,,ii #aaith ,,congress #b;d ,session ,s4 #ejag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af1 #bjbf,mr4 ,boozman 7for himself and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to direct the ,secretary of ,labor to carry out a grant program to award grants to ,states to carry out a paid leave program1 to establish the ,interstate ,paid ,leave ,action ,network1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,more ,paid ,leave for ,more ,americans ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,qualifying reason ,the term qualifying reason means1 in relation to an individual1 a reason described in subparagraphs 7,a7 through 7,d7 of section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a77 7applied for purposes of this paragraph as if the individual involved were the employee referred to in such section74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 ,i ,state ,paid ,leave ,public-,private ,partnership #aja4 ,definitions ,in this title3 7#a7 ,average weekly earnings ,the term average weekly earnings1 with respect to an individual1 means the quotient obtained by dividing-- 7,a7 the annual earnings of the individual1 by 7,b7 #eb4 7#b7 ,covered partnership 7,a7 ,in general ,the term covered partnership means-- 7i7 a partnership between a ,state and at least one private entity in which that private entity handles at least one specific function integral to the provision of the paid leave program benefits 7such as the benefit application process or the payment of benefit claims7 as described in section #ajb7;d72 or 7ii7 with respect to a ,state described in subparagraph 7,b71 the ,state and every employer covered by the paid leave program of the ,state4 7,b7 ,certain states ,for purposes of subparagraph 7,a77ii71 a ,state described in this subparagraph is a ,state in which the paid leave program of the ,state-- 7i7 allows employers in the ,state that are covered by the ,state paid leave program to self-administer the payment of paid leave program benefits to eligible employees of the employer2 and 7ii7 requires any such employer that self-administers such payment to-- 7,i7 meet or exceed the requirements of the ,state paid leave program2 and 7,,ii7 provide paid leave program benefits to all employees of the employer who meet the eligibility requirements of the ,state paid leave program4 7#c7 ,earnings ,the term earnings1 with respect to an individual1 means all compensation for employment that is considered under the applicable ,state unemployment compensation law for the purpose of calculating the amount of unemployment compensation for the individual4 7#d7 ,eligible employee ,the term eligible employee means an employee who meets the eligibility requirements of the ,state paid leave program of the ,state in which the employee works4 7#e7 ,eligible ,state paid leave program ,the term eligible ,state paid leave program means a program described in section #ajb7;d74 7#f7 ,employer ,the term employer means an employer covered by the ,state paid leave program of the ,state in which the employer operates4 7#g7 ,,flsa terms ,the terms employ and employee have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#h7 ,state ,the term ,state includes any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands1 ,american ,samoa1 ,guam1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ajb4 ,establishment of the ,state ,paid ,leave ,public-,private ,partnership ,grant ,program 7a7 ,in general ,the ,secretary shall establish and administer a competitive grant program to provide grants to ,states that have enacted a law establishing an eligible paid leave program as described in subsection 7d74 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a ,state shall have enacted a ,state law establishing an eligible ,state paid leave program4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of how the funds will be used1 the working population of the ,state1 the percentage of the ,state's working population that is able to access a paid leave benefit1 and the source of such benefit4 7#b7 ,priority 7,a7 ,in general ,in awarding grants under this section1 the ,secretary shall prioritize ,states-- 7i7 that1 as of the date of enactment of this ,act1 did not already have established a paid leave benefits program2 7ii7 that participate in the ,interstate ,paid ,leave ,action ,network established by section #bjb7;a72 7iii7 that provide paid leave benefits for the reasons described in subparagraphs 7,a7 and 7,b7 of section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a772 7iv7 that indicate in the application submitted under paragraph 7#a7 that the covered partnership will use software that is a commercially available off-the-shelf item 7as defined in part #b4aja of the ,federal ,acquisition ,regulation7 to administer benefits that will produce cost-savings for the ,state2 7v7 that have1 relative to other ,states that have submitted an application in a given year1 a lower percentage of the working population of the ,state that have access to a paid