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H.R.5961 - Farmer's Privacy Act of 2012
To provide reasonable limits, control, and oversight over the Environmental Protection Agency's use of aerial surveillance of America's farmers.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||987||n/a||n/a|
|Reported in House||1,102||19 Show Changes Hide Changes||50%|
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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 InfrastructureCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
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 (
(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
(2) has given public notice in accordance with section 4; or(3 or CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
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)(32), 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. CommentsClose CommentsPermalink
(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 CommentsClose CommentsPermalink
(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. CommentsClose CommentsPermalink
SEC. 5. DISCLOSURE OF INFORMATION.
(a) In General- Except as provided in subsection (c), or for the purposes of an investigation or prosecution by the Administrator as described in section 6, the Administrator may not disclose information collected through aerial surveillance conducted under section 2(b). CommentsClose CommentsPermalink
(b) Applicability of FOIA-
(c) Right to Petition- The owner or operator of land surveilled under this Act has the right to petition for copies of the information collected through such surveillance. CommentsClose CommentsPermalink
SEC. 6. DESTRUCTION OF INFORMATION.
SEC. 7. 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 (
SEC. 78. DEFINITIONS.
(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 (
(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, fish or other aquatic species habitat, and land used for agro-forestry or the production of livestock. CommentsClose CommentsPermalink