; and (C) by striking clause (iv). (2) Levels of performance Section 116(b)(3)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(3)(A) ) is amended— (A) by amending clause (iii) to read as follows: (iii) Identification in State plan (I) Secretaries For each State submitting a State plan, the Secretaries of Labor and Education shall, not later than December 1 of the year prior to the year in which such State plan is submitted, for the first 2 program years covered by the State plan, and not later than December 1 of the year prior to the third program year covered by the State plan, for the third and fourth program years covered by the State plan— (aa) propose to the State expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for such State, which shall— (AA) be consistent with the factors listed in clause (v); and (BB) be proposed in a manner that ensures sufficient time is provided for the State to evaluate and respond to such proposals; and (bb) publish, on a public website of the Department of Labor, the statistical model developed under clause (viii) and the methodology used to develop each such expected level of performance. (II) States Each State shall— (aa) evaluate each of the expected levels of performance proposed under subclause (I) with respect to such State; (bb) based on such evaluation of each such expected level of performance— (AA) accept the expected level of performance as so proposed; or (BB) provide a counterproposal for such proposed expected level of performance, including an analysis of how the counterproposal addresses factors or circumstances unique to the State that may not have been accounted for in the expected level of performance; and (cc) include in the State plan, with respect to each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for such State— (AA) the expected level of performance proposed under subclause (I)