TERMINATING RESTRICTIVE ENFORCEMENT OF YOUTH SETTLEMENTS LAW

On 2026-05-20, Senator Josh Hawley (R-MO) delivered a floor speech titled "TERMINATING RESTRICTIVE ENFORCEMENT OF YOUTH SETTLEMENTS LAW" in the Senate.

TERMINATING RESTRICTIVE ENFORCEMENT OF YOUTH SETTLEMENTS LAW

Congressional Record, Volume 172 Issue 86 (Wednesday, May 20, 2026) [Congressional Record Volume 172, Number 86 (Wednesday, May 20, 2026)] [Senate] [Pages S2398-S2407] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] TERMINATING RESTRICTIVE ENFORCEMENT OF YOUTH SETTLEMENTS LAW Mr. CRUZ. 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 and the wounds inflicted by someone he once trusted at a summer camp he attended for many years. So let me share Trey's story. Trey was a young man who loved the Lord. He loved his family. He loved his friends. And he proudly resided in my home State of Texas. As a young boy, Trey attended summer camp in Branson, MO, where he and dozens of other campers were sexually assaulted by the camp director. And as an adult, Trey sought accountability. He filed a lawsuit against the camp he attended in an effort to hold the camp responsible and to seek justice, not only for himself but for others. But instead of justice, Trey was offered a settlement, and that settlement came with a nondisclosure agreement which mandated Trey's silence. After years of fighting to recover from abuse, Trey's settlement reminded him that his voice could be bought, that his story could be buried, that the price of compensation was silence. Trey once told his therapist ``They will always control me, and I'll never be free.'' Not long after, Trey died by suicide. He was only 28 years old. No child who has endured sexual abuse should be forced to carry that horror in silence. No child should be forced to walk alone in that pain. And no child should be forced to accept agreements that protect the abuser. In Trey's case, and, tragically many others, nondisclosure agreements are used to shield the abuser. Children are the most vulnerable and most precious members of our society. As legislators, as parents, as human beings, we have a moral obligation to stand between children and those who would harm them. That is why I have introduced TREY'S Law. TREY'S Law will protect, defend, and support children who are the victims of sexual assault. It ensures that nondisclosure agreements cannot be used to silence minors who have endured abuse. At the same time, the bill preserves the confidentiality of settlement amounts and allows victims themselves to insist on privacy if they so choose. What it does not allow is the forced silencing of victims in order to protect abusers. TREY'S Law establishes a clear national baseline: no NDA may be used to silence the disclosure of child sexual abuse. And importantly, this legislation does not prevent the States from going further. Versions of TREY'S Law have already passed in Texas, in Alabama, in Missouri, Tennessee, California, and other States have also taken steps to prohibit the use of NDAs in cases of child sexual abuse. These are meaningful steps in the right direction, but we owe it to Trey and every victim to ensure that they have the right to speak about their experiences, they have the right to rely on those around them, that they know their stories will not be silenced, and, most importantly, that they are not alone. In just a moment, I will propound a unanimous consent request to take up and pass TREY'S Law to make sure that no other children feel controlled or defeated by the system that is supposed to deliver them justice. TREY'S Law has already passed the Judiciary Committee unanimously, and I want to thank Senators Gillibrand and Britt and my colleagues on the entire Judiciary Committee for working on this legislation and helping us push this across the finish line. And with that, I yield the floor to Senator Britt. The PRESIDING OFFICER. The Senator from Alabama. Mrs. BRITT. 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 TREY'S Law. You heard Senator Cruz tell the story that tugs at your heartstrings; it is unimaginable. As a parent, I cannot imagine my child enduring that and then that child being forced into silence. It should never happen again. [[Page S2399]] Victims should be in control of when and where and if they tell their story. They should never be silenced or sidelined. TREY'S Law has built momentum across the country. That is because, as Senator Cruz will tell you, Elizabeth Carlock, Trey's sister, has fought tirelessly to ensure that this never happens to another individual and another family ever has to endure this pain. When we are looking at this, I am very proud that Alabama has led the way. Alabama passed TREY'S Law, along with a number of other States. And in our State, Representative David Faulkner and State Senator Matt Woods ensured that TREY'S Law was signed by Governor Ivey into law. Today, we ask our colleagues to join us in this commonsense and bipartisan piece of legislation that will ensure that no victim of child sexual abuse will ever be silenced. I urge the House to pass this bill and to send it to President Trump's desk. Look, there are a lot of times that we are out and talking to people in our States. We hear from constituents. We hear stories that tug at our heartstrings. I commend Senator Cruz and the Senate Judiciary Committee--and I am certainly proud to be a part of that--for actually doing something about the tragedies that are facing everyday Americans. Today, let's honor Trey's memory. Let's ensure that abusers are not protected. Let's ensure that victims have a voice, and let's prevent tragedies like this from ever happening again. I yield back to my distinguished colleague from Texas. The PRESIDING OFFICER. The Senator from Texas. Mr. CRUZ. Mr. President, I thank Senator Britt for her kind remarks and for her passionate leadership fighting alongside me to get this passed. If and when the Senate passes this, it will be a victory for Trey, a victory for his sister Elizabeth, who has been tirelessly fighting to honor the memory and legacy of her brother, a victory for the entire Carlock family, and a victory for kids who tragically have been the victims of sexual assault across the country. After the Senate passes this, I hope the House takes this legislation up quickly, passes it, and puts it on the President's desk to be signed into law. Mr. President, therefore, as if in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 413, S. 3966. The PRESIDING OFFICER. The clerk will report the bill by title. The senior assistant legislative clerk read as follows: A bill (S. 3966) to prohibit the enforcement of certain contractual clauses that restrict disclosure of sexual abuse of minors, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which was reported from the Committee on the Judiciary. Mr. CRUZ. I ask unanimous consent that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table. The PRESIDING OFFICER. Without objection, it is so ordered. The bill (S. 3966) was ordered to be engrossed for a third reading, was read the third time, and passed as follows: S. 3966 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terminating Restrictive Enforcement of Youth Settlements Law'' or ``TREY'S Law''. SEC. 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 c

Referenced legislation: SRES553, SRES553, S3966, S4608