H.R. 3516 — Opportunities for Fairness in Farming Act of 2025

This section states congressional findings on agricultural checkoff programs (i.e., generic programs funded by producer assessments to promote and provide research and information for an agricultural commodity). The findings identify misuse of program funds for influencing legislation or government action, conflicts of interest, anticompetitive conduct, and lack of transparency, and assert the need for strict separation from policy entities, prohibitions on conflicts and anticompetitive activities, and enhanced transparency to ensure lawful operation.

This section establishes definitions for the Act, including (1) "Board," meaning a federal or state board, committee, council, or similar entity established to carry out a checkoff program; (2) "checkoff program," meaning a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, carried out under any of 23 specified statutes (e.g., Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.), Beef Research and Information Act (7 U.S.C. 2901 et seq.), Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.)); (3) "conflict of interest," meaning a direct or indirect financial interest in a person or entity that performs a service for or contracts with a board for economic value; and (4) "Secretary," meaning the Secretary of Agriculture. (Checkoff programs, also known as commodity promotion programs, are funded by mandatory assessments on producers or handlers to maintain and expand markets under USDA oversight.)

This section establishes requirements for boards of checkoff programs (i.e., USDA-administered programs funded by mandatory producer assessments for generic promotion, research, and information activities). Specifically, it— (1) prohibits boards of programs with annual assessment revenue exceeding $20 million from contracting with entities that influence government agriculture policy (except for research, extension, and education contracts with institutions of higher education), and bars boards, employees, and agents from conflicts of interest, anticompetitive activities, unfair or deceptive acts, or disparaging other agricultural commodities; (2) authorizes boards to enter contracts directly for authorized activities upon Secretary of Agriculture approval; (3) requires contractors to provide boards with quarterly records of funds, goods, services, and costs, which boards must maintain and publish for public inspection within 30 days; (4) mandates immediate public disclosure of Secretary-approved budgets and disbursements, including amounts, purposes, recipients, and subcontractors; and (5) directs the USDA Inspector General to audit each program's compliance starting no later than two years after enactment and every five years thereafter (including record reviews), with reports to specified congressional committees and the Comptroller General; and requires the Comptroller General to audit compliance and improvements 3-5 years after enactment, with recommendations considering Inspector General reports.

This section includes a severability clause, providing that if any provision of this Act or its application to any person or circumstance is held unconstitutional, the remainder of the Act and the application of the provision to other persons or circumstances shall not be affected.