(i) by striking “and” at the end of item (aa); and

(ii) by adding at the end the following:

(i) by amending item (bb) to read as follows:

(ii) by striking “and” at the end of item (cc); and

(iii) by striking item (dd); and

(iv) by adding at the end the following:

(i) by inserting “and expand” after “support”; and

(ii) by striking “enter or retain employment” and inserting “enter in, retain, or progress in employment”;

(i) by inserting “and equitable” after “effective”; and

(ii) by inserting “, including individuals with barriers to employment” after “system”;

(i) by inserting “affiliated sites,” after “partners,”; and

(ii) by striking “services and supportive” and inserting “services, career services, and supportive”; and

“(B) local boards and one-stop centers on effective outreach and enhanced services to businesses, joint labor-management partnerships, industry associations, and industry or sector partnerships, to provide employment and training activities reflective of regional economic priorities and the skill and competency needs of in-demand industry sectors and occupations;”; and

“(B) accelerate—

“(C) strengthen the professional development of providers and workforce professionals, ensuring professional development activities include—

“(A) a summary and conclusions of analysis conducted of the economic conditions in the State using labor market information, including—

“(B) a summary and conclusions of analysis conducted of the current workforce using labor market information, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment, in the State;

“(C) an analysis of the workforce development activities (including supportive services, career services, education, and training) in the State, in coordination with the Perkins-eligible agency in the State, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State, including—

“(D) a description of—

“(E) a description of strategies the State intends to adopt to achieve the vision and each goal described in subparagraph (D) through—

“(A) IN GENERAL.—The Governor and State board shall—

“(B) PUBLIC COMMENT.—

(I) in clause (iv), by striking “colleges and area career and technical education schools” and inserting “colleges, secondary schools and area career and technical education schools, and adult education providers under title II”;

(II) in clause (v), by striking “and” at the end;

(III) by amending clause (vi) to read as follows:

(IV) by adding at the end the following:

(I) in clause (i)(II), by striking “local boards and chief elected officials in determining the planning regions” and inserting “State economic development agency to support alignment to the extent practicable, local boards and chief elected officials in determining the planning regions and work of such regions”; and

(II) in clause (ii)—

(I) in clause (iii)—

(II) by striking “and” at the end of clause (ix);

(III) in clause (x), by striking the period at the end and inserting a semicolon; and

(IV) by adding at the end the following:

“(ii) after consultation with the State economic development agency, chief elected officials, and local boards, and consideration of comments received through the public comment process as described in section 102(b)(2)(E)(iii)(II).”;

(i) in clause (ii), by striking “and” at the end;

(ii) in clause (iii)—

(iii) by adding at the end the following:

“(C) CONSULTATIONS.—The State economic development agency, chief elected officials, and local boards shall provide such consultations as requested by the Governor in a timely manner.”;

“(A) was designated as a local area for purposes of this Act for the 2-year period preceding the date of enactment of the Workforce Innovation and Opportunity Act of 2022;

“(B) performed successfully; and

“(C) sustained fiscal integrity.”; and

(i) in the matter preceding clause (i), by striking “20” and inserting “30”; and

(ii) in clause (iv)—

“(F) the members of each local board shall represent diverse demographic populations of the local area.”;

“(iv) A standing committee to provide information to assist with planning, operational, and other issues relating to the provision of adult education services, which shall include providers of adult education carried out under title II of this Act.

“(v) A standing committee to provide information related to work-based learning opportunities, which shall include a representative from a provider of work-based learning, including a provider of related instruction under an apprenticeship.

“(vi) A standing committee, which shall include representatives of workers and their communities (including labor and community-based organizations), to provide information to assist with responding to rapid changes in the economy such as—

“(C) to ensure that workforce investment activities meet the skilled workforce needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers, including by developing and implementing proven or promising strategies for—

“(i) providing physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and

“(ii) identifying and implementing strategies to assure service delivery is accessible to all eligible individuals, including individuals with barriers to employment; and”;

“(A) identifying and integrating new digital technologies into business services, career navigation, and employment and training activities, and working with the State to offer services virtually or through in-person service delivery strategies that are augmented through the use of technology;

“(B) facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local area, including through coordination and collaboration with one-stop partner programs to support coenrollment of programs, as applicable;

