390 
ers under section 805(b), including amounts paid 
under section 805(f). 
(2) ELIGIBILITY.— 
(A) ELIGIBLE EMPLOYERS GENERALLY.— 
Any essential work employer shall be eligible for 
a grant under paragraph (1). 
(B) SELF-DIRECTED CARE WORKERS.—A 
self-directed care worker employed by an essen-
tial work employer other than an essential work 
employer described in section 805(g), shall be 
eligible to apply for a grant under paragraph 
(1) in the same manner as an essential work 
employer. Such a worker shall provide premium 
pay to himself or herself in accordance with this 
section, including the recordkeeping and refund 
requirements of this section. 
(b) AMOUNT OF GRANTS.— 
(1) IN GENERAL.—The maximum amount avail-
able for making a grant under subsection (a)(1) to 
an essential work employer shall be equal to the sum 
of— 
(A) the amount obtained by multiplying 
$10,000 by the number of essential workers the 
employer certifies, in the application submitted 
under subsection (c)(1), as employing, or pro-
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391 
viding remuneration to for services or labor, 
who are paid wages or remuneration by the em-
ployer at a rate that is less than the equivalent 
of $200,000 per year; and 
(B) the amount obtained by multiplying 
$5,000 by the number of highly-compensated 
essential workers the employer certifies, in the 
application submitted under subsection (c)(1), 
as employing, or providing remuneration to for 
services or labor, who are paid wages or remu-
neration by the employer at a rate that is equal 
to or greater than the equivalent of $200,000 
per year. 
(2) NO
PARTIAL
GRANTS.—The Secretary of 
the Treasury shall not award a grant under this sec-
tion in an amount less than the maximum described 
in paragraph (1). 
(c) GRANT APPLICATION AND DISBURSAL.— 
(1) APPLICATION.—Any essential work em-
ployer seeking a grant under subsection (a)(1) shall 
submit an application to the Secretary of the Treas-
ury at such time, in such manner, and complete with 
such information as the Secretary may require. 
(2) NOTICE AND CERTIFICATION.— 
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392 
(A) IN GENERAL.—The Secretary of the 
Treasury shall, within 15 days after receiving a 
complete application from an essential work em-
ployer eligible for a grant under this section— 
(i) notify the employer of the Sec-
retary’s findings with respect to the re-
quirements for the grant; and 
(ii)(I) if the Secretary finds that the 
essential work employer meets the require-
ments under this section for a grant under 
subsection (a), provide a certification to 
the employer— 
(aa) that the employer has met 
such requirements; 
(bb) of the amount of the grant 
payment that the Secretary has deter-
mined the employer shall receive 
based on the requirements under this 
section; or 
(II) if the Secretary finds that the es-
sential work employer does not meet the 
requirements under this section for a grant 
under subsection (a), provide a notice of 
denial stating the reasons for the denial 
and provide an opportunity for administra-
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393 
tive review by not later than 10 days after 
the denial. 
(B) TRANSFER.—Not later than 7 days 
after making a certification under subpara-
graph (A)(ii) with respect to an essential work 
employer, the Secretary of the Treasury shall 
make the appropriate transfer to the employer 
of the amount of the grant. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under this section shall use the 
amount of the grant solely for the following pur-
poses: 
(A) Providing premium pay under section 
805(b) to essential workers in accordance with 
the requirements for such payments under such 
section, including providing payments described 
in section 805(f) to the next of kin of essential 
workers in accordance with the requirements 
for such payments under such section. 
(B) Paying employer payroll taxes with re-
spect to premium pay amounts described in 
subparagraph (A), including such payments de-
scribed in section 805(f). 
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394 
Each dollar of a grant received by an essential work 
employer under this title shall be used as provided 
in subparagraph (A) or (B) or returned to the Sec-
retary of the Treasury. 
(2) NO OTHER USES AUTHORIZED.—An essen-
tial work employer who uses any amount of a grant 
for a purpose not required under paragraph (1) shall 
be— 
(A) considered to have misused funds in 
violation of section 805; and 
(B) subject to the enforcement and rem-
edies provided under section 807. 
