[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5961
To provide reasonable limits, control, and oversight over the
Environmental Protection Agency's use of aerial surveillance of
America's farmers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2012
Mrs. Capito (for herself, Mr. Akin, Mr. Ross of Florida, Mr. Harris,
Mr. Smith of Nebraska, Mr. Johnson of Ohio, Mr. Holden, Mr. Griffith of
Virginia, Mr. Goodlatte, Mr. Thompson of Pennsylvania, Mr. Terry, and
Mrs. Noem) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide reasonable limits, control, and oversight over the
Environmental Protection Agency's use of aerial surveillance of
America's farmers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Farmer's Privacy Act of
2012''.
SEC. 2. LIMITATION ON USE OF AERIAL SURVEILLANCE.
(a) Aerial Surveillance Restricted.--Subject to subsection (b), in
exercising any authority under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), the Administrator may not conduct aerial
surveillance of agricultural land.
(b) Exceptions.--The Administrator may conduct aerial surveillance
of agricultural land under the Federal Water Pollution Control Act if
the Administrator--
(1) has obtained the voluntary written consent of the owner
or operator of the land to be surveilled in accordance with
section 3;
(2) has given public notice in accordance with section 4;
or
(3) has obtained a certification of reasonable suspicion in
accordance with section 5.
SEC. 3. VOLUNTARY WRITTEN CONSENT.
(a) Consent Required.--In order to conduct aerial surveillance
under section 2(b)(1), the Administrator shall obtain from the owner or
operator of the land to be surveilled written consent to such
surveillance.
(b) Contents.--The Administrator shall ensure that any written
consent required under subsection (a)--
(1) specifies the period during which the consent is
effective, which may not exceed one year;
(2) contains a specific description of the geographical
area to be surveilled; and
(3) if requested by the owner or operator of the land to be
surveilled, contains limitations on the days and times during
which the surveillance may be conducted.
(c) Assurance of Voluntary Consent.--The Administrator shall ensure
that any written consent required under subsection (a) is granted
voluntarily by the owner or operator of the land to be surveilled, and
the Administrator may not threaten additional, more detailed, or more
thorough inspections, or otherwise coerce or entice such owner or
operator, in order to obtain such consent.
SEC. 4. PUBLIC NOTICE.
(a) Deadline for Notification.--In order to conduct aerial
surveillance under section 2(b)(2), the Administrator shall provide
notice to owners or operators of agricultural land in the area to be
surveilled not more than 10 days, nor fewer than 5 days, prior to the
commencement of such surveillance.
(b) Publication Required.--The Administrator shall publish any
notice required under subsection (a)--
(1) on the public Web site of the Administrator; and
(2) in a newspaper of general circulation in the area to be
surveilled.
(c) Contents.--The Administrator shall include in any notice
required under subsection (a)--
(1) a specific description of the geographical area to be
surveilled; and
(2) the dates on which such surveillance will occur.
(d) Scope.--The Administrator may not publish a general or national
notice to comply with subsection (a).
(e) Access to Images.--After conducting any aerial surveillance
under section 2(b)(2), the Administrator shall make available to the
owners or operators of the agricultural land surveilled any images of
such land obtained as a result of such surveillance.
SEC. 5. CERTIFICATION OF REASONABLE SUSPICION.
(a) In General.--In order to conduct aerial surveillance under
section 2(b)(3), the Administrator shall obtain a certification of
reasonable suspicion from the United States District Court for the
District of Columbia in accordance with this section.
(b) Certification Requirements.--The court may issue to the
Administrator a certification of reasonable suspicion if--
(1) the Administrator submits to the court an affidavit
setting forth specific and articulable facts that would
indicate to a reasonable person that a violation of the Federal
Water Pollution Control Act exists in the area to be
surveilled; and
(2) the court finds that the Administrator has shown
reasonable suspicion that an owner or operator of agricultural
land in the area to be surveilled has violated the Federal
Water Pollution Control Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be interpreted as expanding the power of
the Administrator to inspect, monitor, or conduct surveillance of
agricultural lands pursuant to the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) or any other Federal law.
SEC. 7. DEFINITIONS.
In this Act:
(1) Aerial surveillance.--The term ``aerial surveillance''
means any surveillance from the air, including--
(A) surveillance conducted from fixed wing
aircraft, helicopters, drones, or remote controlled
aircraft; or
(B) the use of aerial or satellite images,
regardless of whether the images are publicly
available.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency, or in the
case of an action taken pursuant to a permit program approved
under section 402 of the Federal Water Pollution Control Act
(33 U.S.C. 1342), the head of the State agency administering
the program.
(3) Agricultural land.--The term ``agricultural land''
means land used primarily for agricultural production,
including cropland, grassland, prairie land, improved
pastureland, rangeland, cropped woodland, marshes, reclaimed
land, and land used for agro-forestry or the production of
livestock.
(4) Court.--The term ``court'' means the United States
District Court for the District of Columbia.
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