Title 42, The Public Health and WelfareRelease 119-110

§19402 Definitions

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

Last updated Sep 22, 2026|Official source

Summary

Defines four key words used later in the chapter. A nondisclosure clause is a rule in a contract that stops the people who signed it from talking about the behavior, from saying there was a settlement about it, or from sharing other information the contract covers. A nondisparagement clause is a rule in a contract that stops one or more people who signed it from saying negative things about another person when those comments relate to the contract, claim, or case. A sexual assault dispute is a disagreement about a nonconsensual sexual act or sexual contact, as described in section 2246 of title 18 or similar tribal or state law, and includes when a victim could not give consent. A sexual harassment dispute is a disagreement about conduct that is 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)Nondisclosure clause

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)Nondisparagement clause

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)Sexual assault dispute

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)Sexual harassment dispute

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110