S. 3870 — Lifelong Learning Act

This section increases, for statewide employment and training activities under the Workforce Innovation and Opportunity Act (WIOA), (1) the maximum percentage of adult and dislocated worker allotments a governor may reserve for incumbent worker training (i.e., training for employed individuals to retain jobs, prevent layoffs, or improve competitiveness) to 30% (from 20%), and (2) the standard reservation percentage for transitional jobs (i.e., time-limited subsidized employment for low-income individuals facing barriers to regular employment) to 15% (from 10%).

This section requires states in which local areas implement incumbent worker training programs under WIOA sec. 134(d)(4) (i.e., training for employed workers to retain employment or avert layoffs) to report levels of performance achieved for those programs with respect to the primary indicators of performance described in WIOA sec. 116(b)(2)(A) (i.e., employment rates in second and fourth quarters after exit, median earnings, credential attainment, measurable skill gains, and employer effectiveness). (Thus, the state, Secretary of Labor, and Secretary of Education must use that information to adapt the state's adjusted levels of performance for the corresponding primary indicators applicable to the adult and dislocated worker programs under WIOA subtitle B, chapter 3.)

This section authorizes a local board to serve as a one-stop operator for the one-stop delivery system (i.e., integrated centers providing workforce services such as job search assistance, training referrals, and career counseling from programs including WIOA, Wagner-Peyser employment services, adult education, vocational rehabilitation, and others), notwithstanding prior restrictions in 29 U.S.C. 3151(d)(2)(B). The local board must obtain approval from the chief elected official and Governor, meet any state eligibility criteria, enter a written agreement with the chief elected official detailing how it will perform operator functions with internal controls to prevent conflicts of interest (including compliance with relevant Office of Management and Budget circulars and state conflict-of-interest policies), and satisfy other applicable requirements.