H. R. 6157—83 
Any funds reserved under this section shall be transferred to 
‘‘Departmental Management’’ for use by the Office of the Chief 
Evaluation Officer within the Department of Labor, and shall be 
available for obligation through September 30, 2020: Provided, That 
such funds shall only be available if the Chief Evaluation Officer 
of the Department of Labor submits a plan to the Committees 
on Appropriations of the House of Representatives and the Senate 
describing the evaluations to be carried out 15 days in advance 
of any transfer. 
(b) The accounts referred to in subsection (a) are: ‘‘Training 
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service 
Employment for Older Americans’’, ‘‘State Unemployment Insurance 
and Employment Service Operations’’, ‘‘Employee Benefits Security 
Administration’’, ‘‘Office of Workers’ Compensation Programs’’, 
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance 
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational 
Safety and Health Administration’’, ‘‘Mine Safety and Health 
Administration’’, ‘‘Office of Disability Employment Policy’’, funding 
made available to the ‘‘Bureau of International Labor Affairs’’ and 
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries 
and Expenses’’ account, and ‘‘Veterans Employment and Training’’. 
SEC. 108. (a) Section 7 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 207) shall be applied as if the following text 
is part of such section: 
‘‘(s)(1) The provisions of this section shall not apply for a 
period of 2 years after the occurrence of a major disaster to any 
employee— 
‘‘(A) employed to adjust or evaluate claims resulting from 
or relating to such major disaster, by an employer not engaged, 
directly or through an affiliate, in underwriting, selling, or 
marketing property, casualty, or liability insurance policies or 
contracts; 
‘‘(B) who receives from such employer on average weekly 
compensation of not less than $591.00 per week or any min-
imum weekly amount established by the Secretary, whichever 
is greater, for the number of weeks such employee is engaged 
in any of the activities described in subparagraph (C); and 
‘‘(C) whose duties include any of the following: 
‘‘(i) interviewing insured individuals, individuals who 
suffered injuries or other damages or losses arising from 
or relating to a disaster, witnesses, or physicians; 
‘‘(ii) inspecting property damage or reviewing factual 
information to prepare damage estimates; 
‘‘(iii) 
evaluating 
and 
making 
recommendations 
regarding coverage or compensability of claims or deter-
mining liability or value aspects of claims; 
‘‘(iv) negotiating settlements; or 
‘‘(v) making recommendations regarding litigation. 
‘‘(2) The exemption in this subsection shall not affect the exemp-
tion provided by section 13(a)(1). 
‘‘(3) For purposes of this subsection— 
‘‘(A) the term ‘major disaster’ means any disaster or catas-
trophe declared or designated by any State or Federal agency 
or department; 
‘‘(B) the term ‘employee employed to adjust or evaluate 
claims resulting from or relating to such major disaster’ means 
an individual who timely secured or secures a license required
H. R. 6157—84 
by applicable law to engage in and perform the activities 
described in clauses (i) through (v) of paragraph (1)(C) relating 
to a major disaster, and is employed by an employer that 
maintains worker compensation insurance coverage or protec-
tion for its employees, if required by applicable law, and with-
holds applicable Federal, State, and local income and payroll 
taxes from the wages, salaries and any benefits of such 
employees; and 
‘‘(C) the term ‘affiliate’ means a company that, by reason 
of ownership or control of 25 percent or more of the outstanding 
shares of any class of voting securities of one or more compa-
nies, directly or indirectly, controls, is controlled by, or is under 
common control with, another company.’’. 
(b) This section shall be effective on the date of enactment 
of this Act. 
(RESCISSION) 
SEC. 109. Of the funds made available under the heading 
‘‘Employment and Training Administration–Training and Employ-
ment Services’’ in division H of Public Law 115–141, $53,000,000 
is rescinded, to be derived from the amount made available in 
paragraph (2)(A) under such heading for the period October 1, 
2018, through September 30, 2019. 
SEC. 110. (a) FLEXIBILITY WITH RESPECT
TO
THE CROSSING 
OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.— 
(1) IN GENERAL.—Subject to paragraph (2), if a petition 
for H–2B nonimmigrants filed by an employer in the seafood 
industry is granted, the employer may bring the nonimmigrants 
described in the petition into the United States at any time 
during the 120-day period beginning on the start date for 
which the employer is seeking the services of the non-
immigrants without filing another petition. 
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An 
employer in the seafood industry may not bring H–2B non-
immigrants into the United States after the date that is 90 
days after the start date for which the employer is seeking 
the services of the nonimmigrants unless the employer— 
(A) completes a new assessment of the local labor 
market by— 
(i) listing job orders in local newspapers on 2 sepa-
rate Sundays; and 
(ii) posting the job opportunity on the appropriate 
Department of Labor Electronic Job Registry and at 
the employer’s place of employment; and 
(B) offers the job to an equally or better qualified 
United States worker who— 
(i) applies for the job; and 
(ii) will be available at the time and place of need. 
(3) EXEMPTION
FROM
RULES
WITH
RESPECT
TO
STAG-
GERING.—The Secretary of Labor shall not consider an employer 
in the seafood industry who brings H–2B nonimmigrants into 
the United States during the 120-day period specified in para-
graph (1) to be staggering the date of need in violation of 
section 655.20(d) of title 20, Code of Federal Regulations, or 
any other applicable provision of law.
