II 

117TH CONGRESS 

1ST SESSION S. 359 

To amend the Federal Crop Insurance Act to modify prevented planting 

coverage. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2021 

Mr. HOEVEN (for himself and Ms. BALDWIN) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Federal Crop Insurance Act to modify 

prevented planting coverage. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Feed Emergency En5 hancement During Disasters with Cover Crops Act of 

6 2021’’ or the ‘‘FEEDD Act of 2021’’. 

7 SEC. 2. SECOND CROP PLANTED. 

8 Section 508A(c) of the Federal Crop Insurance Act 

9 (7 U.S.C. 1508a(c)) is amended— 


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1 (1) in paragraph (1), by striking subparagraph 

2 (B) and inserting the following: 

3 ‘‘(B) SECOND CROP PLANTED.—The pro4 ducer may— 

5 ‘‘(i) plant a second crop on the same 

6 acreage for harvest in the same crop year; 

7 and 

8 ‘‘(ii) collect, subject to paragraphs (4) 

9 and (5)— 

10 ‘‘(I) an indemnity payment estab11 lished by the Corporation for the first 

12 crop, but not to exceed 35 percent of 

13 the prevented planting guarantee for 

14 the acreage for the first crop; or 

15 ‘‘(II) an indemnity payment that 

16 is equal to 100 percent of the pre17 vented planting guarantee for the 

18 acreage for the first crop, if the sec19 ond crop— 

20 ‘‘(aa) is a cover crop, as de21 termined by the Secretary; 

22 ‘‘(bb) is planted in an area 

23 with low hay or forage supplies 

24 due to widespread excessive mois25 ture, flood, drought, or other facVerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S359.IS S359

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1 tors, as determined by the Sec2 retary; 

3 ‘‘(cc) is planted with an in4 tended use of animal feed that is 

5 hayed, grazed, or chopped; and 

6 ‘‘(dd) will be donated or 

7 used by the producer.’’; 

8 (2) in paragraph (3), by striking ‘‘Except’’ and 

9 all that follows through ‘‘paragraph (1)(B)’’ and in10 serting ‘‘Except in the case of a second crop planted 

11 as described in subitems (aa) through (dd) of para12 graph (1)(B)(ii)(II) or double cropping described in 

13 subsection (d), if a producer makes an election 

14 under paragraph (1)(B)(ii)(I)’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(6) INDEMNITY PAYMENTS DURING HAYING, 

17 GRAZING, OR CHOPPING.— 

18 ‘‘(A) DEFINITION OF HARVEST DATE.—In 

19 this paragraph, the term ‘harvest date’ means 

20 a date— 

21 ‘‘(i) determined by the Secretary for 

22 purposes of subparagraph (C); and 

23 ‘‘(ii) that may differ based on the re24 gion of the United States for which the 

25 date is established. 


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1 ‘‘(B) ANNUAL ESTABLISHMENT OF HAR2 VEST DATE.—The Secretary shall establish a 

3 harvest date for each region of the United 

4 States by crop year, taking into account current 

5 and regularly updated forward-looking meteoro6 logical data. 

7 ‘‘(C) NO REDUCTION IN INDEMNITY PAY8 MENTS.—For the purposes of paragraph 

9 (1)(B)(ii)(I), the Secretary shall not reduce the 

10 amount of an indemnity payment collected by a 

11 producer that hays, grazes, or chops cover 

12 crops, as determined by the Secretary, on pre13 vented planting acres after the harvest date ap14 plicable to the region in which the prevented 

15 planting acres are located.’’. 

Æ 


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