A bipartisan group of U.S. senators introduced legislation March 3 that would prevent nondisclosure agreements (NDAs) from silencing victims of child sexual abuse.
The bill, titled the “Terminating Restrictive Enforcement of Youth Settlements Law,” or “TREY’S Law,” was introduced in the Senate by Sen. Ted Cruz, R-Texas, and Sen. Kirsten Gillibrand, D-N.Y. Co-sponsors include Sens. Katie Britt, R-Ala., Peter Welch, D-Vt., Eric Schmitt, R-Mo., and Amy Klobuchar, D-Minn. It has been referred to the Senate Judiciary Committee.
The legislation would make nondisclosure clauses unenforceable when they prevent victims or others from disclosing the sexual abuse of a minor or related facts. The measure applies to agreements signed before, during, or after litigation and would also apply retroactively to past contracts.
The legislation is named after Trey Carlock, a Texas man who said he was sexually abused as a child at a Missouri summer camp and years later pursued civil litigation against the camp for negligence. He won a settlement, but it came with a restrictive NDA. Carlock died by suicide in 2019 at age 28, and his family has advocated for reforms to limit NDAs in abuse cases.
Elizabeth Phillips, Carlock’s sister, has advocated for the measure. She appeared alongside senators and survivor advocates at a March 3 press conference announcing the legislation.
Versions of “Trey’s Law” have already been adopted in several states, including Texas and Alabama. Supporters argue the federal legislation would create nationwide protections for abuse survivors.
According to the bill, a nondisclosure clause would be “void and unenforceable as against public policy” if it prevents “a victim or alleged victim of sexual abuse against a minor person from disclosing that act of sexual abuse against a minor person or facts related to that act.”
Supporters say the proposal is intended to ensure that private legal settlements cannot be used to conceal abuse or prevent victims from cooperating with law enforcement.
Congressional findings in the bill state that nondisclosure agreements have “been used to silence survivors of sexual abuse and conceal ongoing or repeated abuse” and such provisions can interfere with reporting crimes to authorities and hinder criminal investigations.
The measure emphasizes that victims should be able to report abuse “freely and without fear of civil liability,” while still allowing confidentiality provisions related to other aspects of settlements, such as payment amounts.
Groups that have backed the proposal include the Rape, Abuse & Incest National Network, or RAINN, the American Association for Justice, a national trial lawyers’ organization focused on victims’ rights, the National Coalition to Prevent Child Sexual Abuse and Exploitation, the National Children’s Alliance, the Zero Abuse Project, and Children’s Advocacy Centers of Texas.