2013-06260. Workforce Investment Act of 1998 (WIA); Lower Living Standard Income Level (LLSIL)

AGENCY:

Employment and Training Administration (ETA), Labor.

ACTION:

Notice.

SUMMARY:

Title I of WIA (Pub. L. 105-220) requires the U.S. Secretary of Labor (Secretary) to update and publish the LLSIL tables annually, for uses described in the law (including determining eligibility for youth). 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 level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2013 and references the current 2013 Health and Human Services “Poverty Guidelines.”

DATES:

This notice is effective March 19, 2013.

FOR FURTHER INFORMATION OR QUESTIONS ON LLSIL:

Please contact Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room S-4526, Washington, DC 20210; Telephone: [phone]; Fax: [phone] (these are not toll-free numbers); Email address: [e-mail]. Individuals with hearing or speech impairments may access the telephone number above via Text Telephone (TTY/TDD) by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD).

For Further Information or Questions on Federal Youth Employment Programs: Please contact Jennifer Kemp, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room N-4464, Washington, DC 20210; Telephone: [phone]; Fax: [phone] (these are not toll-free numbers); Email: [e-mail]. Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD).

SUPPLEMENTARY INFORMATION:

The purpose of WIA is to provide workforce investment activities through statewide and local workforce investment systems that increase the employment, retention, and earnings of participants. WIA programs are intended to increase the occupational skill attainment by participants and the quality of the workforce, thereby reducing welfare dependency and enhancing the productivity and competitiveness of the Nation.

LLSIL is used for several purposes under the 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)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the poverty line or LLSIL for State formula allotments. The governor and State/local workforce investment boards (WIBs) use the LLSIL for determining eligibility for youth and adults for certain services. ETA encourages governors and State/local WIBs to consult the WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying LLSIL to program requirements. The U.S. Department of Health and Human Services (HHS) published the most current poverty-level guidelines in the Federal Register on January 24, 2013 (Volume 78, Number 16), pp. 5182-5183. The HHS 2013 Poverty guidelines may also be found on the Internet at http://aspe.hhs.gov/​poverty/​13poverty.cfm. ETA plans to have the 2013 LLSIL available on its Web site at http://www.doleta.gov/​llsil/​2013/​.

WIA Section 101(24) defines 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 in fall 1981. The four-person urban family budget estimates, previously published by the U.S. 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, which ETA then uses to develop the LLSIL tables, as provided in the Appendices to this Federal Register notice.

ETA published the 2012 updates to the LLSIL in the Federal Register of March 28, 2012, at Vol. 77, No. 60 pp. 18865-18869. This notice again updates the LLSIL to reflect cost of living increases for 2012, by calculating the percentage change in the most recent 2012 Consumer Price Index for All Urban Consumers (CPI-U) for an area to the 2011 CPI-U, and then applying this calculation to each of the March 28, 2012 LLSIL figures. The updated figures for a four-person family are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. Numbers in all of the Appendix tables are rounded up to the nearest dollar. Since program eligibility for low-income individuals, “disadvantaged adults” 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 as well.

I. Jurisdictions

Jurisdictions included in the various regions, based generally on the Census Regions of the U.S. Department of Commerce, are as follows:

A. Northeast

Connecticut

Maine

Massachusetts

New Hampshire

New Jersey

New York

Pennsylvania

Rhode Island

Vermont

Virgin Islands

B. Midwest

Illinois

Indiana

Iowa

Kansas

Michigan

Minnesota

Missouri

Nebraska

North Dakota

Ohio

South Dakota

Wisconsin

C. 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

D. 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 Appendix B, Table 2.

For Alaska, Hawaii, and Guam, the year 2012 figures were updated from the 2012 “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 annual and semiannual CPI-U changes for a 12-month period ending in December 2012. The updated LLSIL figures for these MSAs and 70 percent of LLSIL are reported in Appendix C, Table 3.

Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2012 LLSIL for family sizes of one to six persons. Because Tables 1-3 only list the LLSIL for a family of four, Table 4 can be used to separately determine the LLSIL for families of between one and 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 70 percent of the LLSIL figure, the figure is italicized. A modified Microsoft Excel version of Appendix D, Table 4, with the area names, will be available on the ETA LLSIL Web site at http://www.doleta.gov/​llsil/​2013/​. Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six, and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii).

II. Use of These Data

Governors should designate the appropriate LLSILs for use within the State from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, which adjust a family of four figure for larger and smaller families, may be used with any LLSIL designated area. The governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan 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, Northeast non-metropolitan, portions of the State in the New York City MSA, and those in the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one LLSIL figure, the governor may determine which is to be used.

