19 U.S.C. § 2318 — Demonstration project for alternative

Page 618 TITLE 19—CUSTOMS DUTIES § 2318 Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–89, § 1(e), Sept. 28, 2007, 121 Stat. 982, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 2346 and 2401g of this title and provisions set out as a note preceding sec- tion 2271 of this title] shall be effective as of October 1, 2007.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 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 Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319, provided that: ‘‘The amendments made by this section [amending this section and sections 2331 and 2346 of this title and pro- visions set out as a note preceding section 2271 of this title] shall be effective as of July 1, 1999.’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as a note under section 2271 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Parts 2 and 3 of this subchapter to be applied as if the amendment of this section by Pub. L. 99–272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, set out as a note under section 2291 of this title. EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. APPLICATION OF SUBSECTION (a) Subsection (a) of this section to be applied and ad- ministered by substituting ‘‘June 30, 2022’’ for ‘‘Decem- ber 31, 2007’’, see section 406(a)(3) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Re- vival note preceding section 2271 of this title. § 2318. Demonstration project for alternative trade adjustment assistance for older work- ers (a) In general (1) Establishment Not later than 1 year after August 6, 2002, 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 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 work- er 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 A 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 section 35 of title 26, as added by section 201 of the Trade Act of 2002. (3) Eligibility (A) Firm eligibility (i) In general The Secretary shall provide the oppor- tunity for a group of workers on whose be- half a petition is filed under section 2271 of this title 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 alter- native trade adjustment assistance pro- gram, the Secretary shall consider the fol- lowing 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 work- ers’ firm possess skills that are not eas- ily transferable. Page 619 TITLE 19—CUSTOMS DUTIES § 2318 1 See Application of Subsection (b)(1) note below. (III) The competitive conditions within the workers’ industry. (iii) Deadline The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assist- ance program by the date specified in sec- tion 2273(a) of this title. (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 alter- native 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 Except as provided in paragraph (2), no pay- ments may be made by a State under the pro- gram established under subsection (a)(1) after the date that is 5 years after the date on which such program is implemented by the State.1 (2) Exception Notwithstanding paragraph (1), a worker re- ceiving payments under the program estab- lished under subsection (a)(1) on the termi- nation date described in paragraph (1) shall continue to receive such payments if the worker meets the criteria described in sub- section (a)(3)(B). (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.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Editorial Notes CODIFICATION Section reflects the July 1, 2021, reversion to provi- sions in effect on Jan. 1, 2014. See Effective and Termi- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 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. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and Pub. L. 111–344 and as in effect on Feb. 12, 2011, were temporarily revived, effec- tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amend- ment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below. PRIOR PROVISIONS A prior section 2318, Pub. L. 93–618, title II, § 246, as added Pub. L. 100–418, title I, § 1423(d)(1), Aug. 23, 1988, 102 Stat. 1246; amended Pub. L. 101–382, title I, § 136, Aug. 20, 1990, 104 Stat. 652, related to supplemental wage allowance demonstration projects, prior to repeal by Pub. L. 107–210, div. A, title I, §§ 124(a), 151, Aug. 6, 2002, 116 Stat. 944, 953, applicable to petitions for cer- tification filed under this part or part 3 of this sub- chapter on or after the date that is 90 days after Aug. 6, 2002. Another prior section 2318, Pub. L. 93–618, title II, § 246, Jan. 3, 1975, 88 Stat. 2027, contained transition pro- visions for events taking place during specified periods prior to the effective date of this part, prior to repeal by Pub. L. 97–35, title XXV, § 2513(c), Aug. 13, 1981, 95 Stat. 889. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. Subsec. (b)(1). Pub. L. 114–27, §§ 403(c), 406, tempo- rarily substituted ‘‘June 30, 2021’’ for ‘‘December 31, 2013’’. See Codification note above and Effective and Termination Dates of 2015 Revival note below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (a)(3)(B)(ii). Pub. L. 112–40, §§ 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. Subsec. (a)(5)(A)(i), (B)(i). Pub. L. 112–40, §§ 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. Subsec. (b)(1). Pub. L. 112–40, §§ 215(b), 233, tempo- rarily substituted ‘‘December 31, 2013’’ for ‘‘February 12, 2011’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Page 620 TITLE 19—CUSTOMS DUTIES § 2319 2010—Subsec. (b)(1). Pub. L. 111–344 substituted ‘‘Feb- ruary 12, 2011’’ for ‘‘December 31, 2010’’. See Codifica- tion note above. 2009—Pub. L. 111–5, §§ 1841(a)(1), 1893, temporarily sub- stituted ‘‘Reemployment trade adjustment assistance program’’ for ‘‘Demonstration project for alternative trade adjustment assistance for older workers’’ in sec- tion catchline. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 111–5, §§ 1841(a)(2)(A), 1893, tem- porarily substituted ‘‘The Secretary’’ for ‘‘Not later than 1 year after August 6, 2002, the Secretary’’ and ‘‘a reemployment trade adjustment assistance program’’ for ‘‘an alternative trade adjustment assistance pro- gram for older workers’’. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 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 Amend- ment note below. Subsec. (a)(2)(A)(i), (ii). Pub. L. 111–5, §§ 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 reemploy- ment; and ‘‘(ii) the wages received by the worker at the time of separation.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(2)(B). Pub. L. 111–5, §§ 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 Amend- ment note below. Subsec. (a)(2)(C). Pub. L. 111–5, §§ 1841(a)(2)(B)(iii), 1893, temporarily added subpar. (C). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3) to (7). Pub. L. 111–5, §§ 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. Subsec. (b)(1). Pub. L. 111–5, §§ 1841(b), 1893, tempo- rarily substituted ‘‘December 31, 2010.’’ 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. Subsec. (b)(2). Pub. L. 111–5, §§ 1841(a)(3), 1893, tempo- rarily substituted ‘‘subsection (a)(3)’’ for ‘‘subsection (a)(3)(B)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (a)(3)(B)(iii). Pub. L. 108–429, § 2004(a)(7)(A), struck out ‘‘and’’ after semicolon. Subsec. (a)(5). Pub. L. 108–429, § 2004(a)(7)(B), sub- stituted ‘‘paragraph (2)(B)’’ for ‘‘section 2298(a)(2)(B) of this title’’. Subsec. (b)(2). Pub. L. 108–429, § 2004(a)(7)(C), sub- stituted ‘‘if’’ for ‘‘provided that’’. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE Section 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 Aug. 6, 2002, except as oth- erwise provided, see section 151 of Pub. L. 107–210, set out as an Effective Date of 2002 Amendment note pre- ceding section 2271 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a) of Pub. L. 114–27, set out as notes pre- ceding section 2271 of this title. APPLICATION OF SUBSECTION (b)(1) Subsection (b)(1) of this section to be applied and ad- ministered by substituting ‘‘June 30, 2022’’ for ‘‘the date that is 5 years’’ and all that follows through ‘‘State’’, see section 406(a)(4) of Pub. L. 114–27, set out in an Ef- fective and Termination Dates of 2015 Revival note pre- ceding section 2271 of this title. § 2319. Definitions For purposes of this part— (1) The term ‘‘adversely affected employ- ment’’ means employment in a firm or appro- priate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for ad- justment assistance under this part. (2) The term ‘‘adversely affected worker’’ means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or