leave benefit at the time of the submission of the application2 7vi7 that demonstrate in the application that the ,state has a plan to implement a financing mechanism that does not have long-term reliance on ,federal funding2 or 7vii7 that demonstrate in the application how the ,state paid leave program serves low-income populations4 7,b7 ,consideration prohibition ,the ,secretary may not consider whether a ,state provides benefits in excess of those required under subsection 7d7 when deciding which ,states shall receive a grant under this title4 7d7 ,paid leave program requirements 7#a7 ,program requirements ,an eligible ,state paid leave program shall1 at a minimum-- 7,a7 provide1 through a covered partnership1 not less than #f weeks of paid leave benefit to eligible employees in a #ab month period for at least one qualifying reason2 7,b7 annually establish a weekly maximum benefit amount that is equal to #aej percent of the ,state's average weekly wage 7based on the most recent calendar year for which data is available from the ,quarterly ,census of ,employment and ,wages program of the ,bureau of ,labor ,statistics72 7,c7 require the establishment and use of a covered partnership2 7,d7 establish premium rates or a financing method to fund the paid leave program for employees1 employers1 or both to pay2 7,e7 establish criteria for an individual to be classified as an employee for purposes of such program that would include1 at minimum1 any eligible employee1 as such term is defined in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa72 and 7,f7 establish criteria for a person to be classified as an employer for purposes of such program that would include1 at minimum1 any person described in clause 7i7 or 7ii7 of section #aja7;,a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7;,a774 7#b7 ,paid leave benefit ,a paid leave benefit under paragraph 7#a7 that is provided to an eligible employee shall1 at a minimum1 include weekly compensation in an amount 7not to exceed the amount described in paragraph 7#a77;,b77 equal to the product of the average weekly earnings of the eligible employee and-- 7,a7 in the case of an eligible employee whose earnings for the #d most recently completed calendar quarters that immediately precede the paid leave benefit request are less than or equal to the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb77 applicable to a #d-person household1 not less than #fg percent2 7,b7 in the case of an eligible employee whose earnings for such calendar quarters are more than such poverty line1 but less than the amount that is double such poverty line1 a percentage not less than-- 7i7 #fg percent1 minus 7ii7 the product of-- 7,i7 #ag percent2 and 7,,ii7 the percentage by which the employee's earnings exceed such poverty line2 or 7,c7 in the case of any other eligible employee1 #ej percent4 7#c7 ,recalculation of benefit amount ,the weekly compensation calculated under paragraph 7#b7 for an eligible employee shall be recalculated each time such employee applies for a paid leave benefit4 7#d7 ,employees with multiple employers ,an eligible ,state paid leave program shall provide that1 in the case that an employee is employed by multiple employers1 such an employee shall be entitled to receive a paid leave benefit from each employer1 but the employee may not receive a total combined weekly benefit in excess of the maximum benefit amount established by the ,state pursuant to paragraph 7#a77;,b74 7#e7 ,employer self-administration flexibility ,an eligible ,state paid leave program shall1 in the case that the program includes a requirement for employer participation1 provide that the employer may self-administer paid leave benefits to eligible employees if such benefits meet or exceed the benefits available under the eligible ,state paid leave program of such ,state4 7#f7 ,rule of construction ,nothing in this subsection shall be construed to limit the ability of a ,state to provide additional paid leave benefits in excess of the benefits required to be provided under this subsection1 including-- 7,a7 benefits for reasons other than the reasons described in subparagraphs 7,a7 through 7,d7 of section #ajb7;a77#a7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab7;a77#a772 7,b7 benefits in amounts in excess of amounts provided under this subsection2 or 7,c7 benefits for individuals other than eligible employees4 7e7 ,use of ,funds ,grants awarded under this section may be used by ,states for the following purposes3 7#a7 ,start up costs for the implementation of the eligible ,state paid leave program4 7#b7 ,to pay out benefits to eligible employees1 but only for a qualifying reason4 7#c7 ,to fund the covered partnership4 7#d7 ,paid leave program design4 7#e7 ,purchasing and maintaining any necessary software4 7#f7 ,establishing a covered partnership4 7#g7 ,obtaining technical assistance for the ,state or the covered partnership to carry out the eligible ,state paid leave program4 7#h7 ,outreach to employers1 payroll providers1 relevant