Under 20 CFR 661.110, 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 WIA and WIA regulations.

III. Disclaimer on Statistical Uses

It should be noted that 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 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.

Appendix A

Table 1—Lower Living Standard Income Level (for a Family of Four Persons) by Region ¹

Region 2	2013 adjusted LLSIL	70 percent LLSIL
Northeast:
Metro	$41,250	$28,875
Non-Metro 3	39,404	27,583
Midwest:
Metro	36,392	25,475
Non-Metro	35,183	24,628
South:
Metro	35,131	24,592
Non-Metro	34,730	24,311
West:
Metro	39,606	27,724
Non-Metro 4	38,393	26,875
1 For ease of use, these figures are rounded to the next highest dollar.
2 Metropolitan area measures were calculated from the weighted average CPI-U's for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-U's for city size class D.
3 Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D.
4 Non-metropolitan area percent changes for the West region are based on unpublished BLS data.

Appendix B

Table 2—Lower Living Standard Income Level (for a Family of Four Persons), for Alaska, Hawaii and Guam ¹

Region	2013 adjusted LLSIL	70 percent LLSIL
Alaska:
Metro	$46,913	$32,839
Non-Metro 2	48,173	33,721
Hawaii, Guam:
Metro	50,941	35,658
Non-Metro 2	51,428	36,000
1 For ease of use, these figures are rounded to the next highest dollar.
2 Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-U's for all urban consumers for city size class D in the Western Region. Generally the non-metro areas LLSIL is lower than the LLSIL in metro areas. This year the non-metro area LLSIL incomes were larger because the change in CPI-U was smaller in the metro areas compared to the change in CPI-U in the non-metro areas of Alaska, Hawaii and Guam.

Appendix C

Table 3—Lower Living Standard Income Level (for a Family of Four Persons) for 23 Selected MSAs ¹

Metropolitan statistical areas (MSAs)	2013 adjusted LLSIL	70 percent LLSIL
Anchorage, AK	$48,086	$33,660
Atlanta, GA	33,008	23,106
Boston—Brockton—Nashua, MA/NH/ME/CT	44,231	30,962
Chicago—Gary—Kenosha, IL/IN/WI	37,641	26,349
Cincinnati—Hamilton, OH/KY/IN	35,610	24,927
Cleveland—Akron, OH	37,425	26,198
Dallas—Ft. Worth, TX	33,338	23,337
Denver—Boulder—Greeley, CO	37,286	26,100
Detroit—Ann Arbor—Flint, MI	34,960	24,472
Honolulu, HI	51,856	36,300
Houston—Galveston—Brazoria, TX	32,109	22,476
Kansas City, MO/KS	34,261	23,983
Los Angeles—Riverside—Orange County, CA	41,692	29,185
Milwaukee—Racine, WI	35,522	24,865
Minneapolis—St. Paul, MN/WI	35,608	24,926
New York—Northern NJ—Long Island, NY/NJ/CT/PA	43,731	30,612
Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD	39,694	27,786
Pittsburgh, PA	43,489	30,443
St. Louis, MO/IL	33,741	23,619
San Diego, CA	45,363	31,754
San Francisco—Oakland—San Jose, CA	42,606	29,824
Seattle—Tacoma—Bremerton, WA	43,060	30,142
Washington—Baltimore, DC/MD/VA/WV 2	44,522	31,165
1 For ease of use, these figures are rounded to the next highest dollar.
2 Baltimore and Washington are calculated as a single metropolitan statistical area.

Appendix D

Table 4: 70 Percent of Updated 2013 Lower Living Standard Income Level (LLSIL), by Family Size

To use the 70 percent LLSIL value, where it is stipulated for the WIA programs, begin by locating the region or metropolitan area where the program applicant resides. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the 70 percent LLSIL amount for that location. The 70 percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult Table 4 and the instructions below.

To use Table 4, locate the 70 percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under the WIA.

Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure is italicized. Individuals from these size families may consult the 2013 HHS poverty guidelines found on the Health and Human Services Web site at http://aspe.hhs.gov/​poverty/​13poverty.cfm to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their States.

