S. 1458Senate117th Congress (2021-2023)In Committee

Cover Crop Flexibility Act of 2021

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced April 29, 2021

AI-Generated Summary

Updated February 8, 2026 at 2:24 AM UTC

The Cover Crop Flexibility Act of 2021 amends the Federal Crop Insurance Act to give farmers extra insurance benefits when they plant cover crops after a prevented‑planting loss. It lets the Risk Management Agency provide separate coverage factors that count the cost of cover‑crop seed and pre‑planting expenses, and it directs research on how cover crops affect insurance risk. The changes affect producers who use crop insurance and plant cover crops for livestock feed, bedding, or soil protection.

Key Provisions

  • Adds a second indemnity payment equal to the prevented‑planting guarantee for the first crop when a farmer plants an approved cover crop as animal feed/bedding or leaves it standing, expanding the indemnity options under Section 508A.
  • Allows the corporation to set separate prevented‑planting coverage factors that include pre‑planting costs and cover‑crop seed costs for producers planting cover crops after a loss.
  • Requires the corporation to conduct research and develop policies for insuring fields that regularly use cover crops, evaluating risk reduction, grazing benefits, and other factors, and to report the findings to Congress within 18 months.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S2359-2360; Sponsor introductory remarks on measure: CR S2360)

April 29, 2021

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SenateIntro Referral

Introduced in Senate

April 29, 2021

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S2359-2360; Sponsor introductory remarks on measure: CR S2360)

April 29, 2021

Floor Debate

16 members

What members said about S. 1458 on the floor

6 Republicans10 Democrats
Thomas R. Carper
Sen. Thomas R. CarperD-DE · Apr 29, 2021

Madam President, the Senator is now considering S. 914, the Drinking Water and Wastewater Infrastructure Act of 2021. This legislation was reported unanimously last month by the Committee on…

John Thune
Sen. John ThuneR-SD · Apr 29, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, along with my livestock producer protection bill, I am also introducing legislation today to…

Tim Kaine
Sen. Tim KaineD-VA · Apr 29, 2021

Mr. President. A vibrant and independent media and public access to accurate information are critical to the functioning of any democracy. A free press is so important that our Founding Fathers…

Tammy Duckworth
Sen. Tammy DuckworthD-IL · Apr 29, 2021

Mr. President, I remember sitting in a House Oversight Committee hearing years ago on the Flint water crisis. At the time, my oldest daughter Abigail was just a year old. I remember looking out into…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Apr 29, 2021

Mr. President, I call up amendment 1461, and I want to thank Senators Collins, Gillibrand, King, Rounds, and Peters for cosponsoring this amendment and also thank Chairman Carper and Ranking Member…

Show 8 more
Mike Lee
Sen. Mike LeeR-UT · Apr 29, 2021

Mr. President, water is one of our most precious resources, and it is vital to life. It is necessary for agriculture, industry, recreation, conservation, the development and growth of cities, and so…

John Thune
Sen. John ThuneR-SD · Apr 29, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. Mr. President, along with my livestock producer protection bill, I am also introducing legislation today to…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Apr 29, 2021

Mr. President, today I am pleased to be joined by my friend and colleague from Delaware, Senator Chris Coons, to reintroduce the Reach Every Mother and Child Act of 2021. Our legislation would make…

Alex Padilla
Sen. Alex PadillaD-CA · Apr 29, 2021

Mr. President, I rise to introduce the ``Protecting Unique and Beautiful Landscapes by Investing in California (PUBLIC) Lands Act.'' This measure would increase protections for over 1 million acres…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 29, 2021

Mr. President, I rise today to reintroduce bipartisan legislation that would better align the Department of Housing and Urban Development's (HUD) homeless assistance programs with other federal…

Jack Reed
Sen. Jack ReedD-RI · Apr 29, 2021

Today, I am joined by Senators Warren, Brown, Van Hollen, and Gillibrand to introduce legislation to ensure that at least one Federal Reserve Governor has demonstrated primary experience in…

Marco Rubio
Sen. Marco RubioR-FL · Apr 29, 2021

Mr. President, this amendment No. 1471 is our amendment, and it would modernize the formula by which this money is distributed. This formula is 34 years old. It privileges a handful of States over…

Shelley Moore Capito
Sen. Shelley Moore CapitoR-WV · Apr 29, 2021

Mr. President, I ask unanimous consent to address this for a minute. I just want to join with Senator Carper in opposition to this amendment. While I think it is well-meaning for the State of…

