137 
‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 
into the Trust Fund on behalf of an H–2A non-
immigrant, 
and 
held 
pursuant 
to 
paragraph 
(2)(A)(i) and interest earned thereon, shall be paid 
by the Secretary of State to the worker if— 
‘‘(A) the worker applies to the Secretary of 
State (or the designee of such Secretary) for 
payment within 30 days of the expiration of the 
alien’s last authorized stay in the United States 
as an H–2A nonimmigrant at a United States 
embassy or consulate in the worker’s home 
country; 
‘‘(B) in such application the worker estab-
lishes that the worker has complied with the 
terms and conditions of the H–2A program; 
and 
‘‘(C) in connection with the application, 
the worker tenders the identification and em-
ployment authorization card issued to the work-
er pursuant to subsection (p) and establishes 
that the worker is identified as the person to 
whom the card was issued based on the biomet-
ric identification information contained on the 
card. 
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138 
‘‘(4) 
ADMINISTRATIVE
EXPENSES.—The 
amounts paid into the Trust Fund and held pursu-
ant to paragraph (2)(A)(ii), and interest earned 
thereon, shall be paid to the Secretary of State, the 
Secretary of Labor, and the Secretary of Homeland 
Security in amounts equivalent to the expenses in-
curred by such officials in the administration of the 
H–2A program. 
‘‘(s) INVESTMENT OF TRUST FUND.— 
‘‘(1) IN GENERAL.—It shall be the duty of the 
Secretary of the Treasury to invest such portion of 
the Trust Fund as is not, in the Secretary’s judg-
ment, required to meet current withdrawals. Such 
investments may be made only in interest-bearing 
obligations of the United States or in obligations 
guaranteed as to both principal and interest by the 
United States. For such purpose, such obligations 
may be acquired— 
‘‘(A) on original issue at the price; or 
‘‘(B) by purchase of outstanding obliga-
tions at the market price. 
The purposes for which obligations of the United 
States may be issued under chapter 31 of title 31, 
United States Code, are hereby extended to author-
ize the issuance at par of special obligations exclu-
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139 
sively to the Trust Fund. Such special obligations 
shall bear interest at a rate equal to the average 
rate of interest, computed as to the end of the cal-
endar month next preceding the date of such issue, 
borne by all marketable interest-bearing obligations 
of the United States then forming a part of the pub-
lic debt, except that where such average rate is not 
a multiple of one-eighth of 1 percent next lower than 
such average rate. Such special obligations shall be 
issued only if the Secretary of the Treasury deter-
mines that the purchase of other interest-bearing ob-
ligations of the United States, or of obligations 
guaranteed as to both principal and interest by the 
United States on original issue or at the market 
price, is not in the public interest. 
‘‘(2) SALE OF OBLIGATION.—Any obligation ac-
quired by the Trust Fund (except special obligations 
issued exclusively to the Trust Fund) may be sold by 
the Secretary of the Treasury at the market price, 
and such special obligations may be redeemed at par 
plus accrued interest. 
‘‘(3) CREDITS TO TRUST FUND.—The interest 
on, and the proceeds from the sale or redemption of, 
any obligations held in the Trust Fund shall be 
credited to and form a part of the Trust Fund. 
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