TREY'S Law
- Bill Number
- H.R. 8571
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2026-04-29: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-19T08:05:55Z
AI-Generated Summary
Purpose
The "Terminating Restrictive Enforcement of Youth Settlements Law" (TREY'S Law) aims to prevent courts and government authorities from enforcing nondisclosure agreements (NDAs) that silence survivors of child sexual abuse. It protects constitutional rights to report crimes, access courts, and petition the government, while ensuring these agreements do not obstruct federal investigations or prosecutions of child sexual abuse and trafficking.
Key Provisions
- Definitions:
- Minor person: Anyone under 18 years old.
- Nondisclosure clause: A contract provision that bars parties from sharing specific information.
- Sexual abuse against a minor: Includes federal crimes (e.g., under 18 U.S.C. Chapter 110 or sex trafficking under 18 U.S.C. § 1591) or any state criminal sexual act/contact with a minor.
- Voiding NDAs (Section 4): NDAs are unenforceable if they block:
- Victims (or alleged victims) from disclosing the abuse or related facts.
- Others from sharing related facts to support the victim's disclosure.
- Allows limits on disclosing settlement amounts or terms, if it does not restrict abuse disclosure.
- Retroactive Application and Preemption (Section 5):
- Applies to all contracts, regardless of when signed.
- Bans enforcement attempts.
- Overrides state laws allowing such NDA enforcement; states can enact stronger protections.
Significant Changes to Existing Law
- Renders specific NDAs void nationwide as against public policy, even if previously enforceable under state contract law.
- Introduces federal preemption, limiting state courts' ability to uphold these clauses.
- Applies retroactively, invalidating past agreements without creating new liabilities for prior disclosures.
Potential Impacts
- Citizens: Empowers child sexual abuse survivors and witnesses to report freely, reducing fear of lawsuits and aiding access to justice.
- Government Agencies: Facilitates reporting to law enforcement, child protection services, regulators, and Congress; streamlines federal crime investigations and prosecutions.
- Courts: Shifts enforcement away from silencing victims toward public policy favoring disclosure.
- No direct impacts on international relations noted.
Main Stakeholders Affected
- Survivors and witnesses of child sexual abuse: Gain freedom to disclose without civil penalties.
- Alleged perpetrators and settling parties (e.g., institutions like schools, churches, or companies): Lose ability to enforce silence on abuse details.
- Law enforcement and child protection agencies: Benefit from increased reporting and cooperation.
- State and federal courts: Must disregard prohibited NDA clauses.
- Organizations using NDAs: Face challenges in maintaining confidentiality in settlements.
Notable Legal, Constitutional, or Political Implications
- Constitutional Basis: Relies on Congress's authority under the Necessary and Proper Clause (Article I, Section 8) to support federal crime enforcement and Section 5 of the 14th Amendment to remedy state court actions that may violate due process, equal protection, First Amendment rights (e.g., petitioning government), and access to courts.
- Public Policy Alignment: Codifies common law tradition voiding contracts that hide crimes, treating such NDAs as obstructing justice.
- Federalism Concerns: Preempts state laws, potentially sparking debates on federal overreach into contract law, though it allows states to provide more protection.
- No Vested Rights: Asserts no one has a constitutional right to enforce abuse-silencing NDAs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (11)
Rep. Johnson, Julie [D-TX-32], Rep. Self, Keith [R-TX-3], Rep. Mace, Nancy [R-SC-1], Rep. Gooden, Lance [R-TX-5], Rep. Hunt, Wesley [R-TX-38], Rep. Fuller, Clay [R-GA-14], Rep. Goldman, Craig A. [R-TX-12], Rep. Schmidt, Derek [R-KS-2], Rep. Palmer, Gary J. [R-AL-6], Rep. Mills, Cory [R-FL-7], Rep. Aderholt, Robert B. [R-AL-4]
Recent Actions
- 2026-04-29: Referred to the House Committee on the Judiciary.
- 2026-04-29: Introduced in House
- 2026-04-29: Introduced in House
Bill Versions
- Terminating Restrictive Enforcement of Youth Settlements Law — issued 2026-04-29 — PDF (9 pages)