“(C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery, and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills, assessments of skills and competencies, and prior learning assessments assisted through the use of technology; and

“(D) leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment.”;

“(A) the expanded use of digital technology and tools for augmenting and improving the delivery of services to participants and employers;

“(B) the implementation of evidence-based strategies, such as career pathways and sector initiatives, and trauma-informed and gender-responsive counseling for meeting the needs of individuals with barriers to employment; and

“(C) how to improve and ensure equitable service delivery and outcomes for individuals who have been historically underserved, marginalized, and adversely affected as a result of race, ethnicity, or gender, including training on customer-centered service delivery, gender and racial bias, cultural competence, occupational stereotyping, and strategies for increasing participant and worker voice.”.

“(iii) projected industries or sectors within the local area expected to decline or face significant changes in employment opportunities;”;

“(i) programs of study authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);

“(ii) title II (relating to adult education and family literacy activities), including a description of how the local board will carry out, consistent with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232, the review of local applications submitted under title II;

“(iii) title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.); and

“(iv) apprenticeship programs; and

“(v) improve the ability of individuals to make informed decisions about career pathways and training services, employment opportunities and job quality, and workplace rights and responsibilities; and”; and

(I) by amending clause (i) to read as follows:

(II) in clause (iii), by inserting before the period at the end the following: “, unless such participants are enrolled in services under title II”; and

(III) by striking clause (iv);

“(B) ADDITIONAL INDICATORS.—

“(iii) IDENTIFICATION IN STATE PLAN.—The Secretary of Labor in conjunction with the Secretary of Education shall—

(I) in subclause (II)(bb)—

(II) by amending subclause (III) to read as follows:

“(viii) STATISTICAL ADJUSTMENT MODEL.—The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall—

“(L) information on earnings of participants 4 quarters prior to receiving career and training services and, to the extent data is available, in years 2 and 3 after exit from career and training services;”;

“(A) STATE PERFORMANCE REPORTS.—The Secretary of Labor and the Secretary of Education shall annually make available the performance reports for States containing the information described in paragraph (2), which shall include making such reports available—

“(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER PERFORMANCE REPORTS.—The State shall, on an annual basis, make available the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4), which shall include making such reports available in each of the formats described in clauses (i) through (iii) of subparagraph (A).”; and

“(A) identify and quantify any disparities or gaps in performance on such levels of performance for each such indicator between—

“(B) include a quantifiable description of the progress that individuals with barriers to employment have made in meeting such levels of performance.

“(A) by industry sector; and

“(B) by each subpopulation of individuals with barriers to employment (as defined in section 3).

(i) by inserting “and” at the end of clause (xi);

(ii) by striking clause (xii); and

(iii) by redesignating clause (xiii) as clause (xii); and

“(vii) employment and training programs carried out by the Economic Development Administration; and”.

“(II) funding of physical and virtual infrastructure costs of one-stop centers in accordance with subsection (h)(3), if funding received by the local area under subsection (h)(2) is insufficient to cover such costs;”; and

(i) by amending clause (i) to read as follows:

(ii) in clause (v), by striking “and” after the semicolon;

(iii) by redesignating clause (vi) as clause (vii);

(iv) by inserting after clause (v) the following:

(v) in clause (vii), as so redesignated, by inserting “or joint labor-management” after “a labor”;

“(A) shall include managing the physical and virtual infrastructure and operations of the one-stop system in the local area, and facilitating coordination among the partners in the one-stop system; and

“(B) may include the provision of direct services to job seekers and employers.

“(A) IN GENERAL.—From the funds provided under paragraph (1), the Governor shall allocate the funds to local areas in accordance with the formula established under subparagraph (B) for the purposes of paying the costs of infrastructure of one-stop centers.

“(B) ALLOCATION FORMULA.—The State board shall develop a formula to be used by the Governor to allocate the funds provided under paragraph (1) to local areas. The formula shall be based on factors including the number of one-stop centers in a local area, the intensity of services provided by such centers, the population served by such centers, the services provided by such centers, and other factors relating to the performance of such centers that the State board determines are appropriate.

“(C) COSTS OF INFRASTRUCTURE.—In this subsection, the term “costs of infrastructure”, used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the general operation of the one-stop center (whether for in-person or virtual service delivery), including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center’s planning and outreach activities.

