S. 3966Senate119th Congress (2025-2027)Passed Senate

TREY'S Law

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced March 3, 2026

AI-Generated Summary

Updated May 22, 2026 at 2:42 AM UTC

TREY'S Law makes any contract clause that stops a victim or anyone else from talking about sexual abuse of a minor illegal to enforce. It aims to protect survivors’ rights to report abuse, cooperate with law enforcement, and seek justice, and it applies to all such agreements whether they were signed before or after the law takes effect.

Key Provisions

  • Defines a “minor” as anyone under 18 and a “nondisclosure clause” as any contract term that bars disclosure of information.
  • Declares nondisclosure clauses that prevent disclosure of sexual abuse of a minor to be void and unenforceable as against public policy.
  • Allows parties to keep settlement amounts or payment terms confidential, as long as the restriction does not block disclosure of the abuse itself.
  • Applies retroactively, meaning even old agreements with prohibited nondisclosure clauses cannot be enforced.
  • Supersedes any state law that would permit enforcement of such clauses, while still allowing states to adopt stronger protections.

Legislative Activity

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8 earlier actions
HouseFloor Latest Action

Held at the desk.

May 20, 2026 • 4:38 PM

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SenateIntro Referral

Introduced in Senate

March 3, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

March 3, 2026

SenateCommittee

Committee on the Judiciary. Ordered to be reported without amendment favorably.

May 14, 2026

SenateCommittee

Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.

May 19, 2026

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 413.

May 19, 2026

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S2398-2400; text: CR S2399-2400)

May 20, 2026

SenateFloor

Message on Senate action sent to the House.

May 20, 2026

HouseFloor

Received in the House.

May 20, 2026 • 4:30 PM

HouseFloor

Held at the desk.

May 20, 2026 • 4:38 PM

Floor Debate

9 members

What members said about S. 3966 on the floor

5 Republicans4 Democrats
Tim Kaine
Sen. Tim KaineD-VA · May 20, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to discuss a CRA resolution that we will be voting on soon, and it is a CRA resolution to…

Josh Hawley
Sen. Josh HawleyR-MO · May 20, 2026

Mr. President, when Lisa Smith was just 3 years old, she was trafficked--just a sweet little toddler, blond hair, the cutest little thing, not much younger than my daughter is now. When she should…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · May 20, 2026

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come to the Senate this afternoon with a simple proposition and a resolution that recognizes…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 20, 2026

Mr. President, the month of May is a very busy time of year: graduation season, recital season, and, of course, planting season for American farmers. Here in the Senate, lawmakers will burn the…

Ron Johnson
Sen. Ron JohnsonR-WI · May 20, 2026

Mr. President, reserving the right to object, I am down here now for the third time with a smile on my face. This is humorous. It would be humorous if it weren't so tragic. The good Senator from…

Show 4 more
Ted Cruz
Sen. Ted CruzR-TX · May 20, 2026

Mr. President, I rise today to share the story of a young man who didn't have the opportunity to share his own story. His name was Trey Carlock, and for years, he struggled in silence with the trauma…

Peter Welch
Sen. Peter WelchD-VT · May 20, 2026

Mr. President, like citizens in Ohio, Vermonters like to work hard. They get up each day and face the day, and they don't fear hard work. They are glad to do that to protect their families and to…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 20, 2026

Mr. President, last year, the city of Chicago, which I am honored to represent, lived under President Trump's mass deportation operation, which was dubbed by the administration as ``Operation Midway…

Katie Boyd Britt
Sen. Katie Boyd BrittR-AL · May 20, 2026

Mr. President, I rise today to stand with Senator Cruz. Senator Cruz's leadership on this important issue has led us to today where I am hopeful that the Senate will provide a unanimous vote for…

Bill Text

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Engrossed in SenateIssued May 20, 2026

119th CONGRESS

2d Session

S. 3966

AN ACT

To prohibit the enforcement of certain contractual clauses that restrict disclosure of sexual abuse of minors, and for other purposes.

1.

Short title

This Act may be cited as the Terminating Restrictive Enforcement of Youth Settlements Law or TREY'S Law.

2.

Findings and purposes

(a)

Findings

(1)

Instrumentalities of interstate commerce

Congress finds the following:

(A)

Sexual abuse of minors, including abuse facilitated through instrumentalities of interstate commerce, is a matter of national concern.

(B)

Agreements containing nondisclosure and confidentiality provisions, frequently concluded through the instrumentalities of interstate commerce, have been used to silence survivors of sexual abuse and conceal ongoing or repeated abuse.

(C)

The enforcement of such provisions interferes with reporting to law enforcement agencies, child protection authorities, Federal regulators, Members of Congress, and the courts, and frustrates the enforcement of Federal criminal and civil law.

(2)

Necessary and proper clause and enforcement of Federal criminal law

Congress further finds the following:

(A)

Sexual abuse and trafficking of minors are prohibited under Federal criminal law, including chapter 110 of title 18, United States Code, and section 1591 of title 18, United States Code.

