123STA T . 3 76PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(A)bystrik i ng‘ ‘ la t e r of t h e d ates s p e c ified in s u bclause ( I ) or (II) ’ ’ and inserting ‘‘date specified in subclause (I) or (II) , as the case m ay be’’
and ( B ) by striking ‘‘or’’ at the end; ( 3 ) by redesignating subclause (I V ) as subclause (V); and ( 4 ) by inserting after subclause (III) the follo w ing
‘‘(IV) in the case of a worker who fails to enroll by the date re q uired by subclause (I), (II), or (III), as the case may be, due to the failure to pro v ide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the S ecretary, or’’ . (b) WAIVERSOFT RAI N IN GR E QU IRE M EN T S. — Section 2 3 1 (c) of the Trade Act of 1 97 4 (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 GENERA L .—The worker possesses’’; and (B) by adding at the end the following: ‘‘(ii) M AR K ETA B LE SKILLS D EFINED.— F or 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 1 0 2ofthe H igher E ducation Act of 19 65 (20 U.S.C. 1002)) or an equivalent institution, or the possession of an equivalent postgraduate certification in a special - i z ed field.’’; (2) in paragraph (2)(A), by striking ‘‘A waiver’’ and inserting ‘‘E x cept as provided in paragraph (3)(B), a waiver’’; and (3) in paragraph (3)— (A) in subparagraph (A), by striking ‘‘ P ursuant 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 subpara- graph (C); and (C) by inserting after subparagraph (A) the following: ‘‘(B) REVIE W 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; Deadlin e s.
