H. R. 244—381 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated by this Act for the 
Job Corps shall be used to pay the salary and bonuses of an 
individual, either as direct costs or any proration as an indirect 
cost, at a rate in excess of Executive Level II. 
(TRANSFER OF FUNDS) 
SEC. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
a program, project, or activity, but no such program, project, or 
activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this 
section shall not be used to create any new program or to fund 
any project or activity for which no funds are provided in this 
Act: Provided further, That the Committees on Appropriations of 
the House of Representatives and the Senate are notified at least 
15 days in advance of any transfer. 
SEC. 103. In accordance with Executive Order 13126, none 
of the funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, in whole or in part, by forced or indentured child labor 
in industries and host countries already identified by the United 
States Department of Labor prior to enactment of this Act. 
(INCLUDING RESCISSION) 
SEC. 104. Except as otherwise provided in this section, none 
of the funds made available to the Department of Labor for grants 
under section 414(c) of the American Competitiveness and 
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be 
used for any purpose other than competitive grants for training 
individuals who are older than 16 years of age and are not currently 
enrolled in school within a local educational agency in the occupa-
tions and industries for which employers are using H–1B visas 
to hire foreign workers, and the related activities necessary to 
support such training: Provided, That of such funds available before 
September 30, 2017 up to $20,000,000 shall be available for obliga-
tion through September 30, 2018 by the Employment and Training 
Administration of the Department of Labor to process foreign labor 
certifications, including wage determinations and associated tasks 
and grants to States, submitted by employers to employ non-
immigrants described in section 101(a)(15)(H)(ii) of the Immigration 
and Nationality Act, to the extent necessary to eliminate backlogs 
and delays: Provided further, That of the unobligated funds avail-
able under section 286(s)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1356(s)(2)), $46,000,000 are permanently rescinded. 
SEC. 105. None of the funds made available by this Act under 
the heading ‘‘Employment and Training Administration’’ shall be 
used by a recipient or subrecipient of such funds to pay the salary 
and bonuses of an individual, either as direct costs or indirect 
costs, at a rate in excess of Executive Level II. This limitation 
shall not apply to vendors providing goods and services as defined 
in Office of Management and Budget Circular A–133. Where States
H. R. 244—382 
are recipients of such funds, States may establish a lower limit 
for salaries and bonuses of those receiving salaries and bonuses 
from subrecipients of such funds, taking into account factors 
including the relative cost-of-living in the State, the compensation 
levels for comparable State or local government employees, and 
the size of the organizations that administer Federal programs 
involved including Employment and Training Administration pro-
grams. 
(TRANSFER OF FUNDS) 
SEC. 106. (a) Notwithstanding section 102, the Secretary may 
transfer funds made available to the Employment and Training 
Administration by this Act, either directly or through a set-aside, 
for technical assistance services to grantees to ‘‘Program Adminis-
tration’’ when it is determined that those services will be more 
efficiently performed by Federal employees: Provided, That this 
section shall not apply to section 171 of the WIOA. 
(b) Notwithstanding section 102, the Secretary may transfer 
not more than 0.5 percent of each discretionary appropriation made 
available to the Employment and Training Administration by this 
Act to ‘‘Program Administration’’ in order to carry out program 
integrity activities relating to any of the programs or activities 
that are funded under any such discretionary appropriations: Pro-
vided, That funds transferred from under paragraphs (1) and (2) 
of the ‘‘Office of Job Corps’’ account shall be available under para-
graph (3) of such account in order to carry out program integrity 
activities relating to the Job Corps program: Provided further, That 
funds transferred under this subsection shall be available for obliga-
tion through September 30, 2018. 
(TRANSFER OF FUNDS) 
SEC. 107. (a) The Secretary may reserve not more than 0.75 
percent from each appropriation made available in this Act identi-
fied in subsection (b) in order to carry out evaluations of any 
of the programs or activities that are funded under such accounts. 
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, 2018: 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’’.
H. R. 244—383 
SEC. 108. Notwithstanding any other provision of law, begin-
ning October 1, 2016, the Secretary of Labor, in consultation with 
the Secretary of Agriculture may select an entity to operate a 
Civilian Conservation Center on a competitive basis in accordance 
with section 147 of the WIOA, if the Secretary of Labor determines 
such Center has had consistently low performance under the 
performance accountability system in effect for the Job Corps pro-
gram prior to July 1, 2016, or with respect to expected levels 
of performance established under section 159(c) of such Act begin-
ning July 1, 2016. 
SEC. 109. (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 
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
H. R. 244—384 
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. 110. Of the funds made available under the heading 
‘‘Employment and Training Administration–Training and Employ-
ment Services’’ in division H of Public Law 114–113, $75,000,000 
is rescinded, to be derived from the amount made available in 
paragraph (2)(A) under such heading for the period October 1, 
2016, through September 30, 2017. 
SEC. 111. (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. 
(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. 112. 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