Public Law 111–5 111th Congress An Act - Loan Programs Office

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123 STAT. 376 PUBLIC LAW 111–5—FEB. 17, 2009
Deadlines.
(A) by striking ‘‘later of the dates specified in subclause
(I) or (II)’’ and inserting ‘‘date specified in subclause (I)
or (II), as the case may be’’; and
(B) by striking ‘‘or’’ at the end;
(3) by redesignating subclause (IV) as subclause (V); and
(4) by inserting after subclause (III) the following:
‘‘(IV) in the case of a worker who fails to enroll
by the date required by subclause (I), (II), or (III),
as the case may be, due to the failure to provide
the worker with timely information regarding the date
specified in such subclause, the last day of a period
determined by the Secretary, or’’.
(b) WAIVERS OF TRAINING REQUIREMENTS.—Section 231(c) of
the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended—
(1) in paragraph (1)(B)—
(A) by striking ‘‘The worker possesses’’ and inserting
the following:
‘‘(i) IN GENERAL.—The worker possesses’’; and
(B) by adding at the end the following:
‘‘(ii) MARKETABLE SKILLS DEFINED.—For purposes
of clause (i), the term ‘marketable skills’ may include
the possession of a postgraduate degree from an
institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002)) or an equivalent institution, or the possession
of an equivalent postgraduate certification in a specialized
field.’’;
(2) in paragraph (2)(A), by striking ‘‘A waiver’’ and inserting
‘‘Except as provided in paragraph (3)(B), a waiver’’; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘Pursuant to an
agreement under section 239, the Secretary may authorize
a’’ and inserting ‘‘An agreement under section 239 shall
authorize a’’;
(B) by redesignating subparagraph (B) as subparagraph
(C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) REVIEW OF WAIVERS.—An agreement under section
239 shall require a cooperating State to review each waiver
issued by the State under subparagraph (A), (B), (D), (E),
or (F) of paragraph (1)—
‘‘(i) 3 months after the date on which the State
issues the waiver; and
‘‘(ii) on a monthly basis thereafter.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291),
as amended, is further amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘more than 60 days’’ and all that follows
through ‘‘section 221’’ and inserting ‘‘on or after the date
of such certification’’; and
(B) in subsection (b)—
(i) by striking paragraph (2); and
(ii) in paragraph (1)—
(I) by striking ‘‘(1)’’;
(II) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
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