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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8489 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8489

   To make improvements with respect to the pricing of cattle in the 
                 United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2020

 Mr. Johnson of South Dakota (for himself, Mr. Soto, Mr. Conaway, Mr. 
     Cuellar, Mr. Lucas, Mr. Marshall, Mr. Rouzer, Mr. Thompson of 
Pennsylvania, Mr. Crawford, Mr. Gianforte, Mr. Hagedorn, Mr. Emmer, and 
    Mr. Smith of Missouri) introduced the following bill; which was 
   referred to the Committee on Agriculture, and in addition to the 
  Committees on Financial Services, Energy and Commerce, and Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To make improvements with respect to the pricing of cattle in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``Price Reform In 
Cattle Economics Act'' or the ``PRICE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Membership of the Committee on Foreign Investment in the United 
                            States.
Sec. 3. Overtime and holiday fee relief for small meat, poultry, and 
                            egg processing plants.
Sec. 4. Interstate internet sales of certain State-inspected meat 
                            allowed.
Sec. 5. Interstate internet sales of certain State-inspected poultry 
                            allowed.
Sec. 6. Assistance for new and expanded livestock or meat processors.
Sec. 7. New and expanding livestock or meat processing grants.
Sec. 8. Research on meat and poultry processing facilities.
Sec. 9. Improving farm management knowledge and skills for livestock 
                            producers.
Sec. 10. Feasibility study on implementing requirements with respect to 
                            reported negotiated cash sales of cattle to 
                            individual packing plants.
Sec. 11. Cattle contract library.
Sec. 12. Dissemination to farm and agricultural workers of information 
                            and training on best practices used to 
                            respond to the COVID-19 pandemic.
Sec. 13. Cover crops planted due to prevented planting.
Sec. 14. Emergency use of CRP land during pandemic.

SEC. 2. MEMBERSHIP OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
              STATES.

    Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 
4565(k)(2)) is amended--
            (1) by redesignating subparagraphs (H) through (J) as 
        subparagraphs (I) through (K), respectively; and
            (2) by inserting after subparagraph (G) the following:
                    ``(H) The Secretary of Agriculture.''.

SEC. 3. OVERTIME AND HOLIDAY FEE RELIEF FOR SMALL MEAT, POULTRY, AND 
              EGG PROCESSING PLANTS.

    (a) Definitions.--In this section:
            (1) Covered act.--The term ``covered Act'' means--
                    (A) the Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.);
                    (B) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.); and
                    (C) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.).
            (2) Establishment.--The term ``establishment'' means--
                    (A) a meat establishment subject to the 
                requirements of the Federal Meat Inspection Act (21 
                U.S.C. 601 et seq.);
                    (B) a poultry establishment subject to the 
                requirements of the Poultry Products Inspection Act (21 
                U.S.C. 451 et seq.); and
                    (C) an egg products processing plant subject to the 
                requirements of the Egg Products Inspection Act (21 
                U.S.C. 1031 et seq.).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) Small establishment; very small establishment.--The 
        terms ``small establishment'' and ``very small establishment'' 
        have the meaning given those terms in the final rule entitled 
        ``Pathogen Reduction; Hazard Analysis and Critical Control 
        Point (HACCP) Systems'' (61 Fed. Reg. 38806 (July 25, 1996)).
    (b) Overtime and Holiday Fees.--
            (1) In general.--Notwithstanding any other provision of 
        law, for an inspection of an establishment conducted pursuant 
        to a covered Act, the Secretary shall discount the rate 
        charged--
                    (A) by not less than 30 percent of the overtime and 
                holiday published rate in the case of a small 
                establishment; and
                    (B) by not less than 75 percent of the overtime and 
                holiday published rate in the case of a very small 
                establishment.
            (2) Rulemaking; retroactive implementation.--Not later than 
        60 days after the date of enactment of this Act, the Secretary 
        shall--
                    (A) complete a rulemaking establishing the 
                discounted rates required under paragraph (1); and
                    (B) implement those discounted rates to apply 
                retroactively to the date of enactment of this Act.
    (c) Effectiveness.--The Secretary--
            (1) shall carry out subsection (b) until the total amount 
        of funds appropriated pursuant to the authorization under 
        subsection (d) are expended; and
            (2) may carry out subsection (b) after those funds are 
        expended only to the extent and in the amount provided in 
        advance in appropriations Acts.
    (d) Funding.--There is authorized to be appropriated to carry out 
this section, $58,000,000, to remain available until expended.

