Sec. 222. Identification of eligible providers of training services
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Section 122(a) ( 29 U.S.C. 3152(a) ) is amended by adding at the end the following: In establishing criteria, information requirements, and procedures under this subsection, the Governor shall not limit the provision of consumer choice under section 134(c)(3)(F). . Section 122(b) ( 29 U.S.C. 3152(b) ) is amended— in paragraph (1)— by amending the matter preceding subparagraph
(A)to read as follows: The criteria established pursuant to subsection
(a)shall include criteria on each of the following: ; and in subparagraph (A)(i), striking performance accountability measures and inserting levels of performance achieved on the indicators described in section 116 ; in subparagraph (B)— by striking The need to ensure and inserting Ensuring ; and by inserting and online learning platforms after technology ; by amending subparagraph
(D)to read as follows: With respect to each training program of each such provider— the degree to which the training program— relates to in-demand industry sectors and occupations in the State or local areas within the State, based on analysis of labor market data and direct engagement with local employers; and satisfies any applicable educational requirements for professional licensure or certification, including licensure or certification examinations needed to practice or find employment in the sectors or occupations for which the program prepares the individual in the State; and the expected— recognized postsecondary credentials earned as part of such program; employment opportunities upon program completion; median earnings of individuals during the fourth quarter after exit from the program, as compared to median earnings of occupations for which the program prepares the individual in the State and local area; program cost of such program; competencies taught as part of such program that align to expected job opportunities; time to completion of such program; and alignment of such program to career pathways; and Subject to subclauses
(II)and (III), the information described in clause
(i)shall be validated in accordance with guidance issued by the Secretary with respect to each training program of each such provider, which may include validation, by at least one of the following entities: 3 or more employers. An industry association. A labor organization or joint labor-management organization, or an industry or sector partnership. The requirements of subclause
(I)shall not apply to any program that is— offered by a public institution of higher education; or accredited by a programmatic accrediting agency (as defined in section 602.3 of title 34, Code of Federal Regulations (or successor regulations)). An entity listed in item (aa), (bb), or
(cc)of subclause
(I)that is providing validation under this clause with respect to a training program may not be the provider of such training program. ; by striking subparagraphs (E), (F), (G), and (H); by redesignating subparagraphs
(I)and
(J)as subparagraphs
(E)and (F), respectively; and in subparagraph (F), as so redesignated— by amending clause
(i)to read as follows: the accountability of the providers, including in the case of a training program that is offered by an institution of higher education, that such institution has not been subject, during the 5 years preceding the date of the determination of whether such a provider meets such criteria, to— any suspension, emergency action, or termination of programs under title IV of the Higher Education Act of 1965; any adverse action by the accrediting agency or association of the institution of higher education; or any action by the State to revoke a license or other authority to operate; ; and in clause (ii), by striking one-stop centers and inserting local boards ; in paragraph (2)— by striking The information and inserting the following: The information by redesignating subparagraphs
(A)through
(E)as clauses
(i)through (v), respectively: and by adding at the end the following: The State shall make available on a publicly accessible website and in a manner that does not reveal personally identifiable information— the criteria, information requirements, and procedures regarding the eligibility of providers of training services established pursuant to subsection (a); and the appropriate, accurate, and timely information each provider of training services submits to the State in accordance with subparagraph
(A)of this paragraph. ; in paragraph (4)— in subparagraph (B)— 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 ; and Workforce Innovation and Opportunity Act of 2022 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. ; in subparagraph
(C)by inserting , including to the extent practicable for the 2-year period preceding the date of the provider’s application under this paragraph after subtitle ; and in subparagraph (D)— in clause (i), by striking a factor and inserting the levels of performance achieved ; in clause (iii), by striking and at the end; in clause (iv), by striking the period at the end and inserting ; and ; and by adding at the end the following: a factor related to serving individuals with barriers to employment. . Section 122(c)(2) ( 29 U.S.C. 3152(c)(2) ), by striking biennial and inserting annual . Section 122(d)(3) ( 29 U.S.C. 3152(d)(3) ), by inserting on a publicly accessible website that is consumer-tested and is searchable and comparable, through the use of common, linked, open-data description language after individual participant . Section 122(f)(1) ( 29 U.S.C. 3152(f)(1) ) is amended to read as follows: The procedures established under this section shall provide the following: In addition to the violations described in subparagraph (B), any provider of training services eligible to receive funds under chapter 3— 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— in a case in which the provider receives initial eligibility under subsection (b)(4), failed to report information as required under subsection (b)(4)(C); failed to inform the State board or local board that the training program of such provider has changed, and as a result of such change the information with respect to such training program under subsection (b)(1) used by the Governor to determine the provider’s eligibility to receive such funds no longer accurately describes such training program; or failed to meet the expected performance as described in subsection (b)(4)(D); or may have such eligibility terminated as a result of offering a program for a period of less than 2 years— that is no longer aligned to in-demand industry sectors or occupations; or that results in employment with wages below the median earnings for the occupation in the State or local area due to the insufficient quality of training provided under the program. Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under this title, or that an individual providing information on behalf of the provider intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 3 for the program involved shall be terminated for a period of not less than 2 years. A provider of training services whose eligibility is terminated under subparagraph
(A)or
(B)of this paragraph shall be liable for the repayment of funds received under chapter 3 during a period of violation described in such subparagraph. . Section 122(i) (( 29 U.S.C. 3152(i) ) is amended to read as follows: The Governor and local boards shall implement the requirements of this section, as amended by the Workforce Innovation and Opportunity Act of 2022, not later than 12 months after the date of enactment of such Act, except that the criteria established under items
(ff)and
(gg)of subsection (b)(1)(D)(i)(II) may not be used until the date that is 3 years after the date of enactment of such Act. .
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Sec. 222
Identification of eligible providers of training services
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