professional or trade associations1 and the general public to increase awareness of the ,state's eligible ,state paid leave program and to convey relevant information such as program eligibility1 funding requirements1 benefit information1 the application process1 and any other information the ,state determines relevant4 7#i7 ,other activities to disseminate information about1 and otherwise support1 the accessibility of the ,state's eligible ,state paid leave program1 including the operation and maintenance of a program website1 running a call center1 and sending marketing materials on the ,state's covered partnership to the groups described in paragraph 7#h74 7#aj7 ,research to inform the establishment and operation of the ,state's eligible ,state paid leave program1 including program evaluations1 and the dissemination of such research to the public4 7#aa7 ,to evaluate existing programs and models4 7#ab7 ,to reduce administrative burdens on employers in the ,state4 7f7 ,grant amounts 7#a7 ,in general ,in determining the amount of a grant to be provided to a ,state1 the ,secretary shall consider-- 7,a7 the size of the working population of the ,state relative to the size of the working population of the other ,states that are receiving a grant2 7,b7 the birth rate of the ,state relative to the other such ,states2 7,c7 the share of low-income individuals in the ,state2 and 7,d7 the demonstrated need of a ,state in the grant application4 7#b7 ,limits ,a grant provided under this section may not be less than #a1ejj1jjj and may not be more than #g1jjj1jjj4 #ajc4 ,oversight 7a7 ,report ,not later than #a year after a ,state receives a grant under this title1 and on an annual basis thereafter1 the ,state shall submit to the ,secretary1 and make publicly available1 a report on-- 7#a7 how the ,state has used the grant funds2 and 7#b7 the number of individuals in the ,state that have used paid leave benefits as a result of the grant program described in section #ajb4 7b7 ,annual report ,the ,secretary shall1 on an annual basis beginning on the date that is #a year after the date the ,secretary receives the first report under subsection 7a71 submit a report to the appropriate committees on the progress of ,states establishing paid leave programs1 the modification of existing paid leave programs1 and any changes in the levels of access workers have to paid leave benefits in each ,state that receives a grant under section #ajb4 7c7 ,audit required ,not later than #a year after a ,state receives a grant under section #ajb1 and on an annual basis thereafter1 the ,inspector ,general of the ,department of ,labor shall conduct audits on ,states that received such a grant to determine whether such ,states-- 7#a7 are using the grant funds in compliance with the requirements described in section #ajb7;e72 and 7#b7 are engaging in any waste1 fraud1 or abuse4 7d7 ,appropriate committees defined ,in this section1 the term appropriate committees means-- 7#a7 the ,committee on ,education and ,workforce1 the ,committee on ,ways and ,means1 and the ,committee on ,appropriations of the ,house of ,representatives2 and 7#b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,finance1 and the ,committee on ,appropriations of the ,senate4 #ajd4 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this title for each of fiscal years #bjbg through #bjbi4 ,,ii ,i-,,plan #bja4 ,definitions ,in this title3 7#a7 ,,bls ,the term ,,bls means the ,bureau of ,labor ,statistics4 7#b7 ,employer paid leave benefits program ,the term employer paid leave benefits program means a program that-- 7,a7 is provided by an employer to the employees of such employer 7whether directly1 under a contract with an insurer1 or provided through a multiemployer plan72 7,b7 is an option for an employer within the structure of a ,state paid leave benefits program in such ,state2 and 7,c7 meets or exceeds the requirements of the ,state paid leave benefits program of the ,state in which such employee is employed4 7#c7 ,i-,,plan ,the term ,i-,,plan means the ,interstate ,paid ,leave ,action ,network established in section #bjb7;a74 7#d7 ,i-,,plan agreement ,the term ,i-,,plan ,agreement means the interstate agreement produced pursuant to section #bjb7;b74 7#e7 ,national intermediary ,the term national intermediary means a national nongovernmental workforce organization that has extensive experience partnering with the ,department of ,labor to operate interstate technological systems and the electronic transmission of information and data for ,state workforce agencies and employers4 7#f7 ,paid leave ,the term paid leave means an increment of compensated leave that is provided1 in the case of a ,state paid leave benefits program1 by such ,state or1 in the case of an employer plan paid leave benefits program1 by such employer for use during a period in which such individual is not working due to a qualifying reason4 7#g7 ,state focal ,the term ,state focal means1 with respect to a ,state1 an individual-- 7,a7 designated by the ,state agency in