H.R. 8571 — TREY'S Law

This section declares congressional findings that nondisclosure and confidentiality agreements silence survivors of child sexual abuse, interfere with reporting to law enforcement and courts, frustrate federal criminal prosecutions, and constitute state action when enforced by state authorities in violation of the 14th Amendment; and states Congress's authority under the Necessary and Proper Clause and section 5 of the 14th Amendment to prevent such enforcement. The section further declares the Act's purposes of barring enforcement of such agreements that suppress disclosure of child sexual abuse, ensuring they do not obstruct federal investigations or prosecutions, preserving access to courts and petition rights, and protecting survivors and witnesses from civil liability for disclosure.

This section defines three terms for purposes of the Act: (1) "minor person" as an individual who has not attained 18 years of age; (2) "nondisclosure clause" as a provision in a contract or agreement that prohibits one or more parties from disclosing conduct or information covered by the contract or agreement; and (3) "sexual abuse against a minor person" as conduct that constitutes or allegedly constitutes (A) an offense under chapter 110 of title 18, United States Code (i.e., sexual exploitation and other abuse of children), or sex trafficking of a minor under 18 U.S.C. §1591, or (B) any sexual act or sexual contact with a minor that constitutes a criminal offense under federal or state law.

This section renders void and unenforceable any nondisclosure clause, as against public policy, to the extent it prohibits (1) a victim or alleged victim of sexual abuse against a minor from disclosing the act of abuse or related facts, or (2) any other person from disclosing related facts in support of, in furtherance of, or consistent with the victim's disclosure rights. Subsection (b) permits confidentiality agreements restricting disclosure of other information—including settlement amounts or payment terms—provided such restrictions do not prevent disclosures protected under subsection (a).

This section applies the Act retroactively to nondisclosure clauses in any contract or agreement entered into before, on, or after enactment. It prohibits any person from enforcing or attempting to enforce a nondisclosure clause described in section 4(a) regardless of contract date and preempts state laws permitting enforcement of such clauses, while allowing states and localities to enact consistent laws or those providing greater protections to victims of sexual abuse against minors.