QUALIFYING REQUIREMENTS FOR WORKERS.

SEC. 1821. QUALIFYING REQUIREMENTS FOR WORKERS.(a) In General.—Section 231(a)(5)(A)(ii) of the Trade Act of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended—(1) by striking subclauses (I) and (II) and inserting the following:“(I) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after such total separation,“(II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after the date of such certification,”;(2) in subclause (III)—123 STAT. 376(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;123 STAT. 377(III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and(IV) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.(2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended—(A) by striking subsection (b); and(B) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively.