42 U.S.C. § 19402 — Definitions

Page 9363 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19403 (A) energy storage; (B) hydrogen or other liquid and gaseous fuel or chemical production; (C) industrial processes; (D) desalination technologies and proc- esses; (E) isotope production; (F) district heating; and (G) other applications, as the Secretary determines to be appropriate; and (3) have implemented or demonstrated the ability to successfully implement workforce training or retraining programs to train work- ers to perform activities relating to the re- search, development, and demonstration of ad- vanced nuclear reactors. (e) Cost share Section 16352 of this title shall apply to Fed- eral financial assistance provided under the pro- gram. (f) Authorization of appropriations In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary to carry out the program— (1) $75,000,000 for fiscal year 2023; (2) $100,000,000 for fiscal year 2024; (3) $150,000,000 for fiscal year 2025; (4) $225,000,000 for fiscal year 2026; and (5) $250,000,000 for fiscal year 2027. (Pub. L. 117–167, div. B, title VI, § 10781, Aug. 9, 2022, 136 Stat. 1728; Pub. L. 118–31, div. C, title XXXI, § 3131(p)(1), Dec. 22, 2023, 137 Stat. 803.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(1). Pub. L. 118–31 substituted ‘‘dem- onstration, and deployment of advanced nuclear reac- tors and associated supply chain infrastructure’’ for ‘‘and demonstration of advanced nuclear reactors’’. CHAPTER 164—SPEAK OUT ACT Sec. 19401. Findings. 19402. Definitions. 19403. Limitation on judicial enforceability of non- disclosure and nondisparagement contract clauses relating to sexual assault disputes and sexual harassment disputes. 19404. Applicability. § 19401. Findings Congress finds the following: (1) Sexual harassment and assault remain pervasive in the workplace and throughout civic society, affecting millions of Americans. (2) Eighty-one percent of women and 43 per- cent of men have experienced some form of sexual harassment or assault throughout their lifetime. (3) One in 3 women has faced sexual harass- ment in the workplace during her career, and an estimated 87 to 94 percent of those who ex- perience sexual harassment never file a formal complaint. (4) Sexual harassment in the workplace forces many women to leave their occupation or industry, or pass up opportunities for ad- vancement. (5) In order to combat sexual harassment and assault, it is essential that victims and survivors have the freedom to report and pub- licly disclose their abuse. (6) Nondisclosure and nondisparagement pro- visions in agreements between employers and current, former, and prospective employees, and independent contractors, and between pro- viders of goods and services and consumers, can perpetuate illegal conduct by silencing those who are survivors of illegal sexual har- assment and assault or illegal retaliation, or have knowledge of such conduct, while shield- ing perpetrators and enabling them to con- tinue their abuse. (7) Prohibiting nondisclosure and nondispar- agement clauses will empower survivors to come forward, hold perpetrators accountable for abuse, improve transparency around illegal conduct, enable the pursuit of justice, and make workplaces safer and more productive for everyone. (Pub. L. 117–224, § 2, Dec. 7, 2022, 136 Stat. 2290.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 117–224, § 1, Dec. 7, 2022, 136 Stat. 2290, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Speak Out Act’.’’ § 19402. Definitions In this chapter: (1) Nondisclosure clause The term ‘‘nondisclosure clause’’ means a provision in a contract or agreement that re- quires the parties to the contract or agree- ment not to disclose or discuss conduct, the existence of a settlement involving conduct, or information covered by the terms and con- ditions of the contract or agreement. (2) Nondisparagement clause The term ‘‘nondisparagement clause’’ means a provision in a contract or agreement that re- quires 1 or more parties to the contract or agreement not to make a negative statement about another party that relates to the con- tract, 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 al- leged to constitute sexual harassment under applicable Federal, Tribal, or State law. (Pub. L. 117–224, § 3, Dec. 7, 2022, 136 Stat. 2290.) § 19403. Limitation on judicial enforceability of nondisclosure and nondisparagement con- tract clauses relating to sexual assault dis- putes and sexual harassment disputes (a) In general With respect to a sexual assault dispute or sexual harassment dispute, no nondisclosure