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[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Pages S5872-S5873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHANNS:
  S. 3467. A bill to establish a moratorium on aerial surveillance 
conducted by the Administrator of the Environmental Protection Agency; 
to the Committee on Environment and Public Works.
  Mr. JOHANNS. Mr. President, I come to the floor today to discuss an 
issue I have brought up before in the Senate that continues to trouble 
me.
  Whenever I meet with farmers and ranchers in Nebraska, they often 
raise concerns about regulatory overreach. I hear about the need for 
agencies such as the EPA to provide a more predictable and commonsense 
regulatory environment. So today I am introducing a bill that will do 
exactly that. It stops the EPA's use of aerial surveillance of

[[Page S5873]]

agricultural operations for a period of 12 months--1 year.
  Earlier this year, I began hearing about this issue from constituents 
who are worried about privacy concerns. Thus, a few of my colleagues 
and I wrote to Administrator Jackson in late May asking her several 
questions about EPA's practice of flying over livestock operations and 
taking pictures. We were curious about the scope of flights over 
agriculture operations in Nebraska and around the country. We asked how 
the agency selects targets for surveillance and whether any images of 
residences, land, or buildings not subject to EPA regulation were being 
captured.
  Additionally, we asked a very fair question: We asked about the use 
of the images, where are they stored, how are they used, who are they 
shared with, and how long they would remain on file--all seemingly 
straightforward, fair, basic questions.
  Well, to say the least, EPA has been less than forthcoming about the 
use of aerial surveillance. EPA has acknowledged aerial surveillance 
activities in Nebraska, Iowa, and West Virginia. But despite repeated 
requests, details concerning the national scope of this program and its 
management by EPA headquarters have not been disclosed.
  You see, I believe the American public deserves open, 
straightforward, honest information about why EPA is flying over their 
land--not just in Nebraska but across the country.
  Time and time again, farmers have consistently proven they are 
excellent stewards of the environment. They make their living from the 
land, and they are very mindful of maintaining it and protecting it and 
leaving it improved.
  I agree wholeheartedly that we should ensure our waterways are clean 
and our air is safe. So I want to be very clear: This legislation does 
not affect EPA's ability to use traditional onsite inspections. But 
given EPA's track record of ignorance about agriculture, if not 
downright contempt for it, farmers and ranchers do not trust this 
agency, and they sure as heck do not approve of EPA doing low-altitude 
surveillance flights over citizens' private property.
  So until EPA takes a more commonsense, transparent, open approach, we 
need to step on the brakes. This bill simply does that. It places a 1-
year moratorium on EPA from using aerial surveillance. This will give 
the agency time to come clean about its activities nationwide and make 
the case that these flights are an appropriate use of agency authority 
and taxpayer money.
  Unless the EPA does that openly, the level of trust between farmers 
and ranchers and the EPA will continue to erode. In the meantime, 
passage of this legislation will help provide our farmers and our 
ranchers and others in rural America with much needed regulatory 
certainty.
  I offered an amendment on this issue during the recent farm bill 
debate. It got broad bipartisan support--56 votes. Ten of my colleagues 
on the other side of the aisle joined me in this effort, so it is not a 
partisan issue.
  I urge my colleagues to continue their support of this effort to 
bring accountability and transparency to the Environmental Protection 
Agency.
                                 ______
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