Survivor’s Voice Protection Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10389 Introduced in House (IH)]

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119th CONGRESS 2d Session H. R. 10389

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

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IN THE HOUSE OF REPRESENTATIVES

September 15, 2026

Mr. Comer (for himself, Ms. Mace, Ms. Foxx, Ms. Boebert, and Mrs. Luna) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

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

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 ``Survivor's Voice Protection Act''.

SEC. 2. DEFINITIONS.

In this Act: (1) Grooming behavior.--The term ``grooming behavior'' means a course of conduct, in or affecting interstate or foreign commerce, directed at a minor that is intended to establish an emotional connection with a minor through manipulation, trust-building, or influence to facilitate future acts of sexual conduct or normalize or desensitize the minor to acts of sexual conduct, even if no in-person meeting or act of sexual conduct is completed, and includes directing or conspiring with another person to engage in such a course of conduct. (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.--The term ``sexual abuse'' means-- (A) conduct that constitutes or allegedly constitutes-- (i) an offense under chapter 109A, chapter 110, or chapter 110A of title 18, United States Code; or (ii) trafficking of a person under chapter 77 of title 18, United States Code; (B) conduct that constitutes or allegedly constitutes grooming behavior; or (C) any sexual act or sexual contact against an individual that constitutes or allegedly constitutes a criminal offense under Federal law or the law of the State in which the act or contact occurs. (4) Fiduciary.--The term ``fiduciary'' means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person, including an officer, director, employee, agent, or other participant in the management or conduct of the affairs of such a person. (5) Minor.--The term ``minor'' means an individual who has not attained 18 years of age.

SEC. 3. NONDISCLOSURE AGREEMENTS VOID AND UNENFORCEABLE.

(a) In General.--A nondisclosure clause shall be void and unenforceable only to the extent that the nondisclosure clause prohibits-- (1) a victim of sexual abuse from disclosing-- (A) such sexual abuse; or (B) facts related to such sexual abuse; or (2) any other person from disclosing facts related to such sexual abuse 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 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). (c) Retroactive Application.-- (1) In general.--This section shall apply to any nondisclosure clause in a contract or agreement entered into before, on, or after the date of enactment of this Act. (2) No enforcement actions.--No person may enforce or attempt to enforce a nondisclosure clause described in subsection (a), regardless of the date on which the contract or agreement containing the nondisclosure clause was entered into. (3) Preemption.-- (A) In general.--This section supersedes any State law to the extent that such law permits enforcement of a provision, the enforcement of which is prohibited under this section. (B) Rule of construction.--Nothing in this section shall be construed to prohibit a State or locality from enacting legislation that-- (i) is consistent with this section; or (ii) provides greater protection to a victim of sexual abuse against a person than is provided under this section.

SEC. 4. FIDUCIARY DUTY TO REPORT.

(a) Duty To Report.--A fiduciary who, in the course of their fiduciary duties, has reasonable cause to believe that the person to whom they owe such duty has engaged in grooming behavior that a reasonable person would believe is intended to lead to sexual abuse described in subparagraph (A) or (C) of section 2(3), shall report such behavior to the appropriate Federal, State, Tribal, or local law enforcement agency in accordance with rules promulgated by the Attorney General under subsection (f). (b) Private Right of Action.--An individual who is a victim of sexual abuse described in subsection (d) may bring a civil action against the fiduciary described in subsection (d)(1) in an appropriate district court of the United States for damages and reasonable attorney fees. (c) Enforcement by States.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by sexual abuse described in subsection (d), the attorney general of the State, as parens patriae, may bring a civil action against the fiduciary described in subsection (d)(1) on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (d) Sexual Abuse Described.--Sexual abuse described in this subsection is sexual abuse described in subparagraph (A) or (C) of section 2(3) with respect to which-- (1) a fiduciary failed to report grooming behavior that led to such sexual abuse in violation of subsection (a); and (2) the person to whom the fiduciary owed the fiduciary duty was convicted. (e) Statute of Limitations.--No action may be maintained under this section unless it is commenced not later than the later of-- (1) 10 years after the date of the conviction described in subsection (d)(2); or (2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense. (f) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate rules to clarify the duty under subsection (a), and the deadline by which a fiduciary is required to report under such subsection, which shall be not less than 90 days and not more than 180 days after the date on which the fiduciary first knows about the grooming behavior described in subsection (a). (g) Effective Date.--This section shall take effect on the date that is 180 days after the date of enactment of this Act, except that subsection (f) shall take effect on the date of enactment of this Act. <all>