Be it enacted by the Senate and House of Representa-
tives 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 Fed-
eral 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; or 
(2) has obtained a certification of reasonable sus-
picion in accordance with section 4. 
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. 
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(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 geo-
graphical 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 con-
ducted. 
(c) ASSURANCE OF VOLUNTARY CONSENT.—The Ad-
ministrator 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 Adminis-
trator 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. CERTIFICATION OF REASONABLE SUSPICION. 
(a) IN GENERAL.—In order to conduct aerial surveil-
lance under section 2(b)(2), the Administrator shall obtain 
a certification of reasonable suspicion from the United 
States District Court for the District of Columbia in accord-
ance with this section. 
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(b) CERTIFICATION REQUIREMENTS.—The court may 
issue to the Administrator a certification of reasonable sus-
picion if— 
(1) the Administrator submits to the court an af-
fidavit 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. 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 Admin-
istrator may not disclose information collected through aer-
ial surveillance conducted under section 2(b). 
(b) APPLICABILITY OF FOIA.—Section 552 of title 5, 
United States Code, shall not apply to any information col-
lected through aerial surveillance conducted under section 
2(b) of this Act. 
(c) RIGHT TO PETITION.—The owner or operator of 
land surveilled under this Act has the right to petition for 
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copies of the information collected through such surveil-
lance. 
SEC. 6. DESTRUCTION OF INFORMATION. 
The Administrator shall destroy information collected 
through aerial surveillance conducted under section 2(b) not 
later than 30 days after collection, unless the information 
is pertinent to an active investigation or prosecution by the 
Administrator. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act shall be interpreted as expanding 
the power of the Administrator to inspect, monitor, or con-
duct surveillance of agricultural lands pursuant to the Fed-
eral Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
or any other Federal law. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) AERIAL SURVEILLANCE.—The term ‘‘aerial 
surveillance’’ means any surveillance from the air, in-
cluding— 
(A) surveillance conducted from manned or 
unmanned aircraft; or 
(B) the use of aerial or satellite images, re-
gardless of whether the images are publicly 
available. 
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(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 ‘‘agricul-
tural land’’ means land used primarily for agricul-
tural production, including cropland, grassland, prai-
rie land, improved pastureland, rangeland, cropped 
woodland, marshes, reclaimed land, fish or other 
aquatic species habitat, and land used for agro-for-
estry 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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Union Calendar No. 493 
112TH CONGRESS 
2D SESSION 
H. R. 5961 
[Report No. 112–682] 
A BILL 
To provide reasonable limits, control, and oversight 
over the Environmental Protection Agency’s use 
of aerial surveillance of America’s farmers. 
SEPTEMBER 20, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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