(B)

Nondisclosure and confidentiality agreements that prohibit or restrict disclosure of sexual abuse of a minor interfere with reporting to law enforcement, child protection authorities, courts, Federal regulators, and Members of Congress.

(C)

Such agreements frustrate the investigation and prosecution of Federal crimes, chill cooperation with law enforcement, and function as private mechanisms to obstruct justice.

(D)

Congress has authority under clause 18 of section 8 of article I of the Constitution of the United States (commonly known as the Necessary and Proper Clause) to ensure that private agreements are not used to impede the enforcement of Federal criminal and civil law protecting minors from sexual exploitation and abuse.

(3)

State action and section 5 of the 14th Amendment

Congress further finds the following:

(A)

Survivors of child sexual abuse possess fundamental constitutional interests, secured by provisions of the Bill of Rights as incorporated against the States through the 14th Amendment to the Constitution of the United States, in reporting crimes, seeking redress through the courts, cooperating with law enforcement, and petitioning the government for protection and enforcement.

(B)

When State courts or other governmental authorities enforce nondisclosure or confidentiality provisions that prohibit or restrict disclosure of sexual abuse of a minor, such enforcement constitutes State action for purposes of the 14th Amendment to the Constitution of the United States.

(C)

Judicial enforcement of such provisions may deprive survivors of due process of law, equal protection of the laws, and meaningful access to courts, including rights derived from the First Amendment to the Constitution of the United States and incorporated against the States, in violation of the 14th Amendment.

(D)

Agreements that obstruct justice, suppress the reporting of crimes, or conceal criminal conduct have long been regarded at common law, including at the time of the founding of the United States, as void and unenforceable as against public policy, and fall outside the traditional scope of protected contractual liberty.

(E)

At the time of the founding of the United States, private agreements purporting to suppress prosecution, conceal felonies, or restrain the reporting of crimes were not recognized as valid or enforceable contracts, and no party possessed a vested right in their judicial enforcement.

(F)

Congress has authority under section 5 of the 14th 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 minors.

(b)

Purpose

The purpose of this Act is—

(1)

to enforce the guarantees of the 14th Amendment to the Constitution of the United States, including the right to petition the government for redress of grievances and the right of access to courts, by preventing State courts and other governmental authorities from enforcing nondisclosure or confidentiality provisions that suppress disclosure of sexual abuse of minors;

(2)

to ensure, pursuant to the authority of Congress under article I of the Constitution of the United States, including the Necessary and Proper Clause, that private agreements are not used to obstruct the investigation or prosecution of Federal crimes involving the sexual abuse or trafficking of minors;

(3)

to preserve access to courts and the right to petition the government for redress of grievances; and

(4)

to ensure that survivors of sexual abuse of minors, and persons with knowledge of such abuse, may disclose such abuse freely and without fear of civil liability.

3.

Definitions

In this Act:

(1)

Minor person

The term minor person means an individual who has not attained 18 years of age.

(2)

Nondisclosure clause

The term nondisclosure clause means a provision in a contract or agreement that prohibits 1 or more parties to the contract or agreement from disclosing conduct or information covered by the terms and conditions of the contract or agreement.

(3)

Sexual abuse against a minor person

The term sexual abuse against a minor person means—

(A)

conduct that constitutes or allegedly constitutes—

(i)

an offense under chapter 110 of title 18, United States Code; or

(ii)

sex trafficking of a minor person under section 1591 of title 18, United States Code; or

(B)

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 occurs.

4.

Nondisclosure agreements void and unenforceable

(a)

In general

A nondisclosure clause shall be void and unenforceable as against public policy only to the extent that the nondisclosure clause prohibits—

(1)

a victim or alleged victim of sexual abuse against a minor person from disclosing—

(A)

that act of sexual abuse against a minor person; or

(B)

facts related to that act of sexual abuse against a minor person; or

(2)

any other person from disclosing facts related to sexual abuse against a minor person described in paragraph (1) in support of, in furtherance of, or consistent with the right of a victim or alleged victim to disclose under that paragraph.

(b)

Permissible confidentiality

Nothing in this section shall be construed to prohibit a person, including a victim or alleged victim of sexual abuse against a minor person, from entering into a contract or agreement that restricts the disclosure of information, including the amount or payment terms of a settlement, by another party to the contract or agreement, including an alleged perpetrator, so long as such restriction does not prevent disclosure protected under subsection (a).

5.

Retroactive application

(a)

In general

This Act shall apply to any nondisclosure clause in a contract or agreement entered into before, on, or after the date of enactment of this Act.

(b)

No enforcement actions

No person may enforce or attempt to enforce a nondisclosure clause described in section 4(a), regardless of the date on which the contract or agreement containing the nondisclosure clause was entered into.

(c)

Preemption

(1)

In general

This Act supersedes any State law to the extent that such law permits enforcement of a provision, the enforcement of which is prohibited under this Act.

(2)

Rule of construction

Nothing in this Act shall be construed to prohibit a State or locality from enacting legislation that—

(A)

is consistent with this Act; or

(B)

provides greater protection to a victim of sexual abuse against a minor person than is provided under this Act.

Passed the Senate May 20, 2026.

Secretary