Grants to eligible States

(a) Conforming grants (1) In general (A) Authority to make grants Subject to the availability of appropriations under section 6(b), the Secretary, acting through the Employment and Training Administration, shall, on an annual basis, make a conforming grant to each eligible State. (B) Amount of grant (i) In general A grant to an eligible State under this subsection shall be— (I) not less than $1,500,000 and not more than $8,000,000; and (II) subject to subclause (I), awarded on the basis of the relative annual level of employment (as published by the Current Employment Statistics program of the BLS) of the eligible State, compared to the annual level of employment in all eligible States. (ii) Adjustment The amounts specified in clause (i) shall be ratably increased or decreased to the extent that funds available under section 6(b) exceed or are less than (respectively) the amount required to provide the amounts specified in clause (i). (2) Eligible States (A) In general To be eligible to receive a grant under paragraph (1), a State shall— (i) have a State focal; and (ii) participate in the I–PLAN in good faith. (B) Good faith requirement (i) Withholding If the Secretary, in consultation with the national intermediary awarded the grant under section 4(a), determines that a State is not participating in the I–PLAN in good faith, the Secretary— (I) shall provide warning and feedback to States in a prompt manner; and (II) if, six months after the date on which the Secretary provides such warning and feedback, the Secretary determines such State continues not to participate in the I–PLAN in good faith, the Secretary may elect to withhold a portion or the total amount of a grant under paragraph (1) to such State. (ii) Restoration If the Secretary elects to withhold an amount from a State under clause (i)(II), 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 faith. (b) Implementation grants (1) In general (A) Authority to make grants Subject to the availability of appropriations under section 6(c), the Secretary, acting through the Employment and Training Administration, shall, on an annual basis, make an implementation grant to each eligible State. (B) Amount of grant (i) In general A grant to an eligible State under this subsection shall be— (I) not less than $1,500,000 and not more than $8,000,000; and (II) subject to subclause (I), awarded on the basis of the relative annual level of employment (as published by Current Employment Statistics program of the BLS) of the eligible State, compared to the annual level of employment in all eligible States. (ii) Adjustment The amounts specified in clause (i) shall be ratably increased or decreased to the extent that funds available under section 6(c) exceed or are less than (respectively) the amount required to provide the amounts specified in clause (i). (2) Eligibility (A) In general Subject to subparagraph (B), to be eligible to receive a grant under paragraph (1), a State shall— (i) meet the requirements of subsection (a)(2)(A); and (ii) have entered into the I–PLAN Agreement. (B) Limitation A State described in subparagraph (A) shall be ineligible to receive a grant for any fiscal year beginning after the date that is 4 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 Agreement. (c) Use of funds A State may use grants received under this section— (1) to help pay administrative costs, including costs related to— (A) customer service; (B) staffing and training; (C) technology; (D) data sharing; (E) identity validation; and (F) program awareness; and (2) to help small businesses, as defined by the State, afford employer payroll contributions or access other forms of technical and operational assistance related to State paid family and medical leave.