Family of one	Family of two	Family of three	Family of four	Family of five	Family of six
$8,098	$13,267	$18,209	$22,476	$26,526	$31,021
8,319	13,635	18,723	23,106	27,268	31,888
8,406	13,775	18,908	23,337	27,544	32,209
8,509	13,941	19,135	23,619	27,874	32,595
8,634	14,153	19,432	23,983	28,303	33,101
8,759	14,349	19,693	24,311	28,689	33,551
8,813	14,439	19,825	24,472	28,878	33,770
8,857	14,513	19,919	24,592	29,025	33,946
8,873	14,534	19,953	24,628	29,069	33,994
8,952	14,673	20,144	24,865	29,345	34,317
8,977	14,710	20,195	24,926	29,418	34,403
8,976	14,713	20,197	24,927	29,418	34,403
9,172	15,034	20,635	25,475	30,061	35,163
9,400	15,404	21,147	26,100	30,800	36,023
9,433	15,464	21,223	26,198	30,918	36,154
9,486	15,552	21,342	26,349	31,097	36,369
9,677	15,859	21,774	26,875	31,718	37,096
9,932	16,280	22,349	27,583	32,553	38,064
9,982	16,357	22,458	27,724	32,715	38,265
10,008	16,398	22,510	27,786	32,794	38,347
10,399	17,043	23,391	28,875	34,079	39,851
10,508	17,219	23,641	29,185	34,439	40,281
10,742	17,602	24,159	29,824	35,196	41,164
10,858	17,785	24,419	30,142	35,571	41,598
10,965	17,968	24,664	30,443	35,929	42,016
11,022	18,065	24,797	30,612	36,122	42,252
11,148	18,271	25,086	30,962	36,540	42,729
11,224	18,394	25,248	31,165	36,782	43,016
11,438	18,737	25,725	31,754	37,474	43,827
11,828	19,377	26,605	32,839	38,754	45,326
12,123	19,867	27,268	33,660	39,726	46,452
12,145	19,896	27,317	33,721	39,793	46,535
12,844	21,041	28,889	35,658	42,080	49,216
12,964	21,245	29,162	36,000	42,482	49,682
13,073	21,418	29,403	36,300	42,835	50,101

Appendix E

Table 5: Updated 2013 LLSIL (100 percent), by Family Size

To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the State or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2013 adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the corresponding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure that States must set for determining whether employment leads to self-sufficiency under WIA programs.

Family of one	Family of two	Family of three	Family of four	Family of five	Family of six
$11,569	$18,953	$26,013	$32,109	$37,894	$44,316
11,885	19,478	26,747	33,008	38,955	45,554
12,009	19,679	27,012	33,338	39,349	46,013
12,156	19,915	27,336	33,741	39,820	46,564
12,334	20,218	27,760	34,261	40,433	47,287
12,512	20,498	28,134	34,730	40,984	47,930
12,590	20,627	28,322	34,960	41,255	48,243
12,653	20,732	28,456	35,131	41,464	48,494
12,676	20,763	28,504	35,183	41,527	48,563
12,788	20,961	28,777	35,522	41,921	49,024
12,824	21,014	28,850	35,608	42,026	49,148
12,823	21,018	28,853	35,610	42,026	49,147
13,103	21,478	29,479	36,392	42,944	50,232
13,429	22,006	30,210	37,286	44,000	51,461
13,476	22,091	30,318	37,425	44,169	51,648
13,552	22,217	30,489	37,641	44,424	51,955
13,824	22,655	31,105	38,393	45,312	52,994
14,188	23,257	31,927	39,404	46,504	54,377
14,259	23,368	32,083	39,606	46,736	54,664
14,298	23,425	32,157	39,694	46,848	54,782
14,856	24,348	33,416	41,250	48,684	56,930
15,011	24,599	33,773	41,692	49,198	57,544
15,346	25,146	34,513	42,606	50,280	58,806
15,511	25,408	34,884	43,060	50,816	59,425
15,664	25,669	35,235	43,489	51,327	60,023
15,746	25,808	35,424	43,731	51,603	60,359
15,926	26,101	35,838	44,231	52,201	61,042
16,035	26,277	36,069	44,522	52,546	61,452
16,340	26,767	36,750	45,363	53,534	62,610
16,897	27,681	38,007	46,913	55,362	64,751
17,319	28,381	38,955	48,086	56,751	66,361
17,350	28,423	39,024	48,173	56,847	66,479
18,349	30,058	41,270	50,941	60,115	70,308
18,520	30,350	41,661	51,428	60,688	70,974
18,676	30,598	42,004	51,856	61,193	71,573

Signed at Washington, DC, this 11th day of March, 2013.

Jane Oates,

Assistant Secretary for Employment and Training.