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19 U.S.C. § 2320 — Demonstration project for alternative trade adjustment assistance for older workers
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2313&num=0&edition=prelim) 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* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section35&num=0&edition=prelim), as added by section 201 of the Trade Act of 2002.
(3) **Eligibility**
(A) *Firm eligibility*
(i) *In general* — The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) 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 crite
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Stable record: federal_law:legal_authorities:record_usc_a9151c53aedb2edc116e627a
Source file: Laws/federal/codes/united-states-code/title-19/section-2320-demonstration-project-for-alternative-trade-adjustment-assistance-for-ol--bb334b8a8d.md
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Passage SHA-256: 59975c327afb7c4b7be6a6f8e8c2d53401f6b6e5909d68bf51c946df1cc72a87
Source location: Title 19, Chapter 12, § 2320; chapter-012-trade-act-of-1974.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2313&num=0&edition=prelim) 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* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section35&num=0&edition=prelim), as added by section 201 of the Trade Act of 2002.
(3) **Eligibility**
(A) *Firm eligibility*
(i) *In general* — The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) 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* — The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in [section 2273(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273/a&num=0&edition=prelim).
(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** — 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.11 See Application of Subsection (b)(1) note below.
(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary to enter into agreements** The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as “cooperating States” and “cooperating States agencies” respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this part, (2) where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services, (3) will make any certifications required under section 2291(c)(2) 11 See References in Text note below. of this title, and (4) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.
**(b) Amendment, suspension, and termination of agreements** Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.
**(c) Unemployment insurance** Each agreement under this subpart shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this part.
**(d) Review** A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.
**(e) Coordination of benefits and assistance** Any agreement entered into under this section shall provide for the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 72.5 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year.
**(b) Eligible coverage month** For purposes of this section—
(1) **In general** — The term “eligible coverage month” means any month if—
(A) as of the first day of such month, the taxpayer—
(i) is an eligible individual,
(ii) is covered by qualified health insurance, the premium for which is paid by the taxpayer,
(iii) does not have other specified coverage, and
(iv) is not imprisoned under Federal, State, or local authority, and
(B) such month begins more than 90 days after the date of the enactment of the Trade Act of 2002, and before January 1, 2022.
(2) **Joint returns** — In the case of a joint return, the requirements of paragraph (1)(A) shall be treated as met with respect to any month if at least 1 spouse satisfies such requirements.
**(c) Eligible individual** For purposes of this section—
(1) **In general** — The term “eligible individual” means—
(A) an eligible TAA recipient,
(B) an eligible alternative TAA recipient, and
(C) an eligible PBGC pension recipient.
(2) **Eligible TAA recipient**
(A) *In general* — Except as provided in subparagraph (B), the term “eligible TAA recipient” means, with respect to any month, any individual who is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II of the Trade Act of 1974 or who would be eligible to receive such allowance if section 231 of such Act were applied without regard to subsection (a)(3)(
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Federal law — U.S. Code and appendices · legal_authorities
Page 622
TITLE 19—CUSTOMS DUTIES
§ 2320
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 as in effect on Feb. 12,
2011, were temporarily revived, effective Oct. 21, 2011,
until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See
2009 and 2011 Amendment notes, Effective and Termi-
nation Dates of 2009 Amendment notes, and Effective
and Termination Dates of 2011 Revival notes below.
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.
Par. (19). Pub. L. 114–27, §§ 404(c), 406, temporarily
added par. (19). See Codification note above and Effec-
tive 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 Amend-
ment and Effective and Termination Dates of 2011 Re-
vival notes below.
Par. (3). Pub. L. 112–40, §§ 211(b)(1)(A), 233, temporarily
substituted ‘‘The term’’ for ‘‘Subject to section
2272(d)(5) of this title, the term’’ in introductory provi-
sions. See Codification note above and Effective and
Termination Dates of 2011 Revival note bel
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2320
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