US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 2318

Demonstration project for alternative trade adjustment assistance for older workers

(a)

In general

(1)

Establishment

Not later than 1 year after , the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2).

(2)

Benefits

(A)

Payments

section 2313 of this titleA State shall use the funds provided to the State under 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

section 35 of title 26A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under , as added by section 201 of the Trade Act of 2002.

(3)

Eligibility

(A)

Firm eligibility

(i)

In general

section 2271 of this titleThe Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed.

(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

section 2273(a) of this titleThe Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in .

(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

The payments described in paragraph (2)(A) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period.

(5)

Limitation on other benefits

Except as provided in paragraph (2)(B), if a worker is receiving payments pursuant to the program established under paragraph (1), the worker shall not be eligible to receive any other benefits under this subchapter.

(b)

Termination

(1)

In general

1

1 See Application of Subsection (b)(1) note below.
Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(1) after the date that is 5 years after the date on which such program is implemented by the State.

(2)

Exception

Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments if the worker meets the criteria described in subsection (a)(3)(B).

Pub. L. 93–618, title II, § 246Pub. L. 107–210, div. A, title I, § 124(a)116 Stat. 944Pub. L. 108–429, title II, § 2004(a)(7)118 Stat. 2590Pub. L. 111–5, div. B, title I, § 1841(a)123 Stat. 386Pub. L. 111–344, title I, § 101(c)(3)124 Stat. 3613Pub. L. 112–40, title II125 Stat. 403Pub. L. 114–27, title IV129 Stat. 374(, as added , , ; amended , , ; , (b), , , 389; , , ; , §§ 201(b), (c), 215, , , 407; , §§ 402(b), (c), 403(c), , .)

Termination of Assistance

For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 111–5Pub. L. 111–344Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and and as in effect on , were temporarily revived, effective , until , by , §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below.

Prior Provisions

Pub. L. 93–618, title II, § 246Pub. L. 100–418, title I, § 1423(d)(1)102 Stat. 1246Pub. L. 101–382, title I, § 136104 Stat. 652Pub. L. 107–210, div. A, title I116 Stat. 944A prior section 2318, , as added , , ; amended , , , related to supplemental wage allowance demonstration projects, prior to repeal by , §§ 124(a), 151, , , 953, applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after .

Pub. L. 93–618, title II, § 24688 Stat. 2027Pub. L. 97–35, title XXV, § 2513(c)95 Stat. 889Another prior section 2318, , , , contained transition provisions for events taking place during specified periods prior to the effective date of this part, prior to repeal by , , .

Amendments

Pub. L. 114–272015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

Pub. L. 114–27Subsec. (b)(1). , §§ 403(c), 406, temporarily substituted “” for “”. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Pub. L. 112–402011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below.

Pub. L. 112–40Subsec. (a)(3)(B)(ii). , §§ 215(a)(1), 233, temporarily substituted “$50,000” for “$55,000”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (a)(5)(A)(i), (B)(i). , §§ 215(a)(2), 233, temporarily substituted “$10,000” for “$12,000”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (b)(1). , §§ 215(b), 233, temporarily substituted “” for “”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 111–3442010—Subsec. (b)(1). substituted “” for “”. See Codification note above.

Pub. L. 111–52009—, §§ 1841(a)(1), 1893, temporarily substituted “Reemployment trade adjustment assistance program” for “Demonstration project for alternative trade adjustment assistance for older workers” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(1). , §§ 1841(a)(2)(A), 1893, temporarily substituted “The Secretary” for “Not later than 1 year after , the Secretary” and “a reemployment trade adjustment assistance program” for “an alternative trade adjustment assistance program for older workers”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(A). , §§ 1841(a)(2)(B)(i)(I), 1893, temporarily substituted “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)” for “for a period not to exceed 2 years” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(A)(i), (ii). , §§ 1841(a)(2)(B)(i)(II), 1893, temporarily added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(i) the wages received by the worker from reemployment; and

“(ii) the wages received by the worker at the time of separation.”

See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(B). , §§ 1841(a)(2)(B)(ii), 1893, temporarily substituted “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)” for “for a period not to exceed 2 years” and struck out “, as added by section 201 of the Trade Act of 2002” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(C). , §§ 1841(a)(2)(B)(iii), 1893, temporarily added subpar. (C). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(3) to (7). , §§ 1841(a)(2)(C), 1893, temporarily added pars. (3) to (7) and struck out former pars. (3) to (5) which related to eligibility, total amount of payments, and limitation on other benefits, respectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (b)(1). , §§ 1841(b), 1893, temporarily substituted “.” for “the date that is 5 years after the date on which such program is implemented by the State.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (b)(2). , §§ 1841(a)(3), 1893, temporarily substituted “subsection (a)(3)” for “subsection (a)(3)(B)”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 108–429, § 2004(a)(7)(A)2004—Subsec. (a)(3)(B)(iii). , struck out “and” after semicolon.

Pub. L. 108–429, § 2004(a)(7)(B)section 2298(a)(2)(B) of this titleSubsec. (a)(5). , substituted “paragraph (2)(B)” for “”.

Pub. L. 108–429, § 2004(a)(7)(C)Subsec. (b)(2). , substituted “if” for “provided that”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .

section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .

Effective and Termination Dates of 2011 Revival

Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .

Section 233 of Pub. L. 112–40section 2271 of this titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.

Effective Date of 2010 Amendment

Pub. L. 111–344section 101(d) of Pub. L. 111–344section 2271 of this titleAmendment by effective , see , set out as a note preceding .

Effective and Termination Dates of 2009 Amendment

Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .

Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.

Effective Date

section 151 of Pub. L. 107–210section 2271 of this titleSection applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after , except as otherwise provided, see , set out as an Effective Date of 2002 Amendment note preceding .

Termination Date

section 285 of Pub. L. 93–618section 406(a) of Pub. L. 114–27section 2271 of this titleNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after , except as otherwise provided, see , as modified by , set out as notes preceding .

Application of Subsection (b)(1)

section 406(a)(4) of Pub. L. 114–27section 2271 of this titleSubsection (b)(1) of this section to be applied and administered by substituting “” for “the date that is 5 years” and all that follows through “State”, see , set out in an Effective and Termination Dates of 2015 Revival note preceding .