SEC. 4. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED MEAT 
              ALLOWED.

    (a) In General.--Section 301(c)(2) of the Federal Meat Inspection 
Act (21 U.S.C. 661(c)(2)) is amended, by inserting after the first 
sentence, the following: ``For the purposes of this subparagraph, any 
retail store, restaurant, or similar retail-type establishment may sell 
over the internet and ship by carrier in commerce (other than for 
export to a foreign country) any State-inspected meat or meat food 
product, provided the meat or meat food product so inspected is shipped 
directly to household consumers and in normal retail quantities.''.
    (b) Conforming Amendments.--Section 301 of the Federal Meat 
Inspection Act (21 U.S.C. 661) is amended--
            (1) in subsection (a)(1), by inserting before the period at 
        the end the following: ``or for distribution pursuant to the 
        second sentence of paragraph (c)(2)''; and
            (2) in subsection (c)(2), in the first sentence, by 
        inserting ``or by'' after ``conducted at''.

SEC. 5. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED POULTRY 
              ALLOWED.

    (a) In General.--Section 5(c)(2) of the Poultry Products Inspection 
Act (21 U.S.C. 454(c)(2)) is amended, by inserting after the first 
sentence, the following: ``For the purposes of this subparagraph, any 
retail store, restaurant, or similar retail-type establishment may sell 
over the internet and ship by carrier in commerce (other than for 
export to a foreign country) any State-inspected poultry product, 
provided the poultry product so inspected is shipped directly to 
household consumers and in normal retail quantities.''.
    (b) Conforming Amendments.--Section 5 of the Poultry Products 
Inspection Act (21 U.S.C. 454) is amended--
            (1) in subsection (a)(1), by inserting before the period at 
        the end the following: ``or for distribution pursuant to the 
        second sentence of paragraph (c)(2)''; and
            (2) in subsection (c)(2), in the first sentence, by 
        inserting ``or by'' after ``conducted at''.

SEC. 6. ASSISTANCE FOR NEW AND EXPANDED LIVESTOCK OR MEAT PROCESSORS.

