S.Amdt. 854

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.
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