charge of such ,state's paid leave benefits program to-- 7i7 participate in the ,i-,,plan2 7ii7 lead such ,state's efforts to adopt and implement the ,i-,,plan ,agreement2 and 7iii7 communicate with key paid leave stakeholders across the ,state2 and 7,b7 who-- 7i7 is employed by such ,state's paid leave benefits program2 and 7ii7 has knowledge1 experience1 and authority in paid leave matters4 7#h7 ,state paid leave benefits program ,the ,state paid leave benefits program means a program under ,state law that provides1 during any #bd-month period1 a total of not less than #f weeks of paid leave to individuals-- 7,a7 for each qualifying reason2 and 7,b7 in aggregate4 #bjb4 ,interstate ,paid ,leave ,action ,network 7a7 ,in general 7#a7 ,establishment ,there is established an ,interstate ,paid ,leave ,action ,network1 the purpose of which is to provide support and incentives for the development and adoption of an interstate agreement in accordance with this title to benefit employees1 ,states1 and employers by-- 7,a7 facilitating streamlined benefit delivery2 7,b7 reducing administrative burden2 and 7,c7 coordinating and harmonizing ,state programs4 7#b7 ,membership ,the ,i-,,plan shall include a ,state focal from each ,state receiving a conforming grant under section #bjd7;a74 7#c7 ,meetings ,the ,i-,,plan shall meet not less than #c times in each calendar year4 7#d7 ,processes 7,a7 ,certification ,states shall certify to the ,secretary their participation in the ,i-,,plan4 7,b7 ,procedures ,state focals may determine1 in coordination with the ,secretary1 the process for each of the following3 7i7 ,the order in which ,states approach the substance of each ,i-,,plan requirement4 7ii7 ,the process by which ,states reach consensus on such substance and agree to the ,i-,,plan ,agreement4 7iii7 ,the process by which a ,state may leave the ,i-,,plan4 7iv7 ,other processes relevant to the success and administration of the ,i-,,plan as the ,secretary determines4 7#e7 ,roadmap ,the ,i-,,plan shall develop1 and annually update1 a roadmap for developing and implementing the interstate agreement described in subsection 7b71 including metrics for success4 7b7 ,duties ,the duty of the ,i-,,plan shall be to produce an interstate agreement into which ,states offering a ,state paid leave benefits program may enter and to periodically update such agreement as necessary to improve clarity and scope4 ,such agreement shall be publicly available and pursue each of the following requirements3 7#a7 ,policy standard ,create a single policy standard with respect to all participating ,states to facilitate easier compliance with and understanding of paid leave programs across ,states1 including definitions for the following3 7,a7 ,benefit day1 week1 and year4 7,b7 ,base period4 7,c7 ,intermittent and reduced schedule leave4 7,d7 ,place of performance4 7,e7 ,family members4 7,f7 ,employee eligibility4 7,g7 ,employee coverage4 7,h7 ,waiting period4 7,i7 ,covered wage4 7#b7 ,administrative standard ,create a single administrative standard with respect to all participating ,states to facilitate easier compliance with and understanding of paid leave programs across ,states1 including-- 7,a7 the process by which employers respond to requests from ,states to verify and provide employee information for eligibility determinations1 including wages and work history2 7,b7 the process by which employers provide periodic and permanent notice of the availability of paid leave under a ,state paid leave benefits program or employer paid leave benefits program to employees2 7,c7 employees' responsibility to provide notices of leave to their employers2 7,d7 timing of and process for collecting payroll contributions2 7,e7 coordinating with other types of paid time off and leaves of absence2 7,f7 continuing other benefits2 7,g7 accessing employee leave information2 7,h7 protecting personal information2 7,i7 creating and updating written leave materials such as handbooks2 7,j7 maintaining records and documentation2 and 7,k7 if a ,state program permits employers to elect to provide employer paid leave benefits programs1 facilitating such election1 including by creating a single equivalency standard with respect to all participating ,states to determine whether the maximum monetary value of an employer paid leave benefits program for the average weekly wage of workers in the ,state for total covered establishments in all industries 7based on the most recent calendar year for which data are available from the ,quarterly ,census of ,employment and ,wages program of the ,,bls7 is greater than or equal to the maximum monetary value of a ,state program 7or that of multiple ,states71 taking into account programmatic elements such as-- 7i7 how benefit duration1 wage replacement1 absence of a weekly benefit cap1 absence of a waiting week1 and other factors interact in a quantitative manner2 and 7ii7 how an individual taking paid leave for a qualifying reason affects the ability of such individual to take paid leave for another