,amendment4  7,d7 ,agreements that      
obstruct justice1 suppress the reporting
 of crimes1 or conceal criminal conduct 
have long been regarded at common law1  

including at the time of the founding of
 the ,united ,states1 as void and       
unenforceable as against public policy1 
and fall outside the traditional scope  
of protected contractual liberty4  7,e7 
,at the time of the founding of the     
,united ,states1 private agreements     
purporting to suppress prosecution1     
conceal felonies1 or restrain the       
reporting of crimes were not recognized 
as valid or enforceable contracts1 and  
no party possessed a vested right in    
their judicial enforcement4  7,f7       
,congress has authority under section #e
 of the #adth ,amendment to the         
,constitution of the ,united ,states to 
enact appropriate remedial and          
preventive legislation to prevent and   
remedy constitutional violations arising
 from ,state judicial enforcement of    
private agreements that suppress        
disclosure of criminal conduct involving
 minors4  7b7 ,purpose ,the purpose of  
this ,act is--  7#a7 to enforce the     
guarantees of the #adth ,amendment to   

the ,constitution of the ,united        
,states1 including the right to petition
 the government for redress of          
grievances and the right of access to   
courts1 by preventing ,state courts and 
other governmental authorities from     
enforcing nondisclosure or              
confidentiality provisions that suppress
 disclosure of sexual abuse of minors2  
7#b7 to ensure1 pursuant to the         
authority of ,congress under article ,i 
of the ,constitution of the ,united     
,states1 including the ,necessary and   
,proper ,clause1 that private agreements
 are not used to obstruct the           
investigation or prosecution of ,federal
 crimes involving the sexual abuse or   
trafficking of minors2  7#c7 to preserve
 access to courts and the right to      
petition the government for redress of  
grievances2 and  7#d7 to ensure that    
survivors of sexual abuse of minors1 and
 persons with knowledge of such abuse1  
may disclose such abuse freely and      
without fear of civil liability4  #c4   

,definitions ,in this ,act3 7#a7 ,minor 
person ,the term minor person means an  
individual who has not attained #ah     
years of age4  7#b7 ,nondisclosure      
clause ,the term nondisclosure clause   
means a provision in a contract or      
agreement that prohibits #a or more     
parties to the contract or agreement    
from disclosing conduct or information  
covered by the terms and conditions of  
the contract or agreement4  7#c7 ,sexual
 abuse against a minor person ,the term 
sexual abuse against a minor person     
means--  7,a7 conduct that constitutes  
or allegedly constitutes-- 7i7 an       
offense under chapter #aaj of title #ah1
 ,united ,states ,code2 or  7ii7 sex    
trafficking of a minor person under     
section #aeia of title #ah1 ,united     
,states ,code2 or  7,b7 any sexual act  
or sexual contact involving a minor     
person that constitutes a criminal      
offense under ,federal law or the law of
 the ,state in which the act or contact 
occurs4  #d4 ,nondisclosure agreements  

void and unenforceable  7a7 ,in general 
,a nondisclosure clause shall be void   
and unenforceable as against public     
policy only to the extent that the      
nondisclosure clause prohibits-- 7#a7 a 
victim or alleged victim of sexual abuse
 against a minor person from            
disclosing--  7,a7 that act of sexual   
abuse against a minor person2 or  7,b7  
facts related to that act of sexual     
abuse against a minor person2 or  7#b7  
any other person from disclosing facts  
related to sexual abuse against a minor 
person described in paragraph 7#a7 in   
support of1 in furtherance of1 or       
consistent with the right of a victim or
 alleged victim to disclose under that  
paragraph4  7b7 ,permissible            
confidentiality ,nothing in this section
 shall be construed to prohibit a       
person1 including a victim or alleged   
victim of sexual abuse against a minor  
person1 from entering into a contract or
 agreement that restricts the disclosure
 of information1 including the amount or

 payment terms of a settlement1 by      
another party to the contract or        
agreement1 including an alleged         
perpetrator1 so long as such restriction
 does not prevent disclosure protected  
under subsection 7a74  #e4 ,retroactive 
application  7a7 ,in general ,this ,act 
shall apply to any nondisclosure clause 
in a contract or agreement entered into 
before1 on1 or after the date of        
enactment of this ,act4  7b7 ,no        
enforcement actions ,no person may      
enforce or attempt to enforce a         
nondisclosure clause described in       
section #d7;a71 regardless of the date  
on which the contract or agreement      
containing the nondisclosure clause was 
entered into4  7c7 ,preemption  7#a7 ,in
 general ,this ,act supersedes any      
,state law to the extent that such law  
permits enforcement of a provision1 the 
enforcement of which is prohibited under
 this ,act4  7#b7 ,rule of construction 
,nothing in this ,act shall be construed
 to prohibit a ,state or locality from  

enacting legislation that--  7,a7 is    
consistent with this ,act2 or  7,b7     
provides greater protection to a victim 
of sexual abuse against a minor person  
than is provided under this ,act4