H.R. 10389
Survivor’s Voice Protection Act
Sponsor: James Comer
4 cosponsors
Official summary
No official summary yet.
Text of the bill
(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.