42 U.S.C. § 19402 - U.S. Code - Unannotated Title 42. The Public Health and Welfare § 19402. Definitions

(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.