[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2381 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2381

           To provide for youth jobs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2013

 Mr. Conyers introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
           To provide for youth jobs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Jobs Act''.

SEC. 2. ESTABLISHMENT OF YOUTH JOBS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States an account that shall be known as the Youth Jobs Fund 
(referred to in this Act as ``the Fund'').
    (b) Deposits Into the Fund.--Out of any amounts in the Treasury not 
otherwise appropriated, there is appropriated $3,000,000,000 for fiscal 
year 2014, which shall be paid to the Fund, to be used by the Secretary 
of Labor to carry out this Act.
    (c) Availability of Funds.--Of the amounts available to the Fund 
under subsection (b), the Secretary of Labor shall--
            (1) allot $1,500,000,000 in accordance with section 3 to 
        provide summer and year-round employment opportunities to low-
        income youth; and
            (2) award $1,500,000,000 in allotments and competitive 
        grants in accordance with section 4 to local entities to carry 
        out work-based training and other work-related and educational 
        strategies and activities of demonstrated effectiveness to 
        unemployed, low-income young adults and low-income youth to 
        provide the skills and assistance needed to obtain employment.
    (d) Period of Availability.--The amounts appropriated under this 
Act shall be available for obligation by the Secretary of Labor until 
December 31, 2014, and shall be available for expenditure by grantees 
(including subgrantees) until September 30, 2015.

SEC. 3. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT OPPORTUNITIES FOR 
              LOW-INCOME YOUTH.

    (a) In General.--From the funds available under section 2(c)(1), 
the Secretary of Labor shall make an allotment under subsection (c) to 
each State that has a modification to a State plan approved under 
section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822) 
(referred to in this section as a ``State plan modification'') (or 
other State request for funds specified in guidance under subsection 
(b)) approved under subsection (d) and recipient under section 166(c) 
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) (referred 
to in this section as a ``Native American grantee'') that meets the 
requirements of this section, for the purpose of providing summer 
employment and year-round employment opportunities to low-income youth.
    (b) Guidance and Application of Requirements.--
            (1) Guidance.--Not later than 20 days after the date of 
        enactment of this Act, the Secretary of Labor shall issue 
        guidance regarding the implementation of this section.
            (2) Procedures.--Such guidance shall, consistent with this 
        section, include procedures for--
                    (A) the submission and approval of State plan 
                modifications, for such other forms of requests for 
                funds by the State as may be identified in such 
                guidance, for modifications to local plans approved 
                under section 118 of the Workforce Investment Act of 
                1998 (29 U.S.C. 2833) (referred to individually in this 
                section as a ``local plan modification''), or for such 
                other forms of requests for funds by local workforce 
                investment areas as may be identified in such guidance, 
                that promote the expeditious and effective 
                implementation of the activities authorized under this 
                section; and
                    (B) the allotment and allocation of funds, 
                including reallotment and reallocation of such funds, 
                that promote such implementation.
            (3) Requirements.--Except as otherwise provided in the 
        guidance described in paragraph (1) and in this section and 
        other provisions of this Act, the funds provided for activities 
        under this section shall be administered in accordance with the 
        provisions of subtitles B and E of title I of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) 
        relating to youth activities.
    (c) State Allotments.--
            (1) In general.--Using the funds described in subsection 
        (a), the Secretary of Labor shall allot to each State the total 
        of the amounts assigned to the State under subparagraphs (A) 
        and (B) of paragraph (2).
            (2) Assignments to states.--
                    (A) Minimum amounts.--Using funds described in 
                subsection (a), the Secretary of Labor shall assign to 
                each State an amount equal to \1/2\ of 1 percent of 
                such funds.
                    (B) Formula amounts.--The Secretary of Labor shall 
                assign the remainder of the funds described in 
                subsection (a) among the States by assigning--
                            (i) one-half on the basis of the relative 
                        number of young unemployed individuals in areas 
                        of substantial youth unemployment in each 
                        State, compared to the total number of young 
                        unemployed individuals in areas of substantial 
                        youth unemployment in all States; and
                            (ii) one-half on the basis of the relative 
                        number of disadvantaged young adults and youth 
                        in each State, compared to the total number of 
                        disadvantaged young adults and youth in all 
                        States.
