312 
(2) COMPLIANCE BY DHS CONTRACTORS WITH 
CONFIDENTIALITY SAFEGUARDS.— 
(A) IN
GENERAL.—Section 6103(p) of 
such Code is amended by adding at the end the 
following new paragraph: 
‘‘(9) DISCLOSURE
TO
DHS
CONTRACTORS.— 
Notwithstanding any other provision of this section, 
no return or return information shall be disclosed to 
any contractor of the Department of Homeland Se-
curity unless the Secretary of Homeland Security, to 
the satisfaction of the Secretary— 
‘‘(A) has requirements in effect which re-
quire each such contractor which would have 
access to returns or return information to pro-
vide safeguards (within the meaning of para-
graph (4)) to protect the confidentiality of such 
returns or return information; 
‘‘(B) agrees to conduct an on-site review 
every 3 years (mid-point review in the case of 
contracts or agreements of less than 1 year in 
duration) of each contractor to determine com-
pliance with such requirements; 
‘‘(C) submits the findings of the most re-
cent review conducted under subparagraph (B) 
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313 
to the Secretary as part of the report required 
by paragraph (4)(E); and 
‘‘(D) certifies to the Secretary for the most 
recent annual period that such contractor is in 
compliance with all such requirements. 
The certification required by subparagraph (D) shall 
include the name and address of each contractor, a 
description of the contract or agreement with such 
contractor, and the duration of such contract or 
agreement.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 6103(a)(3) of such Code is 
amended by striking ‘‘or (20)’’ and inserting 
‘‘(20), or (21)’’. 
(B) Section 6103(p)(3)(A) of such Code is 
amended by adding at the end the following 
new sentence: ‘‘The Commissioner of Social Se-
curity shall provide to the Secretary such infor-
mation as the Secretary may require in carrying 
out this paragraph with respect to return infor-
mation inspected or disclosed under the author-
ity of subsection (l)(21).’’. 
(C) Section 6103(p)(4) of such Code is 
amended— 
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314 
(i) by striking ‘‘or (17)’’ both places it 
appears and inserting ‘‘(17), or (21)’’; and 
(ii) by striking ‘‘or (20)’’ each place it 
appears and inserting ‘‘(20), or (21)’’. 
(D) Section 6103(p)(8)(B) of such Code is 
amended by inserting ‘‘or paragraph (9)’’ after 
‘‘subparagraph (A)’’. 
(E) Section 7213(a)(2) of such Code is 
amended by striking ‘‘or (20)’’ and inserting 
‘‘(20), or (21)’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary such sums as are nec-
essary to carry out the amendments made by this 
section. 
(2) LIMITATION
ON
VERIFICATION
RESPON-
SIBILITIES
OF
COMMISSIONER
OF
SOCIAL
SECU-
RITY.—The Commissioner of Social Security is au-
thorized to perform activities with respect to car-
rying out the Commissioner’s responsibilities in this 
title or the amendments made by this title, but only 
to the extent the Secretary has provided, in advance, 
funds to cover the Commissioner’s full costs in car-
rying out such responsibilities. In no case shall 
funds from the Federal Old-Age and Survivors In-
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315 
surance Trust Fund or the Federal Disability Insur-
ance Trust Fund be used to carry out such respon-
sibilities. 
(d) EFFECTIVE DATES.— 
(1) SOCIAL SECURITY ACT.—The amendments 
made by subsection (a) shall take effect on the date 
that is 180 days after the date of the enactment of 
this Act. 
(2) INTERNAL REVENUE CODE.— 
(A) IN GENERAL.—The amendments made 
by subsection (b) shall apply to disclosures 
made after the date of the enactment of this 
Act. 
(B) CERTIFICATIONS.—The first certifi-
cation under section 6103(p)(9)(D) of the In-
ternal Revenue Code of 1986, as added by sub-
section (b)(2), shall be made with respect to 
calendar year 2007. 
TITLE IV—NEW WORKER 
PROGRAM 
SEC. 401. NONIMMIGRANT WORKER. 
Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is 
amended to read as follows: 
‘‘(H) an alien— 
‘‘(i)(b) subject to section 212(j)(2)— 
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316 
‘‘(aa) who is coming temporarily 
to the United States to perform serv-
ices (other than services described in 
clause (ii)(a) or subparagraph (O) or 
(P)) in a specialty occupation de-
scribed in section 214(i)(1) or as a 
fashion model; 
‘‘(bb) who meets the require-
ments for the occupation specified in 
section 214(i)(2) or, in the case of a 
fashion model, is of distinguished 
merit and ability; and 
‘‘(cc) with respect to whom the 
Secretary of Labor determines and 
certifies to the Secretary of Homeland 
Security that the intending employer 
has filed an application with the Sec-
retary in accordance with section 
212(n)(1); 
‘‘(b1)(aa) who is entitled to enter the 
United States under the provisions of an 
agreement listed in section 214(g)(8)(A); 
‘‘(bb) who is engaged in a specialty 
occupation described in section 214(i)(3); 
and 
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317 
‘‘(cc) with respect to whom the Sec-
retary of Labor determines and certifies to 
the Secretary of Homeland Security and 
the Secretary of State that the intending 
employer has filed an attestation with the 
Secretary of Labor in accordance with sec-
tion 212(t)(1); or 
‘‘(c)(aa) who is coming temporarily to 
the United States to perform services as a 
registered nurse; 
‘‘(bb) who meets the qualifications de-
scribed in section 212(m)(1); and 
‘‘(cc) with respect to whom the Sec-
retary of Labor determines and certifies to 
the Secretary of Homeland Security that 
an unexpired attestation is on file and in 
effect under section 212(m)(2) for the fa-
cility (as defined in section 212(m)(6)) for 
which the alien will perform the services; 
or 
‘‘(ii)(a) who— 
‘‘(aa) has a residence in a foreign 
country which the alien has no intention of 
abandoning; and 
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318 
‘‘(bb) is coming temporarily to the 
United States to perform agricultural labor 
or services (as defined by the Secretary of 
Labor), including agricultural labor (as de-
fined in section 3121(g) of the Internal 
Revenue Code of 1986), agriculture (as de-
fined in section 3(f) of the Fair Labor 
Standards 
Act 
of 
1938 
(29 
U.S.C. 
203(f))), and the pressing of apples for 
cider on a farm, of a temporary or sea-
sonal nature; 
‘‘(b) who— 
‘‘(aa) has a residence in a foreign 
country which the alien has no inten-
tion of abandoning; 
‘‘(bb) is coming temporarily to 
the United States to perform non-
agricultural work or services of a tem-
porary or seasonal nature (if unem-
ployed persons capable of performing 
such work or services cannot be found 
in the United States), excluding med-
ical school graduates coming to the 
United States to perform services as 
members of the medical profession; or 
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ccoleman on PROD1PC60 with BILLS
319 
‘‘(c) who— 
‘‘(aa) is coming temporarily to 
the United States to initially perform 
temporary labor or services other than 
the labor or services described in 
clause (i)(b), (i)(b1), (i)(c), (ii)(a), or 
(iii), subparagraph (D), (E), (I), (L), 
(O), (P), or (R), or section 214(e) (if 
United States workers who are able, 
willing, and qualified to perform such 
labor or services cannot be found in 
the United States); and 
‘‘(bb) meets the requirements of 
section 218A, including the filing of a 
petition under such section on behalf 
of the alien; 
‘‘(iii) who— 
‘‘(a) has a residence in a foreign 
country which the alien has no inten-
tion of abandoning; and 
‘‘(b) is coming temporarily to the 
United States as a trainee (other than 
to receive graduate medical education 
or training) in a training program 
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320 
that is not designed primarily to pro-
vide productive employment; or 
‘‘(iv) who— 
‘‘(a) is the spouse or a minor 
child of an alien described in this sub-
paragraph; and 
‘‘(b) is accompanying or following 
to join such alien.’’. 
