Title 42The Public Health and WelfareRelease 119-73

§19402 Definitions

Title 42 › Chapter CHAPTER 164— - SPEAK OUT ACT › § 19402

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this chapter. A nondisclosure clause stops parties from revealing or talking about conduct, a related settlement, or covered information. A nondisparagement clause stops parties from making negative statements about another party tied to the agreement, claim, or case. A sexual assault dispute covers a nonconsensual sexual act or contact (as defined in 18 U.S.C. 2246 or similar tribal or state law), including when the victim could not consent. A sexual harassment dispute covers conduct claimed to be sexual harassment under federal, tribal, or state law.

Full Legal Text

Title 42, §19402

The Public Health and Welfare — Source: USLM XML via OLRC

In this chapter:
(1)The term “nondisclosure clause” means a provision in a contract or agreement that requires the parties to the contract or agreement not to disclose or discuss conduct, the existence of a settlement involving conduct, or information covered by the terms and conditions of the contract or agreement.
(2)The term “nondisparagement clause” means a provision in a contract or agreement that requires 1 or more parties to the contract or agreement not to make a negative statement about another party that relates to the contract, agreement, claim, or case.
(3)The term “sexual assault dispute” means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks capacity to consent.
(4)The term “sexual harassment dispute” means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19402

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73