No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Oct 1, 2026. Consult Congress.gov for the current record.
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Neutral evidence review
Objective
Analyze H.R.10389 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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Fairness and public impact
Progressive lens
Examine H.R.10389 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
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Institutions and government scope
Conservative lens
Examine H.R.10389 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
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Individual rights and government power
Liberty lens
Examine H.R.10389 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.
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PlainBill explanation
Read the proposal in plain language
AI-generated · Source-checked by AI · Oct 24, 2026
Based on the full Introduced in House · 2026-09-15 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
What it would do
This proposal would make contractual secrecy clauses unenforceable when they block victims from disclosing sexual abuse or related facts, including under older agreements. It would also require people in certain positions of trust to report suspected grooming by the person they serve. Victims could sue for qualifying reporting failures, subject to conditions including a conviction.
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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;
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
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)
(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.
The bill defines sexual abuse to include actual or alleged offenses under specified federal criminal-law chapters, actual or alleged grooming, and sexual acts or contact that constitute or allegedly constitute a crime under federal law or the law of the state where they occur.
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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.
Grooming would mean a course of conduct directed at someone under 18, in or affecting interstate or foreign commerce, intended to build an emotional connection through manipulation, trust-building or influence to facilitate future sexual conduct or normalize it. No in-person meeting or completed sexual conduct would be necessary. Directing or conspiring with someone else to engage in that conduct would also qualify.
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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.
A nondisclosure clause is a contractual restriction on sharing covered information. The bill would invalidate such a clause only to the extent it blocks a victim from disclosing sexual abuse or related facts. It would also protect another person's disclosure of related facts when that disclosure supports, advances or is consistent with the victim's or alleged victim's right to disclose.
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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.
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.
Parties could still agree to restrict another party's disclosure of information, including settlement amounts or payment terms, provided the restriction does not prevent protected disclosures. This permission would include restrictions on an alleged perpetrator.
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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).
The nondisclosure protections would apply to agreements made before, on or after enactment. No person could enforce or attempt to enforce a clause to the extent it blocks the protected disclosures, regardless of when the agreement was made.
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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.
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.
The nondisclosure section would override state law to the extent it permits enforcement that this section prohibits. States and localities could enact consistent laws or give sexual-abuse victims greater protection.
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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.
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.
The bill uses a broad definition of fiduciary—a person acting in a position of trust for another. It includes guardians, trustees, estate administrators and other listed roles, as well as officers, directors, employees, agents and other participants in managing or conducting another person's affairs.
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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.
A fiduciary would have to report grooming to the appropriate federal, state, Tribal or local law enforcement agency when, during their duties, they have reasonable cause to believe the person they serve engaged in it and a reasonable person would believe it is intended to lead to the criminal conduct covered by section 2(3)(A) or (C). Reporting would follow rules issued by the Attorney General.
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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).
(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;
(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.
Victims could sue a fiduciary in federal district court for damages and reasonable attorney fees. State attorneys general could also sue on behalf of residents for appropriate relief when residents' interests were affected or threatened. Both routes would require a reporting violation involving grooming that led to sexual abuse covered by section 2(3)(A) or (C), and a conviction of the person the fiduciary served.
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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.
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.
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.
Lawsuits under the fiduciary section would have to begin within 10 years after the qualifying conviction. If the victim was under 18 at the time of the alleged offense, the deadline would be the later of that date or 10 years after the victim turns 18.
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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.
The Attorney General would have to issue rules within 180 days after enactment to clarify the reporting duty and set its deadline. The reporting deadline would have to fall between 90 and 180 days after the fiduciary first knows about the covered grooming.
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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).
The fiduciary section would take effect 180 days after enactment, except that its rulemaking provision would take effect on enactment.
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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.
The supplied actions snapshot, updated October 1, 2026, records introduction in the House and referral to the House Committee on the Judiciary on September 15, 2026.
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Source snapshot updated 2026-10-01T02:14:09Z.
2026-09-15: Referred to the House Committee on the Judiciary.
2026-09-15: Introduced in House
Reviewed version: Introduced in House · 2026-09-15. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish attachment history or the contents of other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish formal earmark status in accompanying materials or other versions.
Other targeted benefits
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow preferential carve-out or special exemption was identified in the complete supplied introduced text. Its generally defined protections and remedies for intended beneficiaries do not alone constitute targeted benefits. This conclusion is limited to the supplied version.
What this analysis cannot establish
The supplied text is the introduced proposal, not evidence of enacted law. The October 1, 2026 actions snapshot does not establish subsequent legislative action or enactment; its silence does not prove the bill never advanced.
The federal criminal-law chapters referenced in the sexual-abuse definition are not reproduced. Their detailed coverage and requirements cannot be determined from this bundle alone.
The bill leaves clarification of the fiduciary reporting duty and the exact reporting deadline within the specified range to future Attorney General rules, which are not supplied.
No member earmark requests, disclosures, committee reports, conference materials or amendment history are supplied. The benefits review is limited to the complete introduced text and cannot establish classifications or provisions in other materials.
Full text preserved for this analysis. Legislative record snapshot: Oct 1, 2026. How PlainBill uses AI