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John Thune
Sen. John ThuneR-SD · Apr 29, 2021

Mr. President, I would echo what my colleague from Delaware has said about the Chaplain's Bible study on a weekly basis. That, I think, is the highlight for many of us throughout the week. I would…

Ron Wyden
Sen. Ron WydenD-OR · Apr 29, 2021

Madam President, today I have introduced the Retirement Parity for Student Loans Act. This legislation would permit employers to make matching contributions to workers under 401(k) and similar types…

John Kennedy
Sen. John KennedyR-LA · Apr 29, 2021

Mr. President, I want to talk briefly about boil water advisories. They are more than just frustrating. They are more than just inconvenient. They can be dangerous. I don't know about the Presiding…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Apr 29, 2021

Mr. President, I rise in opposition to this amendment by Senator Lee. His amendment would amend the Antiquities Act to prohibit the President from reserving water when designating a national…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Apr 29, 2021

Mr. President, I am pleased to be a cosponsor of Senator Shaheen's amendment. I urge its adoption. Representing, as I do, a State where there are a great number of people who receive their drinking…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 29, 2021

I announce that the Senator from Washington (Ms. Cantwell) is necessarily absent. Mr. President, I am going to raise an issue at this point that is not relevant to the water bill. I ask unanimous…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 29, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 29, 2021

II

117th CONGRESS

1st Session

S. 1458

IN THE SENATE OF THE UNITED STATES

April 29, 2021

Mr. Thune (for himself, Ms. Stabenow, Mr. Casey, Mr. Rounds, and Ms. Smith) 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 encourage the planting of cover crops following prevented planting, and for other purposes.

1.

Short title

This Act may be cited as the Cover Crop Flexibility Act of 2021.

2.

Cover crops planted due to prevented planting

(a)

In general

Section 508A of the Federal Crop Insurance Act (7 U.S.C. 1508a) is amended—

(1)

in subsection (c)—

(A)

in paragraph (1)(B)(ii)—

(i)

by striking collect an indemnity and inserting the following:

collect—

(I)

an indemnity

;

(ii)

in subclause (I) (as so designated), by striking the period at the end and inserting ; or; and

(iii)

by adding at the end the following:

(II)

an indemnity payment that is equal to the prevented planting guarantee for the acreage for the first crop, if the second crop—

(aa)

is an approved cover crop that—

(AA)

will be planted for use as animal feed or bedding that is hayed, grazed (rotationally, adaptively, or at equal to or less than the carrying capacity), or chopped outside of the primary nesting season; or

(BB)

will not be harvested, such as a crop with an intended use of being left standing or cover; and

(bb)

cannot be harvested for grain or other uses unrelated to livestock forage or conservation, as determined by the Corporation.

; and

(B)

in paragraph (3)—

(i)

by inserting a second crop described in item (aa) or (bb) of paragraph (1)(B)(ii)(II), or before double cropping; and

(ii)

by striking make an election under paragraph (1)(B) and inserting makes an election under paragraph (1)(B)(ii)(I); and

(2)

by inserting at the end the following:

(f)

Prevented planting coverage factors

For producers that plant cover crops following prevented planting, the Corporation may provide separate prevented planting coverage factors that include preplanting costs and the cost of cover crop seed.

.

(b)

Research and development

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended by adding at the end the following:

(20)

Cover crops

(A)

In general

The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure crops on fields that regularly utilize cover crops.

(B)

Requirements

Research and development under subparagraph (A) shall include—

(i)

a review of prevented planting coverage factors described in section 508A(f) and an evaluation of whether to include cover crop seed costs and costs related to grazing in the calculation of a factor;

(ii)

the extent to which cover crops reduce the risk of subsequent prevented planting;

(iii)

the extent to which cover crops make crops more resilient to or otherwise reduce the risk of loss resulting from natural disasters such as drought;

(iv)

the extent to which increased regularity of using cover crops or interactions with other practices such as tillage or rotation affects risk reduction;

(v)

whether rotational, adaptive, or other prescribed grazing of cover crops can maintain or improve risk reduction; and

(vi)

how best to account for any reduced risk and provide a benefit to producers using cover crops through a separate plan or policy of insurance.

(C)

Report

Not later than 18 months after the date of enactment of this paragraph, the Corporation shall make available on the website of the Corporation, and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that—

(i)

describes the results of the research and development carried out under subparagraph (A); and

(ii)

includes any recommendations with respect to those results.

.