    (a) In General.--The Secretary of Agriculture (in this section 
referred to as the ``Secretary'') may make or guarantee a loan for the 
purpose of--
            (1) facilitating economic opportunity for livestock and 
        meat producers seeking further processing capacity and 
        diversification of processor ownership to increase 
        competitiveness in the livestock and meat industry;
            (2) increasing value-added opportunities for livestock and 
        meat production through investment in processing capacity;
            (3) improving, developing, or financing livestock and meat 
        processing activity and employment including through the 
        financing of working capital; or
            (4) promoting the interstate trade and local sales of 
        processed meat by financing improvements to meet relevant 
        Federal, State, and local regulatory standards.
    (b) Eligibility; General Limitations.--
            (1) Eligible recipient.--An entity shall be eligible for a 
        loan or guarantee under this section if the entity is--
                    (A) a public, private, or cooperative organization 
                organized on a for-profit or nonprofit basis;
                    (B) an Indian tribe on a Federal or State 
                reservation, or any other federally recognized Indian 
                tribal group; or
                    (C) an individual.
            (2) Facility location.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a facility constructed with proceeds from a loan 
                made or guaranteed under this section shall be in a 
                rural area.
                    (B) Exception.--A facility constructed with 
                proceeds from a loan made or guaranteed under this 
                section may be in a non-rural area if--
                            (i) the primary use of the loan involved is 
                        for the facility, and the facility will provide 
                        value-added processing for agricultural 
                        producers that are located within 300 miles of 
                        the facility;
                            (ii) the applicant demonstrates to the 
                        Secretary that the primary benefit of making 
                        the loan or guarantee will be to provide 
                        employment for residents of a rural area;
                            (iii) the loan involved will be used to 
                        increase the competitiveness of meat, poultry, 
                        or seafood processing in a region; and
                            (iv) the principal amount of the loan 
                        involved does not exceed $50,000,000.
                    (C) Rural area defined.--In this paragraph, the 
                term ``rural area'' has the meaning given the term in 
                section 343(a)(13) of the Consolidated Farm and Rural 
                Development Act.
            (3) Limitations.--
                    (A) Limitation on amount of loan involved.--A loan 
                of more than $50,000,000 may not be made or guaranteed 
                under this section.
                    (B) Limitation on eligibility.--A loan may not be 
                made or guaranteed under this section to an entity that 
                is owned in partnership or in whole by--
                            (i) a foreign entity; or
                            (ii) an entity that currently processes 
                        over 5 percent of the daily harvest of any 
                        species.
    (c) Special Rules Applicable With Respect to Cooperatives.--
            (1) Limitation on amount of loan involved.--
                    (A) In general.--Notwithstanding subsection (b)(3), 
                a loan of not more than $100,000,000 may be made or 
                guaranteed for a cooperative organization under this 
                section.
                    (B) Conditions applicable if loan involved is for 
                more than $50,000,000.--A loan of more than $50,000,000 
                may not be made or guaranteed for a cooperative 
                organization under this section unless the loan is used 
                to carry out a project that--
                            (i) provides for the value-added processing 
                        of agricultural commodities; or
                            (ii) significantly increases 
                        competitiveness or increases capacity where 
                        insufficient capacity exists for livestock 
                        harvest or meat processing, as determined by 
                        the Secretary.
            (2) Intangible assets.--
                    (A) In general.--In determining whether a 
                cooperative organization is eligible for a loan or 
                guarantee under this section, the Secretary may 
                consider the market value of a properly appraised brand 
                name, patent, or trademark of the cooperative.
                    (B) Accounts receivable.--In the sole discretion of 
                the Secretary, if the Secretary determines that the 
                action would not create or otherwise contribute to an 
                unreasonable risk of default or loss to the Federal 
                Government, the Secretary may take accounts receivable 
                as security for the obligations entered into in 
                connection with a loan made or guaranteed under this 
                section, and a borrower may use accounts receivable as 
                collateral to secure such a loan.
            (3) Purchase of cooperative stock.--
                    (A) In general.--The Secretary may make or 
                guarantee a loan in accordance with this section to an 
                individual farmer or rancher for the purpose of 
                purchasing capital stock of a farmer or rancher 
                cooperative established for the purpose of processing 
                an agricultural commodity.
                    (B) Processing contracts during initial period.--A 
                cooperative described in subparagraph (A) with respect 
                to which a farmer or rancher receives a guarantee to 
                purchase stock under subparagraph (A) may contract for 
                services to process agricultural commodities or 
                otherwise process value-added agricultural products, 
                during the 5-year period beginning on the date the 
                cooperative commences operations, in order to provide 
                adequate time for the planning and construction of the 
                processing facility of the cooperative.
                    (C) Financial information.--A farmer or rancher 
                from whom the Secretary requires financial information 
                as a condition of making or guaranteeing a loan under 
                subparagraph (A) shall provide the information in the 
                manner generally required by commercial agricultural 
                lenders in the geographical area in which the farmer or 
                rancher is located.
    (d) Conditions Applicable With Respect to Using Loan Involved for 
Refinancing.--A borrower may use 25 percent of a loan made or 
guaranteed under this section to refinance a loan made for a purpose 
described in subsection (a) if--
            (1) the borrower is current and performing with respect to 
        the loan to be refinanced;
            (2) the borrower has not defaulted on any payment required 
        to be made with respect to the loan to be refinanced;
            (3) none of the collateral for the loan to be refinanced 
        has been converted; and
            (4) there is adequate security or full collateral for the 
        loan to be refinanced.
    (e) Loan Appraisal.--The Secretary may require that any appraisal 
made in connection with a loan made or guaranteed under this section be 
conducted by a specialized appraiser that uses standards that are 
similar to standards used for similar purposes in the private sector, 
as determined by the Secretary.
    (f) Limitations on Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $100,000,000 
for each of fiscal years 2021 through 2023.

