U.S Code last checked for updates: Aug 17, 2025
All TitlesTitle 19Chapter 12Subchapter IIPartSubpart c
§ 2318.
Demonstration project for alternative trade adjustment assistance for older workers
(a)
In general
(1)
Establishment
(2)
Benefits
(A)
Payments
A State shall use the funds provided to the State under section 2313 of this title to pay, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), 50 percent of the difference between—
(i)
the wages received by the worker from reemployment; and
(ii)
the wages received by the worker at the time of separation.
(B)
Health insurance
(3)
Eligibility
(A)
Firm eligibility
(i)
In general
(ii)
Criteria
In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria:
(I)
Whether a significant number of workers in the workers’ firm are 50 years of age or older.
(II)
Whether the workers in the workers’ firm possess skills that are not easily transferable.
(III)
The competitive conditions within the workers’ industry.
(iii)
Deadline
(B)
Individual eligibility
A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
(i)
is covered by a certification under subpart A of this part;
(ii)
obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(iii)
is at least 50 years of age;
(iv)
earns not more than $50,000 a year in wages from reemployment;
(v)
is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(vi)
does not return to the employment from which the worker was separated.
(4)
Total amount of payments
(5)
Limitation on other benefits
(b)
Termination
(1)
In general
(2)
Exception
(Pub. L. 93–618, title II, § 246, as added Pub. L. 107–210, div. A, title I, § 124(a), Aug. 6, 2002, 116 Stat. 944; amended Pub. L. 108–429, title II, § 2004(a)(7), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1841(a), (b), Feb. 17, 2009, 123 Stat. 386, 389; Pub. L. 111–344, title I, § 101(c)(3), Dec. 29, 2010, 124 Stat. 3613; Pub. L. 112–40, title II, §§ 201(b), (c), 215, Oct. 21, 2011, 125 Stat. 403, 407; Pub. L. 114–27, title IV, §§ 402(b), (c), 403(c), June 29, 2015, 129 Stat. 374.)
cite as: 19 USC 2318
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