“(A) IN GENERAL.—In the case of a local area for which funds allocated under paragraph (2) are insufficient to cover the total costs of infrastructure of one-stop centers in such local area, the local board, chief elected officials, and one-stop partners described in subsection (b)(1) in such local area may fund such costs through methods agreed on by the local board, chief elected officials, and one-stop partners (and described in the memorandum of understanding described in subsection (c)).

“(B) GUIDANCE FOR INFRASTRUCTURE FUNDING.—The Governor, after consultation with chief elected officials, local boards, and the State board, and consistent with the guidance and policies provided by the State board under subparagraphs (B) and (C)(i) of section 101(d)(7), shall provide, for the use of local areas under subparagraph (A)—

(i) by striking “The need to ensure” and inserting “Ensuring”; and

(ii) by inserting “and online learning platforms” after “technology”;

“(D) (i) With respect to each training program of each such provider—

(i) by amending clause (i) to read as follows:

(ii) in clause (ii), by striking “one-stop centers” and inserting “local boards”;

“(A) PROVIDERS OF TRAINING SERVICES.—The information ”

“(B) STATES.—The State shall make available on a publicly accessible website and in a manner that does not reveal personally identifiable information—

(i) by striking “section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act” and inserting “section 122, as in effect on the date before the date of enactment of the Workforce Innovation and Opportunity Act of 2022”; and

(ii) by inserting at the end the following: “A Governor shall make an eligibility determination under this paragraph with respect to a provider not later than 60 days after receipt of an application for such a determination from such provider.”;

(i) in clause (i), by striking “a factor” and inserting “the levels of performance achieved”;

(ii) in clause (iii), by striking “and” at the end;

(iii) in clause (iv), by striking the period at the end and inserting “; and”; and

(iv) by adding at the end the following:

“(i) shall have such eligibility terminated for a period of 1 year upon a determination by an individual or entity specified in the procedures, that such provider—

“(ii) may have such eligibility terminated as a result of offering a program for a period of less than 2 years—

“(A) An evaluation of the performance of the eligible youth served by the local area with respect to State determined and local levels of performance established pursuant to section 116.

“(B) A description of how youth workforce investment activities offered by the local area are—

“(C) An identification of successful models of youth workforce investment activities.

“(D) A description of the progress during the most recent 2 program years covered by the local plan of the local area toward implementation of equal access to high-quality youth workforce investment activities, including—

“(A) representatives of local educational agencies, including representatives of career and technical education programs;

“(B) eligible providers of training services, including eligible providers of apprenticeship programs and pre-apprenticeship programs, and providers of internships, paid or unpaid work experience opportunities, or transitional jobs;

“(C) representatives of business and industry (including representatives of small business), which shall include representatives of industry and sector partnerships in the State;

“(D) interested community representatives, including community-based organizations;

“(E) representatives of eligible youth, including representatives of regional or local agencies serving eligible youth;

“(F) representatives of Indian Tribes and Tribal organizations in the State, where applicable; and

“(G) any other stakeholders that the State may require the local area to consult.

“(A) provide input on quadrennial updates to the comprehensive needs assessment required under paragraph (1)(A);

“(B) ensure youth workforce investment activities—

“(C) identify and encourage opportunities for work-based learning; and

“(D) ensure funding under this part is used in a coordinated manner with other local resources.”.

“(F) establishing, supporting, and expanding work-based learning opportunities, including transitional jobs, that are aligned with career pathways.”.

(i) in clause (iv), by striking “in appropriate cases” and inserting “including paid work-based learning opportunities”; and

(ii) in clause (v), by inserting “high-skill, high-wage, or” before “in-demand”; and

“(A) Tutoring, study skills training, instruction, and dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or for a recognized postsecondary credential.

“(B) Alternative secondary school services, or dropout recovery services, as appropriate.

“(C) Work-based learning experiences, which—

“(D) Occupational skill training, which shall include priority consideration for training programs that lead to recognized postsecondary credentials that are aligned with high-skill, high-wage, or in-demand industry sectors or occupations in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123.

“(E) Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.

“(F) Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social and civic behaviors, as appropriate.

“(G) Supportive services.

