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Title 42 — The Public Health and Welfare

Chapter 164 — Speak Out Act

§ 19402. Definitions

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Speak Out Act

    Pub. L. 117–224 § 3 · 136 Stat. 2290

    Enacted · 42 U.S.C. § 19402

    (Pub. L. 117–224, § 3, Dec. 7, 2022, 136 Stat. 2290.)

    Source evidence

    Code source credit
    (Pub. L. 117–224, § 3, Dec. 7, 2022, 136 Stat. 2290.)

    Enacted provision · exact public law section
    SEC. 3. DEFINITIONS.   In this Act: (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, United States Code, 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.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 117–224, § 3, , 136 Stat. 2290.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s19402