(3) REFUND.— 
(A) IN
GENERAL.—If an essential work 
employer receives a grant under this section 
and, for any reason, does not provide every dol-
lar of such grant to essential workers in accord-
ance with the requirements of this title, then 
the employer shall refund any such dollars to 
the Secretary of the Treasury not later than 
June 30, 2021. Any amounts returned to the 
Secretary shall be deposited into the Fund and 
be available for any additional grants under this 
section. 
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395 
(B) REQUIREMENT
FOR
NOT
REDUCING 
COMPENSATION.—An essential work employer 
who is required to refund any amount under 
this paragraph shall not reduce or otherwise di-
minish an eligible worker’s compensation or 
benefits in response to or otherwise due to such 
refund. 
(e) RECORDKEEPING.—An essential work employer 
that receives a grant under this section shall— 
(1) maintain records, including payroll records, 
demonstrating how each dollar of funds received 
through the grant were provided to essential work-
ers; and 
(2) provide such records to the Secretary of the 
Treasury or the Secretary of Labor upon the request 
of either such Secretary. 
(f) RECOUPMENT.—In addition to all other enforce-
ment and remedies available under this title or any other 
law, the Secretary of the Treasury shall establish a process 
under which the Secretary shall recoup the amount of any 
grant awarded under subsection (a)(1) if the Secretary de-
termines that the essential work employer receiving the 
grant— 
(1) did not provide all of the dollars of such 
grant to the essential workers of the employer; 
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396 
(2) did not, in fact, have the number of essen-
tial workers certified by the employer in accordance 
with subparagraphs (A) and (B) of subsection 
(b)(1); 
(3) did not pay the essential workers for the 
number of hours the employer claimed to have paid; 
or 
(4) otherwise misused funds or violated this 
title. 
(g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF 
TRIBAL EMPLOYERS.—Essential workers of Tribal em-
ployers who receive funds under title II shall not be eligi-
ble to receive funds from grants under this section. 
(h) TAX TREATMENT.— 
(1) EXCLUSION FROM INCOME.—For purposes 
of the Internal Revenue Code of 1986, any grant re-
ceived by an essential work employer under this sec-
tion shall not be included in the gross income of 
such essential work employer. 
(2) DENIAL OF DOUBLE BENEFIT.— 
(A) IN GENERAL.—In the case of an essen-
tial work employer that receives a grant under 
this section— 
(i) amounts paid under subsections 
(b) or (f) of section 805 shall not be taken 
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kjohnson on DSK79L0C42PROD with BILLS
397 
into account as wages for purposes of sec-
tions 41, 45A, 51, or 1396 of the Internal 
Revenue Code of 1986 or section 2301 of 
the CARES Act (Public Law 116–136); 
and 
(ii) any deduction otherwise allowable 
under such Code for applicable payments 
during any taxable year shall be reduced 
(but not below zero) by the excess (if any) 
of— 
(I) the aggregate amounts of 
grants received under this section; 
over 
(II) the sum of any amount re-
funded under subsection (d) plus the 
aggregate amount of applicable pay-
ments made for all preceding taxable 
years. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means amounts paid as premium 
pay under subsections (b) or (f) of section 805 
and amounts paid for employer payroll taxes 
with respect to such amounts. 
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kjohnson on DSK79L0C42PROD with BILLS
398 
(C) AGGREGATION
RULE.—Rules similar 
to the rules of subsections (a) and (b) of section 
52 of the Internal Revenue Code of 1986 shall 
apply for purposes of this section. 
(3) INFORMATION REPORTING.—The Secretary 
of the Treasury shall submit to the Commissioner of 
Internal Revenue statements containing— 
(A) the name and tax identification num-
ber of each essential work employer receiving a 
grant under this section; 
(B) the amount of such grant; and 
(C) any amounts refunded under sub-
section (d)(3). 
(i) REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
obligating the last dollar of the funds appropriated 
under this title, the Secretary of the Treasury shall 
submit a report, to the Committees of Congress de-
scribed in paragraph (2), that— 
(A) certifies that all funds appropriated 
under this title have been obligated; and 
(B) indicates the number of pending appli-
cations for grants under this section that will 
be rejected due to the lack of funds. 
