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(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 minimum 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 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 paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance 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.(s)
12. Security detail
(a) In general
The Secretary of Labor is authorized to employ law enforcement officers or special agents to provide—(1) protection for the Secretary and Deputy Secretary during the performance of official duties by each such officer and during any activity that is preliminary or postliminary to the performance of official duties by each such officer;(2) protection, incidental to the protection provided pursuant to paragraph (1), to an individual accompanying each such officer who is participating in an activity or event relating to the official duties of each such officer when there is an articulable threat to such individual;(3) continuous protection to the Secretary and Deputy Secretary (including during periods not described in paragraph (1)) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary; and(4) protection of another senior officer (including a person nominated to be the Secretary during the pendency of such nomination) if there is an articulable threat of physical harm, in accordance with guidelines established by the Secretary.(b) Authorities of the Protective Operation
(1) In general
The Secretary may authorize officers or special agents employed pursuant to subsection (a)—(A) to carry firearms;(B) to conduct criminal investigations into potential threats to the security of persons protected under this section;(C) to make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;(D) to perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and(E) coordinate with local law enforcement agencies.(2) Guidelines
The authority provided by this section shall be exercised in accordance with any—(A) guidelines issued by the Attorney General; and(B) such additional guidelines as may be issued by the Secretary.(c) Exception
The authorities granted under this section may be exercised notwithstanding section 1343(b)(1) of Title 31.
(F) Uses of funds
Funds made available to carry out this paragraph may be used for financing construction and rehabilitation, and for loans or investments, in private business enterprises, including those owned by community development corporations.(G) Ownership of intangible property and earnings
The Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grants made under this paragraph, to become the sole property of the grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with subsection (a)(2)(A).(H) Use of intangible assets
Intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with subsection (a)(2)(A).
245A. Civil action for certain violations
(a) In general
A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation.(b) Definitions
For purposes of this section:(1) Designated violation
The term “designated violation” means an actual or threatened violation of—(A) section 507(d) of division D of the Further Consolidated Appropriations Act, 2024 (or any subsequent substantially similar provision); or(B) any funding condition imposed by the Federal Government pursuant to such section 507(d) (or such substantially similar provision).(2) Qualified party
The term “qualified party” means—(A) the Attorney General of the United States;(B) any attorney general of a State; or(C) any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider.(3) State governmental entity
The term “State governmental entity” means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government.(c) Administrative remedies not required
An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies.(d) Defendants
An action under this section may be maintained against a Federal agency committing a designated violation described in subsection (b)(1)(A) or any recipient or subrecipient of Federal assistance committing a designated violation described in subsection (b)(1)(B), including a State governmental entity.(e) Nature of relief
In an action under this section, the court shall grant—(1) all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and(2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs.Relief in an action under this section may include money damages even if the defendant is a governmental entity.(f) Abrogation of State Immunity
No State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a).