            (3) Reallotment.--If the Governor of a State does not 
        submit a State plan modification or other State request for 
        funds specified in guidance under subsection (b) by the date 
        specified in subsection (d)(2)(A), or a State does not receive 
        approval of such State plan modification or request, the amount 
        the State would have been eligible to receive pursuant to 
        paragraph (2) shall be transferred within the Fund and added to 
        the amounts available for competitive grants under sections 
        2(c)(2) and 4(b)(2).
            (4) Definitions.--For purposes of paragraph (2):
                    (A) Area of substantial youth unemployment.--The 
                term ``area of substantial youth unemployment'' means 
                any contiguous area that has a population of at least 
                10,000, and that has an average rate of unemployment of 
                at least 10 percent, among individuals who are not 
                younger than 16 but are younger than 25, for the most 
                recent 12 months, as determined by the Secretary of 
                Labor.
                    (B) Disadvantaged young adult or youth.--The term 
                ``disadvantaged young adult or youth'' means an 
                individual who is not younger than 16 but is younger 
                than 25 who received an income, or is a member of a 
                family that received a total family income, that, in 
                relation to family size, does not exceed the higher 
                of--
                            (i) the poverty line; or
                            (ii) 70 percent of the lower living 
                        standard income level.
                    (C) Young unemployed individual.--The term ``young 
                unemployed individual'' means an individual who is not 
                younger than 16 but is younger than 25.
    (d) State Plan Modification.--
            (1) In general.--For a State to be eligible to receive an 
        allotment of funds under subsection (c), the Governor of the 
        State shall submit to the Secretary of Labor a State plan 
        modification, or other State request for funds specified in 
        guidance under subsection (b), in such form and containing such 
        information as the Secretary may require. At a minimum, such 
        State plan modification or request shall include--
                    (A) a description of the strategies and activities 
                to be carried out to provide summer employment 
                opportunities and year-round employment opportunities, 
                including linkages to training and educational 
                activities, consistent with subsection (f);
                    (B) a description of the requirements the State 
                will apply relating to the eligibility of low-income 
                youth, consistent with section 2(4), for summer 
                employment opportunities and year-round employment 
                opportunities, which requirements may include criteria 
                to target assistance to particular categories of such 
                low-income youth, such as youth with disabilities, 
                consistent with subsection (f);
                    (C) a description of the performance outcomes to be 
                achieved by the State through the activities carried 
                out under this section and the processes the State will 
                use to track performance, consistent with guidance 
                provided by the Secretary of Labor regarding such 
                outcomes and processes and with section 5(b);
                    (D) a description of the timelines for 
                implementation of the strategies and activities 
                described in subparagraph (A), and the number of low-
                income youth expected to be placed in summer employment 
                opportunities, and year-round employment opportunities, 
                respectively, by quarter;
                    (E) assurances that the State will report such 
                information, relating to fiscal, performance, and other 
                matters, as the Secretary may require and as the 
                Secretary determines is necessary to effectively 
                monitor the activities carried out under this section;
                    (F) assurances that the State will ensure 
                compliance with the requirements, restrictions, labor 
                standards, and other provisions described in section 
                5(a); and
                    (G) if a local board and chief elected official in 
                the State will provide employment opportunities with 
                the link to training and educational activities 
                described in subsection (f)(2)(B), a description of how 
                the training and educational activities will lead to 
                the industry-recognized credential involved.
            (2) Submission and approval of state plan modification or 
        request.--
                    (A) Submission.--The Governor shall submit the 
                State plan modification or other State request for 
                funds specified in guidance under subsection (b) to the 
                Secretary of Labor not later than 30 days after the 
                issuance of such guidance.