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399 
(2) COMMITTEES OF CONGRESS.—The Commit-
tees of Congress described in this paragraph are— 
(A) the Committee on Ways and Means of 
the House of Representatives; 
(B) the Committee on Education and 
Labor of the House of Representatives; 
(C) the Committee on Finance of the Sen-
ate; and 
(D) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
SEC. 807. ENFORCEMENT AND OUTREACH. 
(a) DUTIES OF SECRETARY OF LABOR.—The Sec-
retary of Labor shall— 
(1) have authority to enforce the requirements 
of section 805, in accordance with subsections (b) 
through (e); 
(2) conduct outreach as described in subsection 
(f); and 
(3) coordinate with the Secretary of the Treas-
ury as needed to carry out the Secretary of Labor’s 
responsibilities under this section. 
(b) PROHIBITED ACTS, PENALTIES, AND ENFORCE-
MENT.— 
(1) PROHIBITED ACTS.—It shall be unlawful for 
a person to— 
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kjohnson on DSK79L0C42PROD with BILLS
400 
(A) violate any provision of section 805 ap-
plicable to such person; or 
(B) discharge or in any other manner dis-
criminate against any essential worker because 
such essential worker has filed any complaint or 
instituted or caused to be instituted any pro-
ceeding under or related to this title, or has tes-
tified or is about to testify in any such pro-
ceeding. 
(2) ENFORCEMENT AND PENALTIES.— 
(A) PREMIUM PAY VIOLATIONS.—A viola-
tion described in paragraph (1)(A) shall be 
deemed a violation of section 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 207) 
and unpaid amounts required under this section 
shall be treated as unpaid overtime compensa-
tion under such section 7 for the purposes of 
sections 15 and 16 of such Act (29 U.S.C. 215 
and 216). 
(B) DISCHARGE
OR
DISCRIMINATION.—A 
violation of paragraph (1)(B) shall be deemed a 
violation of section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)). 
(c) INVESTIGATION.— 
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401 
(1) IN GENERAL.—To ensure compliance with 
the provisions of section 805, including any regula-
tion or order issued under that section, the Sec-
retary of Labor shall have the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)). For the 
purposes of any investigation provided for in this 
subsection, the Secretary of Labor shall have the 
subpoena authority provided for under section 9 of 
such Act (29 U.S.C. 209). 
(2) STATE AGENCIES.—The Secretary of Labor 
may, for the purpose of carrying out the functions 
and duties under this section, utilize the services of 
State and local agencies in accordance with section 
11(b) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(b)). 
(d) ESSENTIAL WORKER ENFORCEMENT.— 
(1) RIGHT OF ACTION.—An action alleging a 
violation of paragraph (1) or (2) of subsection (b) 
may be maintained against an essential work em-
ployer receiving a grant under section 806 in any 
Federal or State court of competent jurisdiction by 
one or more essential workers or their representative 
for and on behalf of the essential workers, or the es-
sential workers and others similarly situated, in the 
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402 
same manner, and subject to the same remedies (in-
cluding attorney’s fees and costs of the action), as 
an action brought by an employee alleging a viola-
tion of section 7 or 15(a)(3), respectively, of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207, 
215(a)(3)). 
(2) NO WAIVER.—In an action alleging a viola-
tion of paragraph (1) or (2) of subsection (b) 
brought by one or more essential workers or their 
representative for and on behalf of the persons as 
described in paragraph (1), to enforce the rights in 
section 805, no court of competent jurisdiction may 
grant the motion of an essential work employer re-
ceiving a grant under section 806 to compel arbitra-
tion, under chapter 1 of title 9, United States Code, 
or any analogous State arbitration statute, of the 
claims involved. An essential worker’s right to bring 
an action described in paragraph (1) or subsection 
(b)(2)(A) on behalf of similarly situated essential 
workers to enforce such rights may not be subject to 
any private agreement that purports to require the 
essential workers to pursue claims on an individual 
basis. 
(e) RECORDKEEPING.—An essential work employer 
receiving a grant under section 806 shall make, keep, and 
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403 
preserve records pertaining to compliance with section 805 
in accordance with section 11(c) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 211(c)) and in accordance 
with regulations prescribed by the Secretary of Labor. 
