Sen. Ted Cruz Proposes Taking Trey’s Law to Federal Level
Momentum to pass similar laws preventing NDAs in child sexual abuse cases in more states is growing.
This article was updated on 3/4/2026 to reflect a new bill filed in Ohio.
Republican Sen. Ted Cruz of Texas has filed a bill to enact a federal version of Trey’s Law, banning nondisclosure agreements (NDA) in child sexual abuse cases.
It has bipartisan support with Democrat Sen. Kirsten Gillibrand of New York as a co-author, and several other senators from both parties joining as co-sponsors.
Sen. Ted Cruz announcing proposal of federal version of Trey’s Law / Video screenshot
It is the latest in the continued momentum for this effort to stop the “silencing” of sexual abuse survivors through the use of restrictive NDAs.
The bill makes NDAs void and unenforceable if they prohibit a victim of child sexual abuse from disclosing the act of abuse or facts related to the act.
This lays a base line for NDA use, Cruz noted, but it doesn’t prevent states from passing more restrictive laws.
Cruz also said the bill allows confidentiality to be preserved where it is desired by victims.
“No child who has endured sexual abuse should be forced to carry that horror in silence,” Cruz said in a press statement.
“Non-disclosure agreements are too often used to protect abusers, with incalculable and catastrophic consequences for their victims.”
He expressed hope that the bill will pass quickly and with bi-partisan support.
A legal settlement where an NDA is included in a binding contract that settles a lawsuit between parties and usually stipulates that another related lawsuit cannot be filed in the future.
Contract law, in general, is a matter of state, not federal law, so the bill is supposed to demonstrate how its provisions fall under the powers given to Congress in the Constitution.
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According to Section 2 of the bill, the basis for Congressional authority to enact Trey’s Law is found in the interstate commerce clause, the necessary and proper clause, and Section 5 of the 14th Amendment, which allows Congress 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.”
The law is named for Trey Carlock, a sexual abuse survivor who was victimized from age 7 to 17 by former Kanakuk Kamp director Peter Newman.
As part of a settlement agreement with Kanakuk, Carlock signed a restrictive NDA that he believed “coerced” him into silence. “They will always control me,” he told a therapist before he died by suicide in 2019 at age 28.
His sister, Elizabeth Phillips, has worked tirelessly around the country to get states to pass versions of Trey’s Law. So far a version has been enacted in his native state of Texas, along with Missouri, Tennessee, Alabama, and California.
Jaden Harris, a 19-year-old survivor of child sexual abuse in Missouri, spoke about how Trey’s Law passing in Missouri “protected her voice” and was “essential to her healing.”
Bills are also pending in six more states, according to TreysLaw.org.
In Georgia, House Bill 1887 sponsored by state Rep. Soo Hong, has been favorably reported out of the House Judiciary Committee. It would “prohibit as contrary to the public policy of this state any contract or agreement that has the purpose or effect of concealing the details relating to a claim of childhood sexual abuse.”
In Louisiana, Senate Bill 185 by state Sen. Thomas Pressly has been pre-filed in anticipation of the start of the legislature on March 9. SB 185 would render NDAs void and unenforceable if they are designed to prevent child sexual abuse victims from discussing their abuse.
The Kansas House of Representatives voted favorably on February 19 to advance the bill to the Senate. HB 2688 by state Rep. Lauren Bohi includes NDAs related to childhood sexual abuse and human trafficking as judicially unenforceable. The bill has been referred to the Kansas Senate Committee on Judiciary.
Kentucky’s House Bill 608 by state Rep. T.J. Roberts applies to both child and adult sexual abuse victims. It includes retroactive application to make NDAs void and unenforceable even if they were entered into before the law’s effective date.
The Oklahoma Legislature is considering House Bill 4227, by state Rep. Chris Kannady and a senate version by state Sen. Darrell Weaver, for passage. It was recommended by the Judiciary and Public Safety Oversight committee. If passed, the bill would apply to cases involving child sexual abuse and trafficking and would apply to both past and future agreements.
Senate Bill 941 in West Virginia is authored by state Sen. Michael Woelfel. The bill, currently in the Senate Judiciary committee, would apply to both child and adult victims of sexual abuse, making NDAs void and unenforceable.
Update: State Representatives Roy Klopfenstein and Melanie Miller introduced a “Trey’s Law” bill in the Ohio House of Representatives that would make NDAs that prohibit a person from speaking about sexual abuse void and unenforceable.
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