                    (B) Approval.--The Secretary of Labor shall approve 
                the State plan modification or request submitted under 
                subparagraph (A) within 30 days after submission, 
                unless the Secretary determines that the plan or 
                request is inconsistent with the requirements of this 
                section. If the Secretary has not made a determination 
                within that 30-day period, the plan or request shall be 
                considered to be approved. If the plan or request is 
                disapproved, the Secretary may provide a reasonable 
                period of time in which the plan or request may be 
                amended and resubmitted for approval. If the plan or 
                request is approved, the Secretary shall allot funds to 
                the State under subsection (c) within 30 days after 
                such approval.
            (3) Modifications to state plan or request.--The Governor 
        may submit further modifications to a State plan modification 
        or other State request for funds specified under subsection 
        (b), consistent with the requirements of this section.
    (e) Within-State Allocation and Administration.--
            (1) In general.--Of the funds allotted to the State under 
        subsection (c), the Governor--
                    (A) may reserve not more than 5 percent of the 
                funds for administration and technical assistance; and
                    (B) shall allocate the remainder of the funds among 
                local workforce investment areas within the State in 
                accordance with clauses (i) and (ii) of subsection 
                (c)(2)(B), except that for purposes of such allocation 
                references to a State in subsection (c)(2)(B) shall be 
                deemed to be references to a local workforce investment 
                area and references to all States shall be deemed to be 
                references to all local workforce investment areas in 
                the State involved.
            (2) Local plan.--
                    (A) Submission.--In order to receive an allocation 
                under paragraph (1)(B), the local workforce investment 
                board, in partnership with the chief elected official 
                for the local workforce investment area involved, shall 
                submit to the Governor a local plan modification, or 
                such other request for funds by local workforce 
                investment areas as may be specified in guidance under 
                subsection (b), not later than 30 days after the 
                submission by the State of the State plan modification 
                or other State request for funds specified in guidance 
                under subsection (b), describing the strategies and 
                activities to be carried out under this section.
                    (B) Approval.--The Governor shall approve the local 
                plan modification or other local request for funds 
                submitted under subparagraph (A) within 30 days after 
                submission, unless the Governor determines that the 
                plan or request is inconsistent with requirements of 
                this section. If the Governor has not made a 
                determination within that 30-day period, the plan shall 
                be considered to be approved. If the plan or request is 
                disapproved, the Governor may provide a reasonable 
                period of time in which the plan or request may be 
                amended and resubmitted for approval. If the plan or 
                request is approved, the Governor shall allocate funds 
                to the local workforce investment area within 30 days 
                after such approval.
            (3) Reallocation.--If a local workforce investment board 
        and chief elected official do not submit a local plan 
        modification (or other local request for funds specified in 
        guidance under subsection (b)) by the date specified in 
        paragraph (2), or the Governor disapproves a local plan, the 
        amount the local workforce investment area would have been 
        eligible to receive pursuant to the formula under paragraph 
        (1)(B) shall be allocated to local workforce investment areas 
        that receive approval of their local plan modifications or 
        local requests for funds under paragraph (2). Each such local 
        workforce investment area shall receive a share of the total 
        amount available for reallocation under this paragraph, in 
        accordance with the area's share of the total amount allocated 
        under paragraph (1)(B) to such local workforce investment 
        areas.
    (f) Use of Funds.--
            (1) In general.--The funds made available under this 
        section shall be used--
                    (A) to provide summer employment opportunities for 
                low-income youth, with direct linkages to academic and 
                occupational learning, and may be used to provide 
                supportive services, such as transportation or child 
                care, that is necessary to enable the participation of 
                such youth in the opportunities; and
                    (B) to provide year-round employment opportunities, 
                which may be combined with other activities authorized 
                under section 129 of the Workforce Investment Act of 
                1998 (29 U.S.C. 2854), to low-income youth.
            (2) Program priorities.--In administering the funds under 
        this section, the local board and chief elected official shall 
        give priority to--
                    (A) identifying employment opportunities that are--
                            (i) in emerging or in-demand occupations in 
                        the local workforce investment area; or
                            (ii) in the public or nonprofit sector and 
                        meet community needs; and
                    (B) linking participants in year-round employment 
                opportunities to training and educational activities 
                that will provide such participants an industry-
                recognized certificate or credential (referred to in 
                this Act as an ``industry-recognized credential'').