(f) OUTREACH AND EDUCATION.—Out of amounts 
appropriated to the Secretary of the Treasury under sec-
tion 805 for a fiscal year, the Secretary of the Treasury 
shall transfer to the Secretary of Labor, $3,000,000, of 
which the Secretary of Labor shall use— 
(1) $2,500,000 for outreach to essential work 
employers and essential workers regarding the pre-
mium pay under section 805; and 
(2) $500,000 to implement an advertising cam-
paign encouraging large essential work employers to 
provide the same premium pay provided for by sec-
tion 805 using the large essential work employers’ 
own funds and without utilizing grants under this 
title. 
(g) CLARIFICATION
OF ENFORCING OFFICIAL.— 
Nothing in the Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(C)) shall be construed to prevent the Secretary 
of Labor from carrying out the authority of the Secretary 
under this section in the case of State employees described 
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kjohnson on DSK79L0C42PROD with BILLS
404 
in section 304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)). 
TITLE 
IX—HEALTH 
IT 
AND 
BRIDGING THE DIGITAL DI-
VIDE IN HEALTH CARE 
SEC. 901. HRSA ASSISTANCE TO HEALTH CENTERS FOR 
PROMOTION OF HEALTH IT. 
The Secretary of Health and Human Services, acting 
through the Administrator of the Health Resources and 
Services Administration, shall expand and intensify the 
programs and activities of the Administration (directly or 
through grants or contracts) to provide technical assist-
ance and resources to health centers (as defined in section 
330(a) of the Public Health Service Act (42 U.S.C. 
254b(a))) to adopt and meaningfully use certified EHR 
technology for the management of chronic diseases and 
health conditions and reduction of health disparities. 
SEC. 902. ASSESSMENT OF IMPACT OF HEALTH IT ON RA-
CIAL AND ETHNIC MINORITY COMMUNITIES; 
OUTREACH AND ADOPTION OF HEALTH IT IN 
SUCH COMMUNITIES. 
(a) NATIONAL COORDINATOR FOR HEALTH INFOR-
MATION TECHNOLOGY.—Not later than 18 months after 
the date of enactment of this Act, the National Coordi-
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405 
nator for Health Information Technology (referred to in 
this section as the ‘‘National Coordinator’’) shall— 
(1) conduct an evaluation of the level of inter-
operability, access, use, and accessibility of electronic 
health records in racial and ethnic minority commu-
nities, focusing on whether patients in such commu-
nities have providers who use electronic health 
records, and the degree to which patients in such 
communities can access, exchange, and use without 
special effort their health information in those elec-
tronic health records, and indicating whether such 
providers— 
(A) are participating in the Medicare pro-
gram under title XVIII of the Social Security 
Act (42 U.S.C. 1395 et seq.) or a State plan 
under title XIX of such Act (42 U.S.C. 1396 et 
seq.) (or a waiver of such plan); 
(B) have received incentive payments or in-
centive payment adjustments under Medicare 
and Medicaid Electronic Health Records Incen-
tive Programs (as defined in subsection (c)(2)); 
(C) are MIPS eligible professionals, as de-
fined in paragraph (1)(C) of section 1848(q) of 
the Social Security Act (42 U.S.C. 1395w– 
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406 
4(q)), for purposes of the Merit-Based Incentive 
Payment System under such section; or 
(D) have been recruited by any of the 
Health Information Technology Regional Ex-
tension Centers established under section 3012 
of the Public Health Service Act (42 U.S.C. 
300jj–32); 
(2) publish the results of such evaluation in-
cluding the race and ethnicity of such providers and 
the populations served by such providers; and 
(3) not later than 12 months after the enact-
ment of this Act, shall promulgate a certification cri-
terion and module of certified EHR technology that 
stratifies quality measures by disparity characteris-
tics, including race, ethnicity, language, gender, gen-
der identity, sexual orientation, socioeconomic sta-
tus, and disability status, as those characteristics 
are defined in certified EHR technology; and reports 
to Centers for Medicare & Medicaid Services the 
quality measures stratified by race and at least two 
other disparity characteristics. 
The term ‘‘quality measures’’ refers to the quality meas-
ures specified in MIPS. 
(b) NATIONAL CENTER FOR HEALTH STATISTICS.— 
As soon as practicable after the date of enactment of this 
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