19 U.S.C. § 2291: Qualifying requirements for workers

on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, before the expiration of the 2-year period beginning on the date on which the determination under section 2273 of this title was made, and before the termination date (if any) determined pursuant to section 2273(d) of this title . is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training, does not work because of a disability that is compensable under a workmen’s compensation law or plan of a State or the United States, had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm or subdivision, or is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is “Federal service” as defined in section 8521(a)(1) of title 5 , was entitled to (or would be entitled to if he applied therefor) unemployment insurance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation; has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which he was entitled (or would be entitled if he applied therefor); and does not have an unexpired waiting period applicable to him for any such unemployment insurance. Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act. is enrolled in a training program approved by the Secretary under section 2296(a) of this title , and the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2), the last day of the 8th week after the week in which the Secretary issues a certification covering the worker, 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period, or the last day of a period determined by the Secretary to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c), has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Secretary under section 2296(a) of this title , or has received a written statement under subsection (c)(1) after the date described in subparagraph (B). has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or has ceased to participate in such training program before completing such training program, and there is no justifiable cause for such failure or cessation, or the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under section 2271 of this title , and before the first week following the week in which such certification is made under subpart A of this part. The worker has been notified that the worker will be recalled by the firm from which the separation occurred. The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act ( 42 U.S.C. 503(j) ), carried out in accordance with guidelines issued by the Secretary) and there is a reasonable expectation of employment at equivalent wages in the foreseeable future. old-age insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq.) (except for application therefor); or a private pension sponsored by an employer or labor organization. The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 2302 of title 20 , and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available. A waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Secretary determines otherwise. The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation. Pursuant to an agreement under section 2311 of this title , the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1). An agreement under section 2311 of this title shall include a requirement that the cooperating State submit to the Secretary the written statements provided under paragraph (1) and a statement of the reasons for the waiver. Except as provided in subsections (b) and (c), the amendments made by this part [part 1 (§§ 13001–13009) of subtitle A, amending this section, sections 2271, 2272, 2292, 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title, and provisions set out as a note preceding section 2271 of this title ] shall take effect on the date of the enactment of this Act [ Apr. 7, 1986 ]. The amendments made by section 13003(a) [amending this section and section 2311 of this title ] apply with respect to workers covered by petitions filed under section 221 of the Trade Act of 1974 [ section 2271 of this title ] on or after the date of the enactment of this Act [ Apr. 7, 1986 ]. Chapters 2 and 3 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 , et seq.) [parts 2 and 3 of this subchapter] shall be applied as if the amendments made by sections 13007 and 13008 [amending sections 2317 and 2346 of this title and provisions set out as a note preceding section 2271 of this title ] had taken effect on December 18, 1985 . Trade readjustment allowances payable under part I [of subchapter B] of chapter 2 of title II of the Trade Act of 1974 [ 19 U.S.C. 2291 et seq.] for the period from March 1, 1986 , and until October 1, 1986 , shall be reduced by a percentage equal to the non-defense sequester percentage applied in the Sequestration Report (submitted under the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of Title 2 , The Congress] and dated January 21, 1986 ) of the Comptroller General of the United States for fiscal year 1986.” Except as provided in paragraph (2), this subtitle [enacting section 2275 of this title , amending this section and sections 2272, 2274, 2292, 2293, 2296, 2297, 2298, 2311, 2313, 2315, 2317, and 2319 of this title, repealing section 2318 of this title , enacting provisions set out as a note under section 2292 of this title , and amending provisions set out as a note preceding section 2271 of this title and under section 3304 of Title 26 , Internal Revenue Code] shall take effect on the date of the enactment of this Act [ Aug. 13, 1981 ]. The amendments made by section 2501 [amending section 2272 of this title ] shall apply with respect to all petitions for certification filed under section 221 of the Trade Act of 1974 [ section 2271 of this title ] on or after October 1, 1983 . The amendments made by sections 2503, 2504, 2505, and 2511 [amending this section, sections 2292, 2293, and 2319 of this title, and provisions set out as a note under section 3304 of Title 26 , Internal Revenue Code] shall apply with respect to trade readjustment allowances payable for weeks of unemployment which begin after September 30, 1981 . The amendments made by sections 2506, 2507, and 2508 [amending sections 2296, 2297, and 2298 of this title] shall take effect with respect to determinations regarding training and applications for allowances under sections 236, 237, and 238 of the Trade Act of 1974 [sections 2296, 2297, and 2298 of this title] that are made or filed after September 30, 1981 . Except as otherwise provided in clause (ii), the provisions of sections 233(d) and 236(a)(2) of the Trade Act of 1974 (as amended by this Act) [former subsec. (d), now (c), of section 2293 of this title and section 2296(a)(2) of this title ], and the provisions of section 204(a)(2)(C) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by this Act) [set out as a note under section 3304 of Title 26 ] shall apply to State unemployment compensation laws for purposes of certifications under section 3304(c) of the Internal Revenue Code of 1954 [ section 3304(c) of Title 26 ] on October 31, of any taxable year after 1981. does not meet in a session which begins after the date of the enactment of this Act [ Aug. 13, 1981 ] and prior to September 1, 1982 , and if in session on the date of the enactment of this Act, does not remain in session for a period of at least 25 calendar days, with respect to weeks of unemployment beginning before October 1, 1981 , payments of trade readjustment allowances determined under such chapter 2 without regard to the amendments made by this subtitle; and the number of weeks preceding the first week which begins after September 30, 1981 , and which are within the period covered by the same certification under such chapter 2 as such week of unemployment, for which the individual was entitled to a trade readjustment allowance or unemployment insurance, or would have been entitled to such allowance or unemployment insurance if he had applied therefor, and the number of weeks preceding such first week that are deductible under section 232(d) (as in effect before the amendments made by section 2504) [ section 2392(d) of this title ];