S. 3966 explained · 119th Congress · Pending in Congress
TREY'S Law
Cosponsors: 20 (10 D, 10 R) · per Congress.gov, 2026-10-08
Introduced: 2026-03-03
Latest action (2026-05-20): Held at the desk.
What S. 3966 does, in plain terms
Terminating Restrictive Enforcement of Youth Settlements Law or TREY'S Law This bill limits the enforceability of nondisclosure clauses that prohibit the disclosure of sexual abuse against a minor. Specifically, the bill makes a nondisclosure clause in a contract void and unenforceable to the extent that it prohibits (1) a victim or alleged victim of sexual abuse against a minor from disclosing the sexual abuse or facts related to it, or (2) any other person from disclosing facts related to the sexual abuse of a minor. These changes apply to any nondisclosure clause in a contract entered into before, on, or after this bill's date of enactment. Further, the changes made by this bill supersede any state law to the extent the state law permits enforcement of a nondisclosure clause that prohibits the disclosure of sexual abuse against a minor.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
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S. 3966 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 0.60
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
Hamilton and Marshall uphold under commerce and necessary and proper powers; Madison supports conditionally if limited to interstate matters.
The proposed legislation, TREY'S Law, falls within the enumerated powers of Congress to regulate commerce among the several states and to make all laws necessary and proper for executing such powers. As threats to public safety through illicit substances traverse state lines and undermine the general welfare of the Union, federal authority is essential to preserve order and security, consistent with the principles of energetic government outlined in defense of implied powers.
TREY'S Law, as federal legislation in the policy area of law concerning substances like fentanyl, intrudes upon the reserved powers of the States. The Constitution delegates no authority to Congress over internal police regulations, such as criminal penalties or public health measures for drugs, which are not among the enumerated powers. From first principles, individual liberty demands that such matters remain with the States or the people, lest federal power swallow sovereignty. Strict construction confines Congress to its limited sphere, preserving state autonomy per the Tenth Amendment. Th…
Congress possesses authority to regulate commerce among the several states, which may encompass legislation addressing interstate trafficking in substances affecting public safety. However, such power is limited and must not extend to purely local matters reserved to the states under principles of federalism, lest it undermine the division of authority essential to republican government. The bill's constitutionality depends on whether it adheres strictly to enumerated powers without encroaching upon state police authority over internal order.
The proposed federal legislation, known as TREY'S Law, falls within the enumerated powers of Congress as granted by the Constitution. Congress possesses the authority to regulate Commerce among the several States, which encompasses laws addressing interstate trafficking and related activities that burden such commerce. Furthermore, the necessary and proper clause empowers Congress to enact laws essential to the execution of its enumerated powers, including the suppression of crimes that impede national commerce. This Court has affirmed the supremacy of federal authority in these domains, uphol…
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