qualifying reason4 7#c7 ,coordination of benefits across ,state programs ,create a single process for ,state programs to process claims for an individual who has work history across multiple participating ,states so that a single ,state program may provide benefits to such individual on the basis of all such work history4 #bjc4 ,national intermediary to support the ,interstate ,paid ,leave ,action ,network 7a7 ,authority ,to make grants ,subject to the availability of appropriations under section #bje7;a71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall award a grant to one national intermediary to facilitate the activities of the ,i-,,plan4 7b7 ,use of funds ,a national intermediary awarded a grant under subsection 7a7 shall use funds for the costs related to each of the following3 7#a7 ,meetings ,meeting activities1 including-- 7,a7 convening the ,state focals as described in section #bjb7;a77#c71 including reasonable travel1 transportation1 and other expenses of ,state focals and staff of the national intermediary 7and any necessary accompanying ,state personnel72 7,b7 making publicly available information on the agendas and outcomes of such meetings2 and 7,c7 7i7 not later than #ab months after the date of enactment of this title1 making publicly available the roadmap described under section #bjb7;a77#e72 and 7ii7 making any updates to such roadmap publicly available4 7#b7 ,annual report ,producing and making publicly available on an annual basis a report that compares ,state programs1 including information on-- 7,a7 benefit eligibility2 7,b7 the maximum number of weeks an eligible employee is allowed to receive benefits-- 7i7 for each qualifying reason2 and 7ii7 in aggregate2 7,c7 wage replacement rate and how that may vary based on prior earnings2 7,d7 maximum weekly benefit amount2 7,e7 how such programs are financed by employees and employers1 including the payroll tax rate and amount of wages subject to tax2 7,f7 whether and how such programs allow employers to provide employer paid leave benefits programs1 taking into consideration elements such as-- 7i7 benefit payment timeliness2 and 7ii7 employer and employee administrative complexity2 7,g7 whether and how such programs coordinate with other types of paid-time off and leaves of absence2 7,h7 the reasons1 including qualifying reasons1 under which an individual is eligible to take paid leave2 and 7,i7 other activities essential for the success1 effectiveness1 and sustainability of the ,i-,,plan4 7#c7 ,outreach and coordination ,engagement1 consulting1 and gathering relevant information in coordination with ,i-,,plan ,states from a wide range of external stakeholders1 including-- 7,a7 ,state legislatures2 7,b7 ,governors2 7,c7 employees2 7,d7 representatives of employers1 including-- 7i7 employers with employees in multiple ,states2 and 7ii7 employers with fewer than #ej employees2 7,e7 self-employed individuals2 7,f7 policy experts and other organizations with expertise on paid leave and unemployment compensation programs2 and 7,g7 ,tribal governments4 7#d7 ,standardized and interoperable technology system for wages ,providing a standardized technology-based system to facilitate ,states' ability to carry out the ,i-,,plan ,agreement1 allowing ,states to process interstate claims and strengthen program integrity1 that-- 7,a7 adopts or leverages modular technology that-- 7i7 ensures privacy1 security1 and prompt data availability2 7ii7 enhances and streamlines the claimant1 employer1 and participating ,state experience2 and 7iii7 is interoperable with other relevant ,state systems2 and 7,b7 permits ,states to report on1 to the extent reasonable and technologically feasible1 and disaggregated by qualifying reason1 on trends such as-- 7i7 the number of initial and continued benefit claims2 7ii7 average duration of benefits2 7iii7 average weekly benefit amount2 7iv7 average time between filing a claim and receiving an initial benefit payment2 and 7v7 the accuracy of benefit payment amounts4 7#e7 ,additional uses ,additional activities1 including-- 7,a7 hiring and compensating staff2 7,b7 formulating guidance1 recommendations1 and best practices for ,states2 7,c7 providing training on program administration2 7,d7 providing technical assistance to ,states2 and 7,e7 creating or leveraging technology essential for the success and effectiveness of the ,i-,,plan4 7c7 ,duration of award ,subject to subsection 7d77#d71 the period during which payments are made to an entity from an award of a grant under subsection 7a7 shall be #e years4 7d7 ,national intermediary oversight ,the ,secretary shall-- 7#a7 monitor the national intermediary to ensure compliance with the requirements of this title2 7#b7 provide technical assistance to assist the national intermediary with such compliance2 7#c7 require regular reports on the performance of the national intermediary1 including on the roadmap under section #bjb7;a77#e71 the use of funds under section #bjc7;b71 and other methods of evaluation2 and 7#d7 annually evaluate