I 117TH CONGRESS 1ST SESSION H. R. 1240 To amend the Federal Crop Insurance Act to modify prevented planting coverage. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 23, 2021 Mr. JOHNSON of South Dakota (for himself and Ms. CRAIG) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to modify prevented planting coverage. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Feed Emergency En- 4 hancement During Disasters with Cover Crops Act of 5 2021’’ or the ‘‘FEEDD Act of 2021’’. 6 SEC. 2. SECOND CROP PLANTED. 7 Section 508A(c) of the Federal Crop Insurance Act 8 (7 U.S.C. 1508a(c)) is amended— 9 VerDate Sep 11 2014 21:19 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1240.IH H1240 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1240 IH (1) in paragraph (1), by striking subparagraph 1 (B) and inserting the following: 2 ‘‘(B) SECOND CROP PLANTED.—The pro- 3 ducer may— 4 ‘‘(i) plant a second crop on the same 5 acreage for harvest in the same crop year; 6 and 7 ‘‘(ii) collect, subject to paragraphs (4) 8 and (5)— 9 ‘‘(I) an indemnity payment estab- 10 lished by the Corporation for the first 11 crop, but not to exceed 35 percent of 12 the prevented planting guarantee for 13 the acreage for the first crop; or 14 ‘‘(II) an indemnity payment that 15 is equal to 100 percent of the pre- 16 vented planting guarantee for the 17 acreage for the first crop, if the sec- 18 ond crop— 19 ‘‘(aa) is a cover crop, as de- 20 termined by the Secretary; 21 ‘‘(bb) is planted in an area 22 with low hay or forage supplies 23 due to widespread excessive mois- 24 ture, flood, drought, or other fac- 25 VerDate Sep 11 2014 21:19 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1240.IH H1240 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1240 IH tors, as determined by the Sec- 1 retary; 2 ‘‘(cc) is planted with an in- 3 tended use of animal feed that is 4 hayed, grazed, or chopped; and 5 ‘‘(dd) will be donated or 6 used by the producer.’’; 7 (2) in paragraph (3), by striking ‘‘Except’’ and 8 all that follows through ‘‘paragraph (1)(B)’’ and in- 9 serting ‘‘Except in the case of a second crop planted 10 as described in subitems (aa) through (dd) of para- 11 graph (1)(B)(ii)(II) or double cropping described in 12 subsection (d), if a producer makes an election 13 under paragraph (1)(B)(ii)(I)’’; and 14 (3) by adding at the end the following: 15 ‘‘(6) INDEMNITY PAYMENTS DURING HAYING, 16 GRAZING, OR CHOPPING.— 17 ‘‘(A) DEFINITION OF HARVEST DATE.—In 18 this paragraph, the term ‘harvest date’ means 19 a date— 20 ‘‘(i) determined by the Secretary for 21 purposes of subparagraph (C); and 22 ‘‘(ii) that may differ based on the re- 23 gion of the United States for which the 24 date is established. 25 VerDate Sep 11 2014 21:19 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1240.IH H1240 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1240 IH ‘‘(B) ANNUAL ESTABLISHMENT OF HAR- 1 VEST DATE.—The Secretary shall establish a 2 harvest date for each region of the United 3 States by crop year, taking into account current 4 and regularly updated forward-looking meteoro- 5 logical data. 6 ‘‘(C) NO REDUCTION IN INDEMNITY PAY- 7 MENTS.—For the purposes of paragraph 8 (1)(B)(ii)(I), the Secretary shall not reduce the 9 amount of an indemnity payment collected by a 10 producer that hays, grazes, or chops cover 11 crops, as determined by the Secretary, on pre- 12 vented planting acres after the harvest date ap- 13 plicable to the region in which the prevented 14 planting acres are located.’’. 15 Æ VerDate Sep 11 2014 21:19 Mar 31, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1240.IH H1240 pbinns on DSKJLVW7X2PROD with BILLS