The Commissioner shall provide the results of such 
search or manipulation to the Secretary, notwith-
standing any other provision law (including section 
6103 of the Internal Revenue Code of 1986). 
‘‘(B) The Secretary shall transfer to the Com-
missioner the funds necessary to cover the costs di-
rectly incurred by the Commissioner in carrying out 
each search or manipulation requested by the Sec-
retary under subparagraph (A).’’. 
(c) FALSE CLAIMS OF CITIZENSHIP BY NATIONALS 
OF THE UNITED STATES.—Section 212(a)(6)(C)(ii)(I) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(ii)(I)) is amended by inserting ‘‘or na-
tional’’ after ‘‘citizen’’. 
SEC. 362. ADDITIONAL WORKSITE ENFORCEMENT AND 
FRAUD DETECTION AGENTS. 
(a) WORKSITE ENFORCEMENT.—The Secretary of 
Homeland Security shall, subject to the availability of ap-
propriations for such purpose, annually increase, by not 
fewer than 2,000, the number of positions dedicated to 
enforcing compliance with sections 274 and 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324 and 
1324a) during the five year period beginning on October 
1, 2008. 
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(b) FRAUD DETECTION.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase by not fewer than 1,000 
the number of positions for Immigration Enforcement 
Agents dedicated to immigration fraud detection during 
the five year period beginning on October 1, 2008. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security for each of fiscal years 2008 through 
2012 such sums as may be necessary to carry out this 
section. 
TITLE 
IV—TEMPORARY 
AGRI-
CULTURAL 
WORKER 
PRO-
GRAM 
SEC. 401. ADMISSION OF TEMPORARY H–2A WORKERS. 
(a) PROCEDURE FOR ADMISSION.—Section 218 of 
the Immigration and Nationality Act (8 U.S.C. 1188) is 
amended to read as follows: 
‘‘ADMISSION OF TEMPORARY H–2A WORKERS 
‘‘SEC. 218. (a) DEFINITIONS.—In this section: 
‘‘(1) AREA OF EMPLOYMENT.—The term ‘area 
of employment’ means the area within normal com-
muting distance of the worksite or physical location 
where the work of the H–2A worker is or will be 
performed. If such work site or location is within a 
Metropolitan Statistical Area, any place within such 
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100 
area shall be considered to be within the area of em-
ployment. 
‘‘(2) DISPLACE.—The term ‘displace’ means to 
lay off a worker from a job that is essentially equiv-
alent to the job for which an H–2A worker is 
sought. A job shall not be considered to be ‘essen-
tially equivalent’ to another job unless the job— 
‘‘(A) involves essentially the same respon-
sibilities as such other job; 
‘‘(B) was held by a United States worker 
with substantially equivalent qualifications and 
experience; and 
‘‘(C) is located in the same area of employ-
ment as the other job. 
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is not an unau-
thorized alien (as defined in section 274A(h)(3)) 
with respect to the employment of the individual. 
‘‘(4) EMPLOYER.—The term ‘employer’ means 
an employer who hires workers to perform agricul-
tural employment. 
‘‘(5) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
‘‘(6) LAY OFF.— 
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101 
‘‘(A) IN GENERAL.—The term ‘lay off’— 
‘‘(i) means to cause a worker’s loss of 
employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, or the ex-
piration of a grant or contract (other than 
a temporary employment contract entered 
into in order to evade a condition described 
in paragraph (3) or (7) of subsection (b)); 
and 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
lar employment opportunity with the same 
employer (or, in the case of a placement of 
a worker with another employer under sub-
section (h)(2), with either employer de-
scribed in such subsection) at equivalent or 
higher compensation and benefits than the 
position from which the employee was dis-
charged, regardless of whether or not the 
employee accepts the offer. 
‘‘(B) CONSTRUCTION.—Nothing in this 
paragraph is intended to limit an employee’s 
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