            (3) Administration.--Not more than 5 percent of the funds 
        allocated to a local workforce investment area under this 
        section may be used for the costs of administration of this 
        section.
            (4) Performance accountability.--For activities funded 
        under this section, in lieu of meeting the requirements 
        described in section 136 of the Workforce Investment Act of 
        1998 (29 U.S.C. 2871), States and local workforce investment 
        areas shall provide such reports as the Secretary of Labor may 
        require regarding the performance outcomes described in section 
        5(b)(5).

SEC. 4. WORK-BASED EMPLOYMENT STRATEGIES AND ACTIVITIES OF DEMONSTRATED 
              EFFECTIVENESS.

    (a) In General.--From the funds available under section 2(c)(2), 
the Secretary of Labor shall make allotments to States, and award 
grants to eligible entities, under subsection (b) to carry out work-
based strategies and activities of demonstrated effectiveness.
    (b) Allotments and Grants.--
            (1) Allotments to states for grants.--
                    (A) Allotments.--Using funds described in 
                subsection (a), the Secretary of Labor shall allot to 
                each State an amount equal to \1/2\ of 1 percent of 
                such funds.
                    (B) Grants to eligible entities.--The State shall 
                use the funds to award grants, on a competitive basis, 
                to eligible entities in the State.
            (2) Direct grants to eligible entities.--Using the funds 
        described in subsection (a) that are not allotted under 
        paragraph (1), the Secretary of Labor shall award grants on a 
        competitive basis to eligible entities.
    (c) Eligible Entity.--To be eligible to receive a grant under ths 
section, an entity--
            (1) shall include--
                    (A) a partnership involving a chief elected 
                official and the local workforce investment board for 
                the local workforce investment area involved (which may 
                include a partnership with such elected officials and 
                workforce investment boards and State elected officials 
                and State boards (as defined in section 101 of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2801)) in 
                the region and in the State); or
                    (B) an entity eligible to apply for a grant, 
                contract, or agreement under section 166 of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2911); and
            (2) may include, in combination with a partnership or 
        entity described in paragraph (1)--
                    (A) employers or employer associations;
                    (B) adult education providers or postsecondary 
                educational institutions, including community colleges;
                    (C) community-based organizations;
                    (D) joint labor-management committees;
                    (E) work-related intermediaries; or
                    (F) other appropriate organizations.
    (d) Application.--To be eligible to receive a grant under this 
section, an entity shall submit to the Secretary of Labor (or to the 
State, if applying for a grant under subsection (b)(1)(B)) an 
application at such time, in such manner, and containing such 
information as the Secretary may require. At a minimum, the application 
shall--
            (1) describe the strategies and activities of demonstrated 
        effectiveness that the eligible entity will carry out to 
        provide unemployed, low-income young adults and low-income 
        youth with skills that will lead to employment upon completion 
        of participation in such activities;
            (2) describe the requirements that will apply relating to 
        the eligibility of unemployed, low-income young adults and low-
        income youth, consistent with section 2, for activities carried 
        out under this section, which requirements may include criteria 
        to target assistance to particular categories of such adults 
        and youth, such as individuals with disabilities or individuals 
        who have exhausted all rights to unemployment compensation;
            (3) describe how the strategies and activities will address 
        the needs of the target populations identified in paragraph (2) 
        and the needs of employers in the local workforce investment 
        area;
            (4) describe the expected outcomes to be achieved by 
        implementing the strategies and activities;
            (5) provide evidence that the funds provided through the 
        grant will be expended expeditiously and efficiently to 
        implement the strategies and activities;
            (6) describe how the strategies and activities will be 
        coordinated with other Federal, State and local programs 
        providing employment, education and supportive activities;
            (7) provide evidence of employer commitment to participate 
        in the activities funded under this section, including 
        identification of anticipated occupational and skill needs;
            (8) provide assurances that the eligible entity will report 
        such information relating to fiscal, performance, and other 
        matters, as the Secretary of Labor may require and as the 
        Secretary determines is necessary to effectively monitor the 
        activities carried out under this section;
            (9) provide assurances that the eligible entity will ensure 
        compliance with the requirements, restrictions, labor 
        standards, and other provisions described in section 5(a); and
            (10) if the entity will provide activities described in 
        subsection (f)(4), a description of how the activities will 
        lead to the industry-recognized credentials involved.
