168 
(3) reorganizes programs or activities; 
unless the relocation, renaming, or reorganization was in-
cluded in the President’s fiscal year 2020 budget proposal, 
including the accompanying justification documents sub-
mitted to the Committees on Appropriations of the House 
of Representatives and the Senate, and such committees 
are consulted at least 15 days in advance of such reloca-
tion, renaming, or reorganization. 
SEC. 515. (a) None of the funds made available in 
this Act may be used to request that a candidate for ap-
pointment to a Federal scientific advisory committee dis-
close the political affiliation or voting history of the can-
didate or the position that the candidate holds with re-
spect to political issues not directly related to and nec-
essary for the work of the committee involved. 
(b) None of the funds made available in this Act may 
be used to disseminate information that is deliberately 
false or misleading. 
SEC. 516. Within 45 days of enactment of this Act, 
each department and related agency funded through this 
Act shall submit an operating plan that details at the pro-
gram, project, and activity level any funding allocations 
for fiscal year 2020 that are different than those specified 
in this Act, the accompanying detailed table in the joint 
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169 
explanatory statement accompanying this Act or the fiscal 
year 2020 budget request. 
SEC. 517. The Secretaries of Labor, Health and 
Human Services, and Education shall each prepare and 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report on the number 
and amount of contracts, grants, and cooperative agree-
ments exceeding $500,000, individually or in total at the 
program, project, or activity level, in value and awarded 
by the Department on a non-competitive basis during each 
quarter of fiscal year 2020, but not to include grants 
awarded on a formula basis or directed by law. Such re-
port shall include the name of the contractor or grantee, 
the amount of funding, the governmental purpose, includ-
ing a justification for issuing the award on a non-competi-
tive basis. Such report shall be transmitted to the Commit-
tees within 30 days after the end of the quarter for which 
the report is submitted. 
SEC. 518. None of the funds appropriated in this Act 
shall be expended or obligated by the Commissioner of So-
cial Security, for purposes of administering Social Security 
benefit payments under title II of the Social Security Act, 
to process any claim for credit for a quarter of coverage 
based on work performed under a social security account 
number that is not the claimant’s number and the per-
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170 
formance of such work under such number has formed the 
basis for a conviction of the claimant of a violation of sec-
tion 208(a)(6) or (7) of the Social Security Act. 
SEC. 519. None of the funds appropriated by this Act 
may be used by the Commissioner of Social Security or 
the Social Security Administration to pay the compensa-
tion of employees of the Social Security Administration 
to administer Social Security benefit payments, under any 
agreement between the United States and Mexico estab-
lishing totalization arrangements between the social secu-
rity system established by title II of the Social Security 
Act and the social security system of Mexico, which would 
not otherwise be payable but for such agreement. 
SEC. 520. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 521. For purposes of carrying out Executive 
Order 13589, Office of Management and Budget Memo-
randum M–12–12 dated May 11, 2012, and requirements 
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contained in the annual appropriations bills relating to 
conference attendance and expenditures: 
(1) the operating divisions of HHS shall be con-
sidered independent agencies; and 
(2) attendance at and support for scientific con-
ferences shall be tabulated separately from and not 
included in agency totals. 
SEC. 522. Federal agencies funded under this Act 
shall clearly state within the text, audio, or video used for 
advertising or educational purposes, including emails or 
Internet postings, that the communication is printed, pub-
lished, or produced and disseminated at U.S. taxpayer ex-
pense. The funds used by a Federal agency to carry out 
this requirement shall be derived from amounts made 
available to the agency for advertising or other commu-
nications regarding the programs and activities of the 
agency. 
SEC. 523. (a) Federal agencies may use Federal dis-
cretionary funds that are made available in this Act to 
carry out up to 10 Performance Partnership Pilots. Such 
Pilots shall be governed by the provisions of section 526 
of division H of Public Law 113–76, except that in car-
rying out such Pilots section 526 shall be applied by sub-
stituting ‘‘Fiscal Year 2020’’ for ‘‘Fiscal Year 2014’’ in 
the title of subsection (b) and by substituting ‘‘September 
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30, 2024’’ for ‘‘September 30, 2018’’ each place it ap-
pears: Provided, That such pilots shall include commu-
nities that have experienced civil unrest. 
(b) In addition, Federal agencies may use Federal 
discretionary funds that are made available in this Act to 
participate in Performance Partnership Pilots that are 
being carried out pursuant to the authority provided by 
section 526 of division H of Public Law 113–76, section 
524 of division G of Public Law 113–235, section 525 of 
division H of Public Law 114–113, section 525 of division 
H of Public Law 115–31, and section 525 of division H 
of Public Law 115–141. 
(c) Pilot sites selected under authorities in this Act 
and prior appropriations Acts may be granted by relevant 
agencies up to an additional 5 years to operate under such 
authorities. 
