HR 5961 IHRHCommentsClose CommentsPermalink

Union Calendar No. 493CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5961CommentsClose CommentsPermalink

[Report No. 112-682]CommentsClose CommentsPermalink

To provide reasonable limits, control, and oversight over the Environmental Protection Agency’s use of aerial surveillance of America’s farmers.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 19, 2012CommentsClose CommentsPermalink

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

September 20, 2012CommentsClose CommentsPermalink

Additional sponsors: Mr. REHBERG, Mr. HASTINGS of Washington, and Mr. JONESCommentsClose CommentsPermalink

September 20, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on June 19, 2012]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To provide reasonable limits, control, and oversight over the Environmental Protection Agency’s use of aerial surveillance of America’s farmers.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be referred to as the ‘Farmer’s Privacy Act of 2012’. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink





(b) Exceptions- The Administrator may conduct aerial surveillance of agricultural land under the Federal Water Pollution Control Act if the Administrator-- CommentsClose CommentsPermalink





(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 or CommentsClose CommentsPermalink




(2) has obtained a certification of reasonable suspicion in accordance with section 54. 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





(b) Contents- The Administrator shall ensure that any written consent required under subsection (a)-- CommentsClose CommentsPermalink





(1) specifies the period during which the consent is effective, which may not exceed one year; CommentsClose CommentsPermalink





(2) contains a specific description of the geographical area to be surveilled; and CommentsClose CommentsPermalink





(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. 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





(b) Certification Requirements- The court may issue to the Administrator a certification of reasonable suspicion if-- 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. 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 (33 U.S.C. 1251 et seq.) or any other Federal law. CommentsClose CommentsPermalink

SEC. 78. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) AERIAL SURVEILLANCE- The term ‘aerial surveillance’ means any surveillance from the air, including-- CommentsClose CommentsPermalink





(A) surveillance conducted from fixed wing aircraft, helicopters, drones, or remote controllmanned or unmanned aircraft; or CommentsClose CommentsPermalink





(B) the use of aerial or satellite images, regardless of whether the images are publicly available. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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





(4) COURT- The term ‘court’ means the United States District Court for the District of Columbia. CommentsClose CommentsPermalink

Union Calendar No. 493CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5961CommentsClose CommentsPermalink

[Report No. 112-682]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide reasonable limits, control, and oversight over the Environmental Protection Agency’s use of aerial surveillance of America’s farmers.CommentsClose CommentsPermalink

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September 20, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink