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Full Text of this Amendment

SA 854. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 738 proposed by Mr. Inouye to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 83, between lines 20 and 21, insert the following:
Sec. __. Prior to obligating or expending $118,178,100 of the funds made available under the heading "SALARIES AND EXPENSES" under the heading "Farm Service Agency" in title I, the Secretary of Agriculture shall certify to Congress that the Farm Service Agency has enforced section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a) by--

(1) reviewing information and documentation regarding the average adjusted gross income of the person or legal entity collected through procedures established by the Secretary under subsection (d)(1)(B) of that section, in cooperation with the Internal Revenue Service, in order to identify all payment recipients potentially in violation of income limitations established in that section;
(2) requiring a certification by a certified public accountant or another third party that is acceptable to the Secretary that the average adjusted gross income, average adjusted gross farm income, and average adjusted gross nonfarm income of the person or legal entity potentially in violation of income limitations does not exceed the applicable limitation;
(3) reclaiming any payments made in the 2009 or 2010 crop, fiscal, or program year, as appropriate, if the Secretary determines that a person or legal entity has failed to comply with that section and should have been denied the issuance of applicable payments and benefits under subsection (d)(2) of that section;
(4) establishing statistically valid procedures under which the Secretary shall conduct targeted audits of such persons or legal entities as the Secretary determines are most likely to exceed the limitations under that section in order to verify the accuracy of the certifications of compliance with average adjusted gross income limitations in that section; and
(5) in cases in which the Secretary believes that fraudulent or false claims have led to payments in violation of that section, referring cases to the Department of Justice for prosecution under section 1001 of title 18, United States Code.

(As printed in the Congressional Record for the Senate on Oct 18, 2011.)