    (e) Priority in Awards.--In awarding grants under this section, the 
Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give 
priority to applications submitted by eligible entities from areas of 
high poverty and high unemployment, as defined by the Secretary, such 
as Public Use Microdata Areas designated by the Bureau of the Census.
    (f) Use of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant to support 
work-based strategies and activities of demonstrated effectiveness that 
are designed to provide unemployed, low-income young adults and low-
income youth with skills that will lead to employment as part of or 
upon completion of participation in such activities. Such strategies 
and activities may include--
            (1) on-the-job training, registered apprenticeship 
        programs, or other programs that combine work with skills 
        development;
            (2) sector-based training programs that have been designed 
        to meet the specific requirements of an employer or group of 
        employers in that sector and for which employers are committed 
        to hiring individuals upon successful completion of the 
        training;
            (3) training that supports an industry sector or an 
        employer-based or labor-management committee industry 
        partnership and that includes a significant work-experience 
        component;
            (4) activities that lead to the acquisition of industry-
        recognized credentials in a field identified by the State or 
        local workforce investment area as a growth sector or in-demand 
        industry in which there are likely to be significant job 
        opportunities in the short-term;
            (5) activities that provide connections to immediate work 
        opportunities, including subsidized employment opportunities, 
        or summer employment opportunities for youth, that include 
        concurrent skills training and other supports;
            (6) activities offered through career academies that 
        provide students with the academic preparation and training, 
        such as paid internships and concurrent enrollment in community 
        colleges or other postsecondary institutions, needed to pursue 
        a career pathway that leads to postsecondary credentials and 
        in-demand jobs; and
            (7) adult basic education and integrated basic education 
        and training for low-skilled individuals who are not younger 
        than 16 but are younger than 25, hosted at community colleges 
        or at other sites, to prepare individuals for jobs that are in 
        demand in a local workforce investment area.
    (g) Coordination of Federal Administration.--The Secretary of Labor 
shall administer this section in coordination with the Secretary of 
Education, the Secretary of Health and Human Services, and other 
appropriate agency heads, to ensure the effective implementation of 
this section.

SEC. 5. GENERAL REQUIREMENTS.

    (a) Labor Standards and Protections.--Activities provided with 
funds made available under this Act shall be subject to the 
requirements and restrictions, including the labor standards, described 
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) 
and the nondiscrimination provisions of section 188 of such Act (29 
U.S.C. 2938), in addition to other applicable Federal laws.
    (b) Reporting.--The Secretary of Labor may require the reporting of 
information relating to fiscal, performance and other matters that the 
Secretary determines is necessary to effectively monitor the activities 
carried out with funds provided under this Act. At a minimum, 
recipients of grants (including recipients of subgrants) under this Act 
shall provide information relating to--
            (1) the number of individuals participating in activities 
        with funds provided under this Act and the number of such 
        individuals who have completed such participation;
            (2) the expenditures of funds provided under this Act;
            (3) the number of jobs created pursuant to the activities 
        carried out under this Act;
            (4) the demographic characteristics of individuals 
        participating in activities under this Act; and
            (5) the performance outcomes for individuals participating 
        in activities under this Act, including--
                    (A) for low-income youth participating in summer 
                employment activities under sections 3 and 4, 
                performance on indicators consisting of--
                            (i) work readiness skill attainment using 
                        an employer validated checklist;
                            (ii) placement in or return to secondary or 
                        postsecondary education or training, or entry 
                        into unsubsidized employment;
                    (B) for low-income youth participating in year-
                round employment activities under section 3 or in 
                activities under section 4, performance on indicators 
                consisting of--
                            (i) placement in or return to postsecondary 
                        education;
                            (ii) attainment of a secondary school 
                        diploma or its recognized equivalent;
                            (iii) attainment of an industry-recognized 
                        credential; and
                            (iv) entry into, retention in, and earnings 
                        in, unsubsidized employment; and
                    (C) for unemployed, low-income young adults 
                participating in activities under section 4, 
                performance on indicators consisting of--
                            (i) entry into, retention in, and earnings 
                        in, unsubsidized employment; and
                            (ii) attainment of an industry-recognized 
                        credential.
