Page:United States Statutes at Large Volume 116 Part 2.djvu/158

 116 STAT. 940 PUBLIC LAW 107-210—AUG. 6, 2002 is a reasonable expectation of employment at equivalent wages in the foreseeable future. "(C) RETIREMENT. —The worker is within 2 years of meeting all requirements for entitlement to either— "(i) old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor); or "(ii) a private pension sponsored by an employer or labor organization. "(D) HEALTH.— 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. "(E) ENROLLMENT UNAVAILABLE. — 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. "(F) TRAINING NOT AVAILABLE.— Training approved by, the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area vocational education schools, as defined in section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302), and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available. " (2) DURATION OF WAIVERS. — "(A) IN GENERAL. —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. "(B) REVOCATION.— 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Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation. "(3) AGREEMENTS UNDER SECTION 239. — " (A) ISSUANCE BY COPERATING STATES. —Pursuant to an agreement under section 239, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1). "(B) SUBMISSION OF STATEMENTS.— An agreement under section 239 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.". (b) CONFORMING AMENDMENT. —Section 231(a)(5)(C) of such Act (19 U.S.C. 2291(a)(5)(C)) is amended by striking "certified".

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