SEC. 7. NEW AND EXPANDING LIVESTOCK OR MEAT PROCESSING GRANTS.

    (a) In General.--The Secretary of Agriculture may make grants to--
            (1) expand, diversify, and increase competition in 
        livestock or meat processing activities;
            (2) improve compliance with livestock and meat processing 
        statutes (including the regulations issued thereunder), such as 
        the Federal Meat Inspection Act (21 U.S.C. 661) and the Poultry 
        Products Inspection Act (21 U.S.C. 454);
            (3) provide relief from financial barriers to entry into 
        the livestock and meat processing industry; and
            (4) update, expand, or otherwise improve existing 
        facilities.
    (b) Eligible Grantees.--An entity shall be eligible for a grant 
under this section if the entity is--
            (1) a governmental entity;
            (2) a public, private, or cooperative organization 
        organized on a for-profit or nonprofit basis; or
            (3) an Indian tribe on a Federal or State reservation or 
        any other federally recognized Indian tribal group.
    (c) Use of Funds.--An entity to which a grant is made under this 
section may use the grant funds for a livestock or meat producing 
business opportunity, or a new or expanded processing project, that--
            (1) identifies and analyzes business opportunities, 
        including feasibility studies as required for creditworthiness;
            (2) identifies, trains, and provides technical assistance 
        to existing or prospective rural entrepreneurs and managers or 
        processing facilities;
            (3) provides technical assistance to gain compliance with 
        Federal, State, or local regulations;
            (4) conducts regional, community, and local economic 
        development planning and coordination, and leadership 
        development; or
            (5) establishes a center for training, technology, and 
        trade that will provide training to livestock or meat 
        processing employees.
    (d) Limitations on Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $20,000,000 for 
each of fiscal years 2021 through 2023.

SEC. 8. RESEARCH ON MEAT AND POULTRY PROCESSING FACILITIES.

    Subtitle K of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by 
inserting the following:

``SEC. 1473I. RESEARCH ON MEAT AND POULTRY PROCESSING FACILITIES.

    ``(a) In General.--The Secretary, acting through the Director of 
the National Institute of Food and Agriculture, shall make competitive 
grants to land-grant colleges and universities to conduct and publish 
research on the feasibility of establishing new and expanding existing 
meat and poultry processing facilities.
    ``(b) Use of Funds.--A land-grant college or university receiving a 
grant under subsection (a) shall use grant funds to conduct research 
that identifies--
            ``(1) regional differences and availability of livestock in 
        underserved locations;
            ``(2) opportunities for varying sizes and scales of 
        processing in various locations;
            ``(3) the advantages and disadvantages of scale; and
            ``(4) the approval process (including required inspections) 
        for marketing meat and poultry products under the Federal Meat 
        Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products 
        Inspection Act (21 U.S.C. 451 et seq.) or under State law.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2021 through 2023.''.

SEC. 9. IMPROVING FARM MANAGEMENT KNOWLEDGE AND SKILLS FOR LIVESTOCK 
              PRODUCERS.

    The Food, Agriculture, Conservation, and Trade Act of 1990 is 
amended by inserting after section 1672E (7 U.S.C. 5925g) the 
following:

``SEC. 1672F. IMPROVING FARM MANAGEMENT KNOWLEDGE AND SKILLS FOR 
              LIVESTOCK PRODUCERS.

    ``(a) In General.--The Secretary shall make competitive extension 
and education grants for the purpose of improving the farm management 
knowledge and skills of livestock producers.
    ``(b) Selection Criteria.--In selecting grant recipients under this 
section, the Secretary shall give priority to applicants that--
            ``(1) demonstrate an ability to work directly with 
        livestock producers;
            ``(2) collaborate with farm management educational programs 
        and associations; and
            ``(3) include in such application a description of the 
        curriculum the applicant is seeking to carry out to educate 
        livestock producers on risk management through futures market 
        participation, crop insurance products, and other strategies.
    ``(c) Administration.--Paragraphs (4), (7), (8), and (11)(B) of 
subsection (b) of the Competitive, Special, and Facilities Research 
Grant Act (7 U.S.C. 3157(b)) shall apply with respect to the making of 
grants under this section.
    ``(d) Definition.--In this section, the term `livestock' has the 
meaning given such term in section 1501(a) of the Agricultural Act of 
2014 (7 U.S.C. 9081(a)).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2020 through 2023.''.