    (c) Activities Required To Be Additional.--Funds provided under 
this Act shall only be used for activities that are in addition to 
activities that would otherwise be available in the State or local 
workforce investment area in the absence of such funds.
    (d) Additional Requirements.--The Secretary of Labor may establish 
such additional requirements as the Secretary determines may be 
necessary to ensure fiscal integrity, effective monitoring, and the 
appropriate and prompt implementation of the activities under this Act.
    (e) Report of Information and Evaluations to Congress and the 
Public.--The Secretary of Labor shall provide to the appropriate 
committees of Congress and make available to the public the information 
reported pursuant to subsection (b).

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Chief elected official.--The term ``chief elected 
        official'' means the chief elected executive officer of a unit 
        of local government in a local workforce investment area or in 
        the case in which such an area includes more than one unit of 
        general government, the individuals designated under an 
        agreement described in section 117(c)(1)(B) of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
            (2) Local workforce investment area.--The term ``local 
        workforce investment area'' means such area designated under 
        section 116 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2831).
            (3) Local workforce investment board.--The term ``local 
        workforce investment board'' means such board established under 
        section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 
        2832).
            (4) Low-income youth.--The term ``low-income youth'' means 
        an individual who--
                    (A) is not younger than 16 but is younger than 25;
                    (B) meets the definition of a low-income individual 
                provided in section 101(25) of the Workforce Investment 
                Act of 1998 (29 U.S.C. 2801(25)), except that--
                            (i) States and local workforce investment 
                        areas, subject to approval in the applicable 
                        State plans and local plans, may increase the 
                        income level specified in subparagraph (B)(i) 
                        of such section to an amount not in excess of 
                        200 percent of the poverty line for purposes of 
                        determining eligibility for participation in 
                        activities under section 3; and
                            (ii) eligible entities described in section 
                        4(c), subject to approval in the applicable 
                        applications for funds, may make such an 
                        increase for purposes of determining 
                        eligibility for participation in activities 
                        under section 4; and
                    (C) is in one or more of the categories specified 
                in section 101(13)(C) of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2801(13)(C)).
            (5) Poverty line.--The term ``poverty line'' means a 
        poverty line as defined in section 673 of the Community 
        Services Block Grant Act (42 U.S.C. 9902), applicable to a 
        family of the size involved.
            (6) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means an apprenticeship 
        program registered under the Act of August 16, 1937 (commonly 
        known as the ``National Apprenticeship Act''; 50 Stat. 664, 
        chapter 663; 29 U.S.C. 50 et seq.).
            (7) State.--The term ``State'' means each of the several 
        States of the United States, and the District of Columbia.
            (8) Unemployed, low-income young adult.--The term 
        ``unemployed, low-income young adult'' means an individual 
        who--
                    (A) is not younger than 18 but is younger than 35;
                    (B) is without employment and is seeking assistance 
                under this Act to obtain employment; and
                    (C) meets the definition of a low-income individual 
                specified in section 101(25) of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2801(25)), except 
                that eligible entities described in section 4(c), 
                subject to approval in the applicable applications for 
                funds, may increase the income level specified in 
                subparagraph (B)(i) of such section to an amount not in 
                excess of 200 percent of the poverty line for purposes 
                of determining eligibility for participation in 
                activities under section 4.
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