H. R. 6157—85 
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term 
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States 
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 
SEC. 111. The determination of prevailing wage for the purposes 
of the H–2B program shall be the greater of—(1) the actual wage 
level paid by the employer to other employees with similar experi-
ence and qualifications for such position in the same location; 
or (2) the prevailing wage level for the occupational classification 
of the position in the geographic area in which the H–2B non-
immigrant will be employed, based on the best information available 
at the time of filing the petition. In the determination of prevailing 
wage for the purposes of the H–2B program, the Secretary shall 
accept private wage surveys even in instances where Occupational 
Employment Statistics survey data are available unless the Sec-
retary determines that the methodology and data in the provided 
survey are not statistically supported. 
SEC. 112. None of the funds in this Act shall be used to 
enforce the definition of corresponding employment found in 20 
CFR 655.5 or the three-fourths guarantee rule definition found 
in 20 CFR 655.20, or any references thereto. Further, for the 
purpose of regulating admission of temporary workers under the 
H–2B program, the definition of temporary need shall be that 
provided in 8 CFR 214.2(h)(6)(ii)(B). 
SEC. 113. Notwithstanding any other provision of law, the 
Secretary may furnish through grants, cooperative agreements, con-
tracts, and other arrangements, up to $2,000,000 of excess personal 
property to apprenticeship programs for the purpose of training 
apprentices in those programs. 
SEC. 114. The proviso at the end of paragraph (1) under the 
heading 
‘‘Department 
of 
Labor—Employment 
and 
Training 
Administration—State Unemployment Insurance and Employment 
Service Operations’’ in title I of division G of Public Law 113– 
235 is amended by striking ‘‘six’’ and inserting ‘‘seven’’. 
SEC. 115. (a) The Act entitled ‘‘An Act to create a Department 
of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141) 
shall be applied as if the following text is part of such Act: 
‘‘SEC. 12. SECURITY DETAIL. 
‘‘(a) IN GENERAL.—The Secretary of Labor is authorized to 
employ law enforcement officers or special agents to— 
‘‘(1) provide protection for the Secretary of Labor during 
the workday of the Secretary and during any activity that 
is preliminary or postliminary to the performance of official 
duties by the Secretary; 
‘‘(2) provide protection, incidental to the protection provided 
to the Secretary, to a member of the immediate family of 
the Secretary who is participating in an activity or event 
relating to the official duties of the Secretary; 
‘‘(3) provide continuous protection to the Secretary 
(including during periods not described in paragraph (1)) and 
to the members of the immediate family of the Secretary if 
there is a unique and articulable threat of physical harm, 
in accordance with guidelines established by the Secretary; 
and 
‘‘(4) provide protection to the Deputy Secretary of Labor 
or another senior officer representing the Secretary of Labor
H. R. 6157—86 
at a public event if there is a unique and articulable threat 
of physical harm, in accordance with guidelines established 
by the Secretary. 
‘‘(b) AUTHORITIES.—The Secretary of Labor may authorize a 
law enforcement officer or special agent employed under subsection 
(a), for the purpose of performing the duties authorized under 
subsection (a), to— 
‘‘(1) carry firearms; 
‘‘(2) make arrests without a warrant for any offense against 
the United States committed in the presence of such officer 
or special agent; 
‘‘(3) perform protective intelligence work, including identi-
fying and mitigating potential threats and conducting advance 
work to review security matters relating to sites and events; 
‘‘(4) coordinate with local law enforcement agencies; and 
‘‘(5) initiate criminal and other investigations into potential 
threats to the security of the Secretary, in coordination with 
the Inspector General of the Department of Labor. 
‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforcement officer 
or special agent employed under subsection (a) shall exercise any 
authority provided under this section in accordance with any— 
‘‘(1) guidelines issued by the Attorney General; and 
‘‘(2) guidelines prescribed by the Secretary of Labor.’’. 
(b) This section shall be effective on the date of enactment 
of this Act. 
SEC. 116. The Secretary is authorized to dispose of or divest, 
by any means the Secretary determines appropriate, including an 
agreement or partnership to construct a new Job Corps center, 
all or a portion of the real property on which the Treasure Island 
Job Corps Center is situated. Any sale or other disposition will 
not be subject to any requirement of any Federal law or regulation 
relating to the disposition of Federal real property, including but 
not limited to subchapter III of chapter 5 of title 40 of the United 
States Code and subchapter V of chapter 119 of title 42 of the 
United States Code. The net proceeds of such a sale shall be 
transferred to the Secretary, which shall be available until expended 
to carry out the Job Corps Program. 
SEC. 117. (a) The paragraph under the heading ‘‘Working Cap-
ital Fund’’ in the Department of Labor Appropriations Act, 1958, 
Public Law 85–67, 71 Stat. 210, as amended, is further amended 
by striking all of the text that appears after ‘‘for expenses necessary 
for the maintenance and operation of’’ and inserting ‘‘a comprehen-
sive program of centralized services which the Secretary of Labor 
may prescribe and deem appropriate and advantageous to provide 
on a reimbursable basis: Provided, That such Working Capital 
Fund may receive advances and reimbursements from funds avail-
able to bureaus, offices, and agencies for which such centralized 
services are performed at rates which will return in full all expenses 
of operation, including reserves for accrued annual leave, workers’ 
compensation, depreciation of capitalized equipment and amortiza-
tion of human resources software and systems (either acquired 
or donated): Provided further, That, through September 30, 2019, 
the Secretary of Labor may transfer an amount not to exceed 
$3,000,000 from unobligated balances in the Department’s salaries 
and expenses accounts to the Working Capital Fund, to be merged 
with the Working Capital Fund and used for the acquisition of 
capital equipment and the improvement of financial management,