SEC. 10. FEASIBILITY STUDY ON IMPLEMENTING REQUIREMENTS WITH RESPECT TO 
              REPORTED NEGOTIATED CASH SALES OF CATTLE TO INDIVIDUAL 
              PACKING PLANTS.

    (a) In General.--The Secretary of Agriculture, acting through the 
Office of the Chief Economist, shall conduct a study on the feasibility 
of the implementation of requirements with respect to negotiated cash 
sales of cattle to individual packing plants required to be reported 
under chapter 2 of subtitle B of the Agricultural Marketing Act of 1946 
(7 U.S.C. 1635d et seq.). Such study shall assess the feasibility of 
implementing each of the following requirements with respect to such 
sales:
            (1) All packing plants purchase at least 50 percent of the 
        average weekly number of livestock to be slaughtered by such 
        packing plant through negotiated cash sales under which the 
        sellers of such livestock are required to deliver such 
        livestock to the packers involved within 14 days.
            (2) All packing plants purchase at least 30 percent of the 
        average weekly number of livestock to be slaughtered by such 
        packing plant through negotiated cash sales under which the 
        sellers of such livestock are required to deliver such 
        livestock to the packers involved within 14 days.
            (3) Assessments of the value of livestock be collected 
        before paying negotiated cash sellers to encourage sufficient 
        price discovery in individual regions.
            (4) The establishment of various regional targets for cash 
        sales within a 14-day delivery window at individual packing 
        plants in order to achieve sufficient price discovery.
            (5) The creation and compensation of a pool of negotiated 
        cash market traders to incentivize cash sales for greater price 
        discovery.
            (6) The potential for increased prices due to changes made 
        by the Secretary to confidentiality rules that prohibit 
        reporting in any given region or window.
            (7) Any other requirement that would encourage sufficient 
        price discovery, as determined by the Secretary.
    (b) Considerations.--The study under subsection (a) shall assess, 
with respect to each proposed requirement studied under such 
subsection--
            (1) the impact on producers, processors, and other market 
        participants subject to regulation under the Packers and 
        Stockyards Act, 1921 (7 U.S.C. 181 et seq.);
            (2) the economic cost and benefit to various segments of 
        the meatpacking industry, including cow calf producers, 
        stockers, backgrounders, farmer feeders, custom feeders, and 
        other market participants, as determined by the Secretary;
            (3) the economic cost and benefits of premiums paid and 
        received for quality factors of fed cattle;
            (4) the economic cost and benefits for cattle producers of 
        various sizes, including the impact on producers from various 
        regions;
            (5) the economic cost and benefits of price discovery to 
        the beef industry and supply chain as a whole;
            (6) the economic outcomes for consumers of beef;
            (7) the implementation cost to the Department of 
        Agriculture; and
            (8) the proposed enforcement mechanism or mechanisms.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Agriculture shall submit to 
the Committee on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate, a 
report on the findings of the study conducted under subsection (a).

SEC. 11. CATTLE CONTRACT LIBRARY.

    Section 222 of the Packers and Stockyards Act, 1921 (7 U.S.C. 198a) 
is amended--
            (1) in the heading by striking ``swine'' inserting ``cattle 
        and swine'';
            (2) in subsection (a)--
                    (A) by striking ``swine producers'' and inserting 
                ``cattle producers and swine producers''; and
                    (B) by striking ``production of swine'' and 
                inserting ``production of cattle and swine''; and
                    (C) by striking ``including swine'' and inserting 
                ``including cattle and swine'';
            (3) in subsection (b), by striking ``available to swine 
        producers'' and inserting ``available to cattle producers and 
        swine producers''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``cattle and'' 
                before ``swine'' each place it appears in subparagraphs 
                (A) and (B); and
                    (B) in paragraph (2)--
                            (i) in the heading, by striking ``swine'' 
                        and inserting ``cattle and swine''; and
                            (ii) by inserting ``cattle and'' before 
                        ``swine'' each place it appears in 
                        subparagraphs (B), (C), and (D).

