(a)
In general— Notwithstanding any other provision of law, a State or Tribal entity may use unexpended COVID–19 relief funds distributed to the State or Tribal entity in order to pay, on behalf of an employer operating in the State or on land under the jurisdiction of the Tribal entity, any fine imposed on the employer for violating the emergency temporary standard issued by the Department of Labor relating to “COVID–19 Vaccination and Testing; Emergency Temporary Standard” (86 Fed. Reg. 61402 (November 5, 2021)), or any final rule issued with respect to such emergency temporary standard.
(b)
Definitions— In this section:
(1)
COVID–19 relief funds— The term COVID–19 relief funds means amounts appropriated by the Federal Government for COVID–19 response or relief, including such amounts appropriated under—
(A)
the CARES Act (Public Law 116–136);
(B)
the Consolidated Appropriations Act, 2021 (Public Law 116–260); or
(C)
the American Rescue Plan Act of 2021 (Public Law 117–2).
(2)
Employer— The term employer has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (
29 U.S.C. 652).
(3)
State— The term State means each of the 50 States, the District of Columbia, and any territory of the United States.