[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Pages 35679-35685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14430]


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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 lower living standard income level. This issuance 
provides the Secretary's annual LLSIL for 2004 and references the 
current 2004 Health and Human Services (HHS) ``Poverty Guidelines.''

EFFECTIVE DATE: This notice is effective on June 25, 2004.

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, Sections 101(24) defines the term LLSIL, 
127(b)(2)(C) and 132(b)(1)(IV) define the terms ``disadvantaged 
adult,'' and ``disadvantaged youth'' ``'' 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). We 
encourage the Governors and State/local Workforce Investment Boards to 
consult WIA and its regulations and preamble at 29 CFR part 652, 660-
671 (published at 65 FR 49294 (Aug. 11, 2000)) et al., for more 
specific guidance in applying the LLSIL to program requirements. The 
Department of Health and Human Services published the annual 2004 
update of the poverty-level guidelines in the Federal Register at 69 FR 
7335, (Feb. 13, 2004). The HHS 2004 Poverty guidelines may also be 
found on the Internet at: [http://www.aspe.hhs.gov/poverty/04fedreg.htm].
    The Employment and Training Administration (ETA) plans to have the 
2004 LLSIL available on its Web site at: [http://www.doleta.gov/llsil/
].
    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 the data 
from which ETA develops the LLSIL tables.
    ETA published the 2003 updates to the LLSIL in the Federal Register 
of May 30, 2003, at 68 FR 32549. This notice again updates the LLSIL to 
reflect cost of living increases for 2003, by applying the percentage 
change in the December 2003 Consumer Price Index for All Urban 
Consumers (CPI-U), compared with the December 2002, CPI-U to each of 
the May 30, 2003 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), 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 2004 figures were updated 
from the May 30, 2003, ``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 2003. 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 2004 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 as noted at 20 CFR 663.230 of WIA 
Regulations and WIA section 134(d)(3)(A)(ii).

[[Page 35680]]

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 Metropolitan Statistical Areas (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 661.220, a State's policies and measures for the 
workforce investment system shall be accepted by the Secretary to the 
extent that they are consistent with the WIA and the WIA regulations.

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 WIA as defined in the law and 
regulations.

    Signed at Washington, DC, this 17th day of June 2004.
Grace Kilbane,
Administrator, Office of Workforce Investment.
BILLING CODE 4510-30-P

Attachments

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[FR Doc. 04-14430 Filed 6-24-04; 8:45 am]
BILLING CODE 4510-30-C