SEC. 402. ADMISSION OF NONIMMIGRANT WORKERS. 
(a) NEW WORKERS.—Chapter 2 of title II (8 U.S.C. 
1181 et seq.) is amended by inserting after section 218 
the following: 
‘‘SEC. 218A. ADMISSION OF H–2C NONIMMIGRANTS. 
‘‘(a) AUTHORIZATION.—The Secretary of State may 
grant a temporary visa to an H–2C nonimmigrant who 
demonstrates an intent to perform labor or services in the 
United States (other than the labor or services described 
in clause (i)(b), (i)(b1), (i)(c), (ii)(a), or (iii) of section 
101(a)(15)(H), subparagraph (D), (E), (I), (L), (O), (P), 
or (R) of section 101(a)(15), or section 214(e) (if United 
States workers who are able, willing, and qualified to per-
form such labor or services cannot be found in the United 
States). 
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321 
‘‘(b) REQUIREMENTS
FOR ADMISSION.—An alien 
shall be eligible for H–2C nonimmigrant status if the alien 
meets the following requirements: 
‘‘(1) ELIGIBILITY TO WORK.—The alien shall 
establish that the alien is capable of performing the 
labor or services required for an occupation de-
scribed in section 101(a)(15)(H)(ii)(c). 
‘‘(2) EVIDENCE OF EMPLOYMENT OFFER.—The 
alien’s evidence of employment shall be provided in 
accordance with the requirements issued by the Sec-
retary of State, in consultation with the Secretary of 
Labor. In carrying out this paragraph, the Secretary 
may consider evidence from employers, employer as-
sociations, and labor representatives. 
‘‘(3) FEE.—The alien shall pay a $500 visa 
issuance fee in addition to the cost of processing and 
adjudicating such application. Nothing in this para-
graph shall be construed to affect consular proce-
dures for charging reciprocal fees. 
‘‘(4) MEDICAL EXAMINATION.—The alien shall 
undergo a medical examination (including a deter-
mination of immunization status), at the alien’s ex-
pense, that conforms to generally accepted standards 
of medical practice. 
‘‘(5) APPLICATION CONTENT AND WAIVER.— 
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322 
‘‘(A) APPLICATION FORM.—The alien shall 
submit to the Secretary of State a completed 
application, which contains evidence that the re-
quirements under paragraphs (1) and (2) have 
been met. 
‘‘(B) CONTENT.—In addition to any other 
information that the Secretary requires to de-
termine an alien’s eligibility for H–2C non-
immigrant status, the Secretary of State shall 
require an alien to provide information con-
cerning the alien’s— 
‘‘(i) physical and mental health; 
‘‘(ii) criminal history and gang mem-
bership; 
‘‘(iii) immigration history; and 
‘‘(iv) involvement with groups or indi-
viduals that have engaged in terrorism, 
genocide, persecution, or who seek the 
overthrow of the United States Govern-
ment. 
‘‘(C) KNOWLEDGE.—The alien shall in-
clude with the application submitted under this 
paragraph a signed certification in which the 
alien certifies that— 
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‘‘(i) the alien has read and under-
stands all of the questions and statements 
on the application form; 
‘‘(ii) the alien certifies under penalty 
of perjury under the laws of the United 
States that the application, and any evi-
dence submitted with it, are all true and 
correct; and 
‘‘(iii) the applicant authorizes the re-
lease of any information contained in the 
application and any attached evidence for 
law enforcement purposes. 
‘‘(c) GROUNDS OF INADMISSIBILITY.— 
‘‘(1) IN GENERAL.—In determining an alien’s 
admissibility as an H–2C nonimmigrant— 
‘‘(A) paragraphs (5), (6) (except subpara-
graph (E)), (7), (9), and (10)(B) of section 
212(a) may not apply with respect to conduct 
that occurred before the effective date of the 
STRIVE Act; 
‘‘(B) the Secretary of Homeland Security 
may not waive the application of— 
‘‘(i) subparagraph (A), (B), (C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2); 
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