SEC. 12. DISSEMINATION TO FARM AND AGRICULTURAL WORKERS OF INFORMATION 
              AND TRAINING ON BEST PRACTICES USED TO RESPOND TO THE 
              COVID-19 PANDEMIC.

    (a) In General.--Section 502(i)(1)(B) of the Rural Development Act 
of 1972 (7 U.S.C. 2662(i)(1)(B)) is amended--
            (1) in the subparagraph heading, by inserting ``and 
        agricultural worker'' before ``safety'';
            (2) in the matter preceding clause (i)--
                    (A) by inserting ``and agricultural worker'' before 
                ``safety education''; and
                    (B) by striking ``timber harvesters, and farm 
                families'' and inserting ``agricultural processors and 
                handlers, timber harvesters, farm families, and other 
                participants in the agricultural supply chain'';
            (3) in clause (iii), by striking ``dermititis'' and 
        inserting ``dermatitis'';
            (4) in clause (v), by striking ``and'' at the end;
            (5) in clause (vi), by striking the period and inserting 
        ``; and''; and
            (6) by adding at the end the following:
                            ``(vii) other relevant health and safety 
                        guidance, guidelines, requirements, or 
                        information.''.
    (b) Appropriation.--Out of any money in the Treasury of the United 
States not otherwise expended, there are appropriated to the Secretary 
of Agriculture $50,000,000 for the purpose of disseminating information 
related to the COVID-19 pandemic under section 502(i)(1)(B) of the 
Rural Development Act of 1972.
    (c) Rural Health Disruption Prioritization Flexibility.--Section 
6101(a) of the Agricultural Act of 2018 (132 Stat. 4726-4727; Public 
Law 115-334) is amended by striking paragraph (2) and redesignating 
paragraph (3) as paragraph (2).

SEC. 13. COVER CROPS PLANTED DUE TO PREVENTED PLANTING.

    Section 508A(c) of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1508a(c)) is amended--
            (1) by amending subparagraph (B) of paragraph (1) to read 
        as follows:
                    ``(B) Second crop planted.--The producer may plant 
                a second crop on the same acreage for harvest in the 
                same crop year and collect one of the following:
                            ``(i) Subject to paragraphs (4) and (5), an 
                        indemnity payment established by the 
                        Corporation for the first crop, but not to 
                        exceed 35 percent of the prevented planting 
                        guarantee for the acreage for the first crop.
                            ``(ii) An indemnity that is equal to 100 
                        percent of the prevented planting guarantee for 
                        the acreage for the first crop, if each of the 
                        following conditions are met:
                                    ``(I) The Secretary determines that 
                                the acres planted are in an area with 
                                low hay or forage supplies due to 
                                widespread excessive moisture, flood, 
                                drought, or other factors.
                                    ``(II) The second crop will be 
                                planted with an intended use of animal 
                                feed that is hayed, grazed, or chopped.
                                    ``(III) The second crop will be 
                                donated or used by the producer.''; and
            (2) in paragraph (3)--
                    (A) by inserting ``a second crop planted as 
                described in paragraph (1)(B)(ii) or'' before ``double 
                cropping''; and
                    (B) by striking ``make an election under paragraph 
                (1)(B)'' and inserting ``makes an election under 
                paragraph (1)(B)(i)''.

SEC. 14. EMERGENCY USE OF CRP LAND DURING PANDEMIC.

    Section 1233(b)(1)(B)(i)(I) of the Food Security Act of 1985 (16 
U.S.C. 3833(b)(1)(B)(i)(I)) is amended--
            (1) in the matter preceding item (aa), by striking ``or 
        other emergency,'' and inserting ``or other emergency 
        (including a pandemic),''; and
            (2) in item (cc), by inserting ``or pandemic'' after 
        ``natural disaster event''.
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