H. R. 2471—389 
(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 notwithstanding section 102 and the preceding proviso, 
the Secretary may transfer not more than 0.5 percent of funds 
made available in paragraphs (1) and (2) of the ‘‘Office of Job 
Corps’’ account to paragraph (3) of such account to carry out pro-
gram integrity activities related to the Job Corps program: Provided 
further, That funds transferred under this subsection shall be avail-
able to the Secretary to carry out program integrity activities 
directly or through grants, cooperative agreements, contracts and 
other arrangements with States and other appropriate entities: 
Provided further, That funds transferred under the authority pro-
vided by this subsection shall be available for obligation through 
September 30, 2023. 
(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, 2023: 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:
H. R. 2471—390 
‘‘(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 under-
writing, 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 minimum weekly amount established by the Sec-
retary, 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 fac-
tual information to prepare damage estimates; 
‘‘(iii) evaluating and making recommendations 
regarding coverage or compensability of claims or 
determining 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 
exemption provided by section 13(a)(1). 
‘‘(3) For purposes of this subsection— 
‘‘(A) the term ‘major disaster’ means any disaster or 
catastrophe 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 para-
graph (1)(C) relating to a major disaster, and is employed 
by an employer that maintains worker compensation insur-
ance coverage or protection for its employees, if required 
by applicable law, and withholds 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 companies, 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. 
SEC. 109. (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
H. R. 2471—391 
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. 110. 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. 111. 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. 112. 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, at a value determined by the Secretary, to apprenticeship 
programs for the purpose of training apprentices in those programs. 
SEC. 113. (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:
H. R. 2471—392 
‘‘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 
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. 114. 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 on Treasure Island.