whether the national intermediary is complying with the requirements of this title and1 if the ,secretary determines that the national intermediary is not so complying1 withhold any payment or part of the payment to the national intermediary under this section for the following fiscal year unless and until the ,secretary determines the national intermediary has remedied such compliance issue4 #bjd4 ,grants to eligible ,states 7a7 ,conforming grants 7#a7 ,in general 7,a7 ,authority to make grants ,subject to the availability of appropriations under section #bje7;b71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall1 on an annual basis1 make a conforming grant to each eligible ,state4 7,b7 ,amount of grant 7i7 ,in general ,a grant to an eligible ,state under this subsection shall be-- 7,i7 not less than #a1ejj1jjj and not more than #h1jjj1jjj2 and 7,,ii7 subject to subclause 7,i71 awarded on the basis of the relative annual level of employment 7as published by the ,current ,employment ,statistics program of the ,,bls7 of the eligible ,state1 compared to the annual level of employment in all eligible ,states4 7ii7 ,adjustment ,the amounts specified in clause 7i7 shall be ratably increased or decreased to the extent that funds available under section #bje7;b7 exceed or are less than 7respectively7 the amount required to provide the amounts specified in clause 7i74 7#b7 ,eligible ,states 7,a7 ,in general ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall-- 7i7 have a ,state focal2 and 7ii7 participate in the ,i-,,plan in good faith4 7,b7 ,good faith requirement 7i7 ,withholding ,if the ,secretary1 in consultation with the national intermediary awarded the grant under section #bjc7;a71 determines that a ,state is not participating in the ,i-,,plan in good faith1 the ,secretary-- 7,i7 shall provide warning and feedback to ,states in a prompt manner2 and 7,,ii7 if1 #ahj days after the date on which the ,secretary provides such warning and feedback1 the ,secretary determines such ,state continues not to participate in the ,i-,,plan in good faith1 the ,secretary may elect to withhold a portion or the total amount of a grant under paragraph 7#a7 to such ,state4 7ii7 ,restoration ,if the ,secretary elects to withhold an amount from a ,state under clause 7i77,,ii71 the ,secretary may later elect to provide the amount so withheld to such ,state if the ,secretary later determines that such ,state is participating in good faith4 7b7 ,implementation grants 7#a7 ,in general 7,a7 ,authority to make grants ,subject to the availability of appropriations under section #bje7;c71 the ,secretary1 acting through the ,employment and ,training ,administration1 shall1 on an annual basis1 make an implementation grant to each eligible ,state4 7,b7 ,amount of grant 7i7 ,in general ,a grant to an eligible ,state under this subsection shall be-- 7,i7 not less than #a1ejj1jjj and not more than #h1jjj1jjj2 and 7,,ii7 subject to subclause 7,i71 awarded on the basis of the relative annual level of employment 7as published by ,current ,employment ,statistics program of the ,,bls7 of the eligible ,state1 compared to the annual level of employment in all eligible ,states4 7ii7 ,adjustment ,the amounts specified in clause 7i7 shall be ratably increased or decreased to the extent that funds available under section #bje7;c7 exceed or are less than 7respectively7 the amount required to provide the amounts specified in clause 7i74 7#b7 ,eligibility 7,a7 ,in general ,subject to subparagraph 7,b71 to be eligible to receive a grant under paragraph 7#a71 a ,state shall-- 7i7 meet the requirements of subsection 7a77#b77;,a72 and 7ii7 have entered into the ,i-,,plan ,agreement4 7,b7 ,limitation ,a ,state described in subparagraph 7,a7 shall be ineligible to receive a grant for any fiscal year beginning after the date that is #d years after the date on which such ,state enters into the ,i-,,plan ,agreement in which such ,state does not meet the requirements of such ,agreement4 7c7 ,use of funds ,a ,state may use grants received under this section-- 7#a7 to help pay administrative costs1 including costs related to-- 7,a7 customer service2 7,b7 staffing and training2 7,c7 technology2 7,d7 data sharing2 7,e7 identity validation2 and 7,f7 program awareness2 and 7#b7 to help small businesses1 as defined by the ,state1 afford employer payroll contributions or access other forms of technical and operational assistance related to ,state paid leave4 #bje4 ,authorization of appropriations 7a7 ,national intermediary grant ,there are authorized to be appropriated such sums as may be necessary for the purposes of section #bjc for each of fiscal years #bjbg through #bjbi4 7b7 ,conforming grants ,there are authorized to be appropriated such sums as may be necessary for the purposes of section #bjd7;a7 for each of fiscal years #bjbg through #bjbi4 7c7 ,implementation grants ,there are authorized to be appropriated such sums as may be necessary for the purposes of section #bjd7;b7 for each of fiscal years #bjbg through #bjbi4