123STA T . 3 78PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9(B)inthema tte rfol lo w in gsubp aragraph (B) , b y stri k ing ‘ ‘ 52- week ’ ’an d inserting ‘‘ 91 -week’’ .SEC.1824 . S P EC IALRU LES FO R CALCULA T IO N OF ELI G I B ILIT Y PERIO D . S e c tion 2 3 3ofthe T rade A ctof19 74 (19 U .S. C . 2293), as amended, is further amended by adding at the end the following
‘‘(g) S PECIALRU LE FOR CALCULA T I NG SEPARATION. —N otwith- standing any other pro v ision of this chapter, any period during which a j udicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 223 shall not be counted for purposes of calculating the period of separa- tion under subsection (a)(2). ‘‘(h) SPECIAL RULE FOR J U S TIFIA B LE CAUSE.— I f the Secretary determines that there is justifiable cause, the Secretary may e x tend the period during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) (but not the maximum amounts of such allowances that are payable under this section). ‘‘(i) SPECIAL RULE W IT H RESPECT TO M ILITAR Y SER V ICE.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of this chapter, the Secretary may waive any re q uirement of this chapter that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed F orces and serves a period of duty described in paragraph (2) is eligible to receive a trade readjust- ment allowance, training, and other benefits under this chapter in the same manner and to the same extent as if the worker had not served the period of duty. ‘‘(2) P ERIO D OF DUTY DESCRIBED.—An adversely affected worker serves a period of duty described in this paragraph if, before completing training under section 23 6 , the worker— ‘‘(A) serves on active duty for a period of more than 3 0 days under a call or order to active duty of more than 30 days
or ‘‘(B) in the case of a member of the Army National G uard of the United States or Air National Guard of the United States, performs full-time National Guard duty under section 502(f) of title 32, United States Code, for 30 consecutive days or more when authori z ed by the Presi- dent or the Secretary of D efense for the purpose of responding to a national emergency declared by the Presi- dent and supported by Federal funds.’’. SEC. 182 5 . APPLICATION OF STATE LA W S AND REGULATIONS ON GOOD CAUSE FOR WAI V EROFTI M E LIMITS OR LATE FILING OF CLAIMS. Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is amended— (1) by striking ‘‘ E xcept where inconsistent’’ and inserting ‘‘(a) IN GENERAL.—Except where inconsistent’’; and (2) by adding at the end the following: ‘‘(b) SPECIAL RULE WITH RESPECT TO STATE L A W S AND REGULA- TIONS ON GOOD CAUSE FOR WAIVER OF TI M E LIMITS OR LATE FILING OF CLAIMS.—Any law, regulation, policy, or practice of a cooperating State that allows for a waiver for good cause of any time limitation relating to the administration of the State unemployment insurance law shall, in the administration of the program under this chapter Ap p licab ili ty.W ai ver a u t ho rity.