“(H) Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months.

“(I) Follow-up services for the longer of 36 months or the completion of any postsecondary education or training to which participants are referred after completion of such program.

“(J) Comprehensive guidance and counseling, including trauma-informed approaches.

“(K) Financial literacy education.

“(L) Entrepreneurial skills training.

“(M) Services that provide labor market and employment information about high-skill, high-wage, or in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services, which may include providing such services to elementary and secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).

“(N) Activities that help youth prepare for and transition to postsecondary education and training.

“(O) Digital skills training, including access to training that supports basic digital literacy.”.

“(aa) the continuous development and training of staff on strategies for preparing individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations;

“(bb) the development of exemplary program activities; and

“(cc) the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c);”.

“(I) respond to real-time labor market analysis;

“(II) utilize direct assessment and prior learning assessment to measure and provide credit for prior knowledge, skills, competencies, and experiences;

“(III) evaluate such skills and competencies for adaptability, ensure credits are portable and stackable for more skilled employment; and

“(IV) accelerate course or credential completion, and facilitate the sharing of information about such programs in transparent, linked, open, and interoperable data formats;”;

“(dd) adult education, literacy, and digital literacy activities, including those provided by public libraries;”;

“(gg) programs under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) that support employment and economic security; and

“(hh) State domestic violence coalitions (as defined in section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402)) and tribal coalitions (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a))).”.

(i) by amending clause (iii) to read as follows:

(ii) by amending clause (vi) to read as follows:

(iii) by amending clause (xi) to read as follows:

(iv) in clause (xii), by striking subclauses (IV) through (XI) and inserting the following:

(v) in clause (xiii), by inserting “and options for further skill upgrading and career advancement” after “the workplace”.

“(B) USE OF PREVIOUS ASSESSMENTS.—A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (A)(xii) if the one-stop operator or one-stop partner determines that it is—

(i) in clause (i)(II), by inserting before the semicolon at the end the following: “, or to jobs that may be performed remotely”; and

(ii) by adding at the end the following:

“(iv) PARTICIPATION DURING PENDING APPLICATION.—An individual who meets the eligibility requirements under subparagraph (A)(i) to participate in a program of training services may participate in such a program during the period in which such individual’s enrollment in such program is being reviewed under this section, except that the provider of such program shall only receive reimbursement under this Act for the individual’s participation during such period if such individual’s enrollment is approved under this section.”.

“(E) PRIORITY.—

(i) by amending clause (i) to read as follows:

(ii) in clause (ii), by amending subclause (IV) to read as follows:

(iii) by striking clauses (iii) and (iv) and inserting the following:

“(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING.—

“(A) IN GENERAL.—A portion of the funds allocated to a local area for adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and a portion of the funds allocated to the local area for dislocated workers under section 133(b)(2)(B)—

“(B) ADDITIONAL ELIGIBILITY REQUIREMENTS FOR NEEDS-RELATED PAYMENTS.—In addition to the requirements contained in subparagraph (A)(ii), a dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs-related payments under this paragraph only if such worker is enrolled in training services.

“(C) LEVEL OF PAYMENTS.—The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of—

(i) by inserting “and” at the end of subclause (III); and

(ii) by adding at the end the following:

“(A) IN GENERAL.—

“(B) TRAINING ACTIVITIES.—The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers (which may include employers in partnership with other entities for the purposes of delivering training) for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs.

“(C) EMPLOYER PAYMENT OF NON-FEDERAL SHARE.—Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers.

“(D) NON-FEDERAL SHARE.—

“(E) VERIFICATION BY ONE-STOP OPERATOR.—Upon completion of the incumbent worker training program funded under this section, the one-stop operator within a local area shall verify that the employer met the conditions that were certified to prior to receiving the Federal share of the training program’s costs, consistent with this paragraph, according to a methodology determined by the Governor or local board. If such conditions were not met, the one-stop operator shall prohibit the employer from receiving funds for incumbent worker training under this section for a period of 5 years.

“(A) are time-limited work experiences that are subsidized and are in the public, private, employment social enterprise, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed or have an inconsistent work history;

“(B) are combined with comprehensive employment and supportive services; and

“(C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop skills that lead to entry into and retention in unsubsidized employment.”.