,i #aafth ,,congress #b;d ,session ,h4 ,r4 #eefc ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjbj,ms4 ,titus introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to prohibit certain practices relating to certain commodity promotion programs1 to require greater transparency by those programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,opportunities for ,fairness in ,farming ,act of #bjbj4 #b4 ,findings ,congress finds that-- 7#a7 the generic programs to promote and provide research and information for an agricultural commodity 7commonly known as checkoff programs7 are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity2 7#b7 although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action1 checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby2 7#c7 the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others2 7#d7 to more effectively prevent ,boards from using funds for unlawful purposes1 strict separation of engagement between the ,boards and policy entities is necessary2 7#e7 conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others2 7#f7 prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs2 7#g7 checkoff programs are designed to promote agricultural commodities1 not to damage other types of agricultural commodities through anticompetitive conduct or otherwise2 7#h7 prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs2 7#i7 lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered2 and 7#aj7 requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs4 #c4 ,definitions ,in this ,act3 7#a7 ,board ,the term ,board means a board1 committee1 or similar entity established to carry out a checkoff program or an order issued by the ,secretary under a checkoff program4 7#b7 ,checkoff program ,the term checkoff program means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands1 including a program carried out under any of the following3 7,a7 ,the ,cotton ,research and ,promotion ,act 7#g ,u4,s4,c4 #baja et seq474 7,b7 ,the ,potato ,research and ,promotion ,act 7#g ,u4,s4,c4 #bfaa et seq474 7,c7 ,the ,egg ,research and ,consumer ,information ,act 7#g ,u4,s4,c4 #bgja et seq474 7,d7 ,the ,beef ,research and ,information ,act 7#g ,u4,s4,c4 #bija et seq474 7,e7 ,the ,wheat and ,wheat ,foods ,research and ,nutrition ,education ,act 7#g ,u4,s4,c4 #cdja et seq474 7,f7 ,the ,floral ,research and ,consumer ,information ,act 7#g ,u4,s4,c4 #dcja et seq474 7,g7 ,subtitle ,b of the ,dairy ,production ,stabilization ,act of #aihc 7#g ,u4,s4,c4 #deja et seq474 7,h7 ,the ,honey ,research1 ,promotion1 and ,consumer ,information ,act 7#g ,u4,s4,c4 #dfja et seq474 7,i7 ,the ,pork ,promotion1 ,research1 and ,consumer ,information ,act of #aihe 7#g ,u4,s4,c4 #dhja et seq474 7,j7 ,the ,watermelon ,research and ,promotion ,act 7#g ,u4,s4,c4 #dija et seq474 7,k7 ,the ,pecan ,promotion and ,research ,act of #aiij 7#g ,u4,s4,c4 #fjja et seq474 7,l7 ,the ,mushroom ,promotion1 ,research1 and ,consumer ,information ,act of #aiij 7#g ,u4,s4,c4 #faja et seq474 7,m7 ,the ,lime ,research1 ,promotion1 and ,consumer ,information ,act of #aiij 7#g ,u4,s4,c4 #fbja et seq474 7,n7 ,the ,soybean ,promotion1 ,research1 and ,consumer ,information ,act 7#g ,u4,s4,c4 #fcja et seq474 7,o7 ,the ,fluid ,milk ,promotion ,act of #aiij 7#g ,u4,s4,c4 #fdja et seq474 7,p7 ,the ,fresh ,cut ,flowers and ,fresh ,cut ,greens ,promotion and ,information ,act of #aiic 7#g ,u4,s4,c4 #fhja et seq474 7,q7 ,the ,sheep ,promotion1 ,research1 and ,information ,act of #aiid 7#g ,u4,s4,c4 #gaja et seq474 7,r7 ,section #eja of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gdja et seq474 7,s7 ,the ,commodity ,promotion1 ,research1 and ,information ,act of #aiif 7#g ,u4,s4,c4 #gdaa et seq474 7,t7 ,the ,canola and ,rapeseed ,research1 ,promotion1 and ,consumer ,information ,act 7#g ,u4,s4,c4 #gdda et seq474 7,u7 ,the ,national ,kiwifruit ,research1 ,promotion1 and ,consumer ,information ,act 7#g ,u4,s4,c4 #gdfa et seq474 7,v7 ,the ,popcorn ,promotion1 ,research1 and ,consumer ,information ,act 7#g ,u4,s4,c4 #gdha et seq474 7,w7 ,the ,hass ,avocado ,promotion1 ,research1 and ,information ,act of #bjjj 7#g ,u4,s4,c4 #ghja et seq474 7#c7 ,conflict of interest ,the term conflict of interest means a direct or indirect financial interest in a person or entity that performs a service for1 or enters into a contract or agreement with1 a ,board for anything of economic value4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #d4 ,requirements of checkoff programs 7a7 ,prohibitions 7#a7 ,in general ,except as provided in paragraph 7#d71 a ,board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture4 7#b7 ,conflict of interest ,a ,board shall not engage in1 and shall prohibit the employees and agents of the ,board1 acting in their official capacity1 from engaging in1 any act that may involve a conflict of interest4 7#c7 ,other prohibitions ,a ,board shall not engage in1 and shall prohibit the employees and agents of the ,board1 acting in their official capacity1 from engaging in-- 7,a7 any anticompetitive activity2 7,b7 any unfair or deceptive act or practice2 or 7,c7 any act that may be disparaging to1 or in any way negatively portray1 another agricultural commodity or product4 7#d7 ,exception for certain contracts with insitutions of higher education ,paragraph 7#a7 shall not apply to a contract or agreement entered into between a ,board and an institution of higher education for the purpose of research4 7b7 ,authority ,to enter into contracts ,notwithstanding any other provision of law1 on approval of the ,secretary1 a ,board may enter directly into contracts and agreements to carry out generic promotion1 research1 or other activities authorized by law4 7c7 ,production of records 7#a7 ,in general ,each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the ,board accurate records that account for all funds received under the contract or agreement1 including any goods or services provided or costs incurred in connection with the contract or agreement4 7#b7 ,maintenance of records ,a ,board shall maintain any records received under paragraph 7#a74 7d7 ,publication of budgets and disbursements 7#a7 ,in general ,the ,board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the ,board that are approved by the ,secretary1 immediately on approval by the ,secretary4 7#b7 ,required disclosures ,in carrying out paragraph 7#a71 the ,board shall disclose-- 7,a7 the amount of the disbursement2 7,b7 the purpose of the disbursement1 including the activities to be funded by the disbursement2 7,c7 the identity of the recipient of the disbursement2 and 7,d7 the identity of any other parties that may receive the disbursed funds1 including any contracts or subcontractors of the recipient of the disbursement4 7e7 ,audits 7#a7 ,periodic audits by ,inspector ,general of ,,usda 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and not less frequently than every #e years thereafter1 the ,inspector ,general of the ,department of ,agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit4 7,b7 ,review of records ,an audit conducted under subparagraph 7,a7 shall include a review of any records produced to the ,board under subsection 7c77#a74 7,c7 ,submission of reports ,on completion of each audit under subparagraph 7,a71 the ,inspector ,general of the ,department of ,agriculture shall-- 7i7 prepare a report describing the audit2 and 7ii7 submit the report described in clause 7i7 to-- 7,i7 the appropriate committees of ,congress1 including the ,subcommittee on ,antitrust1 ,competition ,policy and ,consumer ,rights of the ,committee on the ,judiciary of the ,senate2 and 7,,ii7 the ,comptroller ,general of the ,united ,states4 7#b7 ,audit by ,comptroller ,general 7,a7 ,in general ,not earlier than #c years1 and not later than #e years1 after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7i7 conduct an audit to assess-- 7,i7 the status of actions taken for each checkoff program to ensure compliance with this section2 and 7,,ii7 the extent to which actions described in subclause 7,i7 have improved the integrity of a checkoff program2 and 7ii7 prepare a report describing the audit conducted under clause 7i71 including any recommendations for-- 7,i7 strengthening the effect of actions described in clause 7i77,i72 and 7,,ii7 improving ,federal legislation relating to checkoff programs4 7,b7 ,consideration of ,inspector ,general reports ,the ,comptroller ,general of the ,united ,states shall consider reports described in paragraph 7#a77;,c7 in preparing any recommendations in the report under subparagraph 7,a77ii74 #e4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 and the application of the provision to any other person or circumstance1 shall not be affected4