[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32549-32556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13523]


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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act; Lower Living Standard Income Level

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of determination of lower living standard income level.

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SUMMARY: Under Title I of the Workforce Investment Act (WIA) of 1998 
(Pub. L. 105-220), the Secretary of Labor annually determines the Lower 
Living Standard Income Level (LLSIL) for uses described in the Law. WIA 
defines the term ``Low Income Individual'' as one who qualifies under 
various criteria, including an individual who received income for a 
six-month period that does not exceed the higher of the poverty line or 
70 percent of the LLSIL. This issuance provides the Secretary's annual 
LLSIL for 2003 and references the current 2003 Health and Human 
Services (HHS) ``Poverty Guidelines.''

EFFECTIVE DATE: This notice is effective on May 30, 2003.

ADDRESSES: Send written comments to: Mr. Haskel Lowery, Employment and 
Training Administration, Department of Labor, Room N-4464, 200 
Constitution Avenue, NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Mr. Haskel Lowery, Telephone 202-693-
3608; Fax 202-693-3532 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: It is the purpose of the Workforce 
Investment Act of 1998 ``to provide workforce investment activities, 
through statewide and local workforce investment systems, that increase 
the employment, retention, and earnings of participants, and increase 
occupational skill attainment by participants, and, as a result, 
improve the quality of the workforce, reduce welfare dependency, and 
enhance the productivity and competitiveness of the Nation.''
    The LLSIL is used for several purposes under WIA: Specifically, WIA 
Section 101(25) defines the term ``low income individual'' for 
eligibility purposes; and sections 127(b)(2)(C) and 132(b)(1)(IV) 
define the terms ``disadvantaged adult'' and ``disadvantaged youth'' in 
terms of the poverty line or LLSIL for purpose of State formula 
allotments. The Governor and state/local Workforce Investment Boards 
use the LLSIL for determining eligibility for youth, eligibility for 
employed adult workers for certain services, and for the Work 
Opportunity Tax Credit (WOTC), reauthorized until 2004. We encourage 
the Governors and state/local Workforce Investment Boards to consult 
WIA and its Regulations and Preamble at 20 CFR parts 652, 660-671 
(published at 65 FR 49294 (Aug. 11,

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2000)) et al., for more specific guidance in applying the LLSIL to 
program requirements. The HHS published the annual 2003 update of the 
poverty-level guidelines in the Federal Register at 68 FR 6456 (Feb. 7, 
2003). The HHS 2003 Poverty guidelines may also be found on the 
Internet at: http://www.aoa.gov/network/2003/2003povguidetable.html.
    The Employment and Training Administration (ETA) plans to have the 
2003 LLSIL available on its Web site at: http://wdsc.doleta.gov/llsil/llsil2003.asp.
    WIA Section 101(24) defines the LLSIL as ``that income level 
(adjusted for regional, metropolitan, urban, and rural differences and 
family size) determined annually by the Secretary [of Labor] based on 
the most recent lower living family budget issued by the Secretary.'' 
The most recent lower living family budget was issued by the Secretary 
of Labor in the Fall of 1981.
    The four-person urban family budget estimates, previously published 
by the Bureau of Labor Statistics (BLS), provided the basis for the 
Secretary to determine the LLSIL. BLS terminated the four-person family 
budget series in 1982, after publication of the fall 1981 estimates. 
Currently BLS provides data to ETA, from which it develops the LLSIL 
tables.
    The ETA published the 2002 updates to the LLSIL in the Federal 
Register of April 8, 2002, at 67 FR 16961. This notice again updates 
the LLSIL to reflect cost of living increases for 2002, by applying the 
percentage change in the December 2002 Consumer Price Index for All 
Urban Consumers (CPI-U), compared with the December 2001, CPI-U, to 
each of the April 8, 2002 LLSIL figures. Those updated figures for a 
family-of-four are listed in Table 1 below by region for both 
metropolitan and nonmetropolitan areas.
    Figures in all of the accompanying tables are rounded up to the 
nearest ten. Since ``low income individual, ``disadvantaged adult, 
``and ``disadvantaged youth'' may be determined by family income at 70 
percent of the LLSIL, pursuant to WIA Sections 101(25) (B), 
127(b)(2)(C) and 132(b)(1)(B)(v)(IV), respectively, those figures are 
listed below as well.
    Jurisdictions included in the various regions, based generally on 
Census Divisions of the U.S. Department of Commerce, are as follows:

Northeast

    Connecticut
    Maine
    Massachusetts
    New Hampshire
    New Jersey
    New York
    Pennsylvania
    Rhode Island
    Vermont
    Virgin Islands

Midwest

    Illinois
    Indiana
    Iowa
    Kansas
    Michigan
    Minnesota
    Missouri
    Nebraska
    North Dakota
    Ohio
    South Dakota
    Wisconsin

South

    Alabama
    American Samoa
    Arkansas
    Delaware
    District of Columbia
    Florida
    Georgia
    Northern Marianas
    Oklahoma
    Palau
    Puerto Rico
    South Carolina
    Kentucky
    Louisiana
    Marshall Islands
    Maryland
    Micronesia
    Mississippi
    North Carolina
    Tennessee
    Texas
    Virginia
    West Virginia

West

    Arizona
    California
    Colorado
    Idaho
    Montana
    Nevada
    New Mexico
    Oregon
    Utah
    Washington
    Wyoming
    Additionally, separate figures have been provided for Alaska, 
Hawaii, and Guam as indicated in Table 2 below.

    For Alaska, Hawaii, and Guam, the year 2003 figures were updated 
from the April 8, 2002, ``State Index'' based on the ratio of the urban 
change in the State (using Anchorage for Alaska and Honolulu for Hawaii 
and Guam) compared to the West regional metropolitan change, and then 
applying that index to the West regional metropolitan change.
    Data on 23 selected Metropolitan Statistical Areas (MSAs) are also 
available. These are based on semiannual CPI-U changes for a 12-month 
period ending in December 2002. The updated LLSIL figures for these 
MSAs and 70 percent of the LLSIL are reported in Table 3 below.
    Table 4 below lists each of the various figures at 70 percent of 
the updated 2003 LLSIL for family sizes of one to six persons. For 
families larger than six persons, an amount equal to the difference 
between the six-person and the five-person family income levels should 
be added to the six-person family income level for each additional 
person in the family. Where the poverty level for a particular family 
size is greater than the corresponding LLSIL figure, the figure is 
indicated in parentheses. Table 5, 100 percent of LLSIL, is used to 
determine self-sufficiency under WIA Section 134d(3)(A)(ii), as noted 
at 20 CFR 663.230.

Use of These Data

    Governors should designate the appropriate LLSILs for use within 
the State from Tables 1 through 3. Tables 4 and 5 may be used with any 
of the levels designated. The Governor's designation may be provided by 
disseminating information on MSAs and metropolitan and nonmetropolitan 
areas within the State, or it may involve further calculations. For 
example, the State of New Jersey may have four or more LLSIL figures: 
for Northeast metropolitan, for Northeast nonmetropolitan, for portions 
of the State in the New York City MSA, and for those in the 
Philadelphia MSA. If a workforce investment area includes areas that 
would be covered by more than one figure, the Governor may determine 
which is to be used.
    Under 20 CFR 661.110 and 661.120, a State's policies and measures 
for the workforce investment system will be accepted by DOL to the 
extent that they are consistent with the WIA and the WIA regulations 
and DOL guidance.

Disclaimer on Statistical Uses

    It should be noted that the publication of these figures is only 
for the purpose of meeting the requirements specified by WIA as defined 
in the law and regulations. BLS has not revised the lower living family 
budget since 1981, and has no plans to do so. The four-person urban 
family budget estimates series has been terminated. The CPI-U 
adjustments used to update the LLSIL for this publication are not 
precisely comparable, most notably because certain tax items were 
included in the 1981 LLSIL, but are not in the CPI-U. Thus, these 
figures should not be used for any statistical purposes, and are valid 
only for those purposes under the

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WIA as defined in the law and regulations.

    Signed at Washington, DC, this 22nd day of May 2003.
Lorenzo D. Harrison,
Administrator, Office of Youth Services.
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[FR Doc. 03-13523 Filed 5-29-03; 8:45 am]
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