SEC. 524. Not later than 30 days after the end of 
each calendar quarter, beginning with the first month of 
fiscal year 2020, the Departments of Labor, Health and 
Human Services and Education and the Social Security 
Administration shall provide the Committees on Appro-
priations of the House of Representatives and Senate a 
report on the status of balances of appropriations: Pro-
vided, That for balances that are unobligated and uncom-
mitted, committed, and obligated but unexpended, the 
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monthly reports shall separately identify the amounts at-
tributable to each source year of appropriation (beginning 
with fiscal year 2012, or, to the extent feasible, earlier 
fiscal years) from which balances were derived. 
SEC. 525. Of the unobligated balances made available 
for purposes of carrying out section 2105(a)(3) of the So-
cial Security Act, $7,715,000,000 shall not be available 
for obligation in this fiscal year. 
SEC. 526. (a)(1) The Secretary of Homeland Secu-
rity, after appropriate consultation with the Secretary of 
Labor and appropriate employers, shall develop, through 
notice and comment rulemaking, a process to provide 
quarterly allocation of visas issued pursuant to petitions 
submitted by employers for individuals to be admitted 
under section 101(a)(15)(H)(ii)(b) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 
(2) In developing the process described in paragraph 
(1), the Secretary shall ensure that— 
(A) all such petitions are submitted to the Sec-
retary not later than 45 days before the first day of 
the quarter during which the requested beneficiaries 
are expected to begin their employment with the em-
ployer; and 
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(B) all decisions to approve or deny a petition 
are made not later than 15 days before the first date 
of employment specified in the petition. 
(b) Subject to subsection (c), for fiscal year 2021, 
and every fiscal year thereafter, of the visas authorized 
under section 214(g)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of 
Homeland Security shall issue— 
(1) not more than 14 percent to aliens whose employ-
ment is scheduled to begin during the first quarter of the 
fiscal year; 
(2) not more than 45 percent (plus any visas author-
ized, but not issued, under paragraph (1)) to aliens whose 
employment is scheduled to begin during the second quar-
ter of the fiscal year; 
(3) not more than 39 percent (plus any visas author-
ized, but not issued, under paragraphs (1) and (2)) to 
aliens whose employment is scheduled to begin during the 
third quarter of the fiscal year; and 
(4) not more than 2 percent (plus any visas author-
ized, but not issued, under paragraph (1), (2), and (3)) 
to aliens whose employment is scheduled to begin during 
the fourth quarter of the fiscal year. 
(c) Not later than 2 years after the date of the enact-
ment of this Act, and every 2 years thereafter, the Sec-
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retary of Homeland Security, in the Secretary’s sole and 
unreviewable discretion, and after consultation with the 
Secretary of Labor, shall— 
(1) compare the quarterly allocation of visas under 
subsection (b) to the actual need for individuals to be ad-
mitted under section 101(a)(15)(H)(ii)(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 
in each quarter; and 
(2) adjust the quarterly allocation of such visas ac-
cordingly. 
(d) For each calendar quarter subject to the visa allo-
cation process set forth in subsection (b) or (c), if the total 
number of visas requested by employers whose petitions 
meet the standards for approval exceeds the total number 
of visas available for such employers, the Secretary shall 
ensure that each such petition is approved for a minimum 
number of visas, which shall be calculated based on the 
ratio between the total number of visas requested by such 
employers and the total number of visas available. 
(e) Effective October 1, 2020, section 214(g)(10) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(g)(10)) is repealed. 
(f) Section 214(c)(14)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(14)(C)) is amended to 
read as follows: 
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‘‘(C) In determining the level of penalties to be as-
sessed under subparagraph (A), the highest penalties shall 
be reserved for— 
‘‘(i) willful failures to meet any of the condi-
tions of the petition that involve harm to United 
States workers; and 
‘‘(ii) willful misrepresentations of the number of 
necessary nonimmigrants in an application for tem-
porary labor certification in support of a petition for 
nonimmigrants 
described 
in 
section 
101(a)(15)(H)(ii)(b).’’. 
SEC. 527. None of the funds made available by this 
Act may be used to replace or diminish the quality of care 
provided by Medicare Advantage (as established in Title 
42, Chapter 7, Subchapter XVIII, Part C of the United 
States Code) and the TRICARE program (as defined in 
Section 1072 of Title 10 of the United States Code). 
This Act may be cited as the ‘‘Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2020’’. 
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Union Calendar No. 39 
116TH CONGRESS 
1ST SESSION 
H. R. 2740 
[Report No. 116–62] 
A BILL 
Making appropriations for the Departments of 
Labor, Health and Human Services, and Edu-
cation, and related agencies for the fiscal year 
ending September 30, 2020, and for other pur-
poses. 
MAY 15, 2019 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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