I 
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 surveil-
lance of America’s farmers. 
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 
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(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 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. PUBLIC NOTICE. 
(a) DEADLINE FOR NOTIFICATION.—In order to con-
duct aerial surveillance under section 2(b)(2), the Admin-
istrator shall provide notice to owners or operators of agri-
cultural land in the area to be surveilled not more than 
10 days, nor fewer than 5 days, prior to the commence-
ment 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. 
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(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 agricul-
tural 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 surveil-
lance 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 ac-
cordance with this section. 
(b) CERTIFICATION
REQUIREMENTS.—The court 
may issue to the Administrator a certification of reason-
able 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 
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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 oper-
ator 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 con-
duct 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 con-
trolled 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 ac-
tion 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, 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 Co-
lumbia. 
Æ 
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