Farmer's Privacy Act of 2012

Bill: 112-hr-5961
Sponsor: Rep. Capito, Shelley Moore [R-WV-2]
Introduced: 2012-06-19 in the House
Policy area: Agriculture and Food
Subjects: Agricultural conservation and pollution
Agricultural practices and innovations
Aviation and airports
Environmental assessment, monitoring, research
Environmental regulatory procedures
Farmland
Government information and archives
Intelligence activities, surveillance, classified information
Judicial procedure and administration
Right of privacy
Water quality

Summary:
action_date: 2012-06-19
text: 
Farmer's Privacy Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA), in exercising any authority under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from conducting aerial surveillance of agricultural land unless the Administrator has: (1) obtained the voluntary written consent of the owner or operator of the land to be surveilled; (2) provided between 5 and 10 days' notice to the owners or operators of land in the area to be surveilled; and (3) obtained from the U.S. District Court for the District of Columbia a certification of reasonable suspicion that a violation of the Act exists in the area to be surveilled.
 
Requires the Administrator to ensure that such consent: (1) specifies a period of up to one year during which the consent is effective, (2) contains a specific description of the geographical area to be surveilled, (3) contains limitations on the days and times during which the surveillance may be conducted if requested by such owner or operator, and (4) is granted voluntarily. Prohibits the Administrator from threatening additional, more detailed, or more thorough inspections or coercing or enticing such owner's or operator's consent.
 
Requires the Administrator to make available to such owners or operators images of such land obtained from such surveillance.
action_date: 2012-09-20
text: 
Farmer's Privacy Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA), in exercising any authority under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from conducting aerial surveillance of agricultural land unless the Administrator has: (1) obtained the voluntary written consent of the owner or operator of the land to be surveilled, and (2) obtained from the U.S. District Court for the District of Columbia a certification of reasonable suspicion that a violation of the Act exists in the area to be surveilled.
 
Requires the Administrator to ensure that such consent: (1) specifies a period of up to one year during which the consent is effective, (2) contains a specific description of the geographical area to be surveilled, (3) contains limitations on the days and times during which the surveillance may be conducted if requested by such owner or operator, and (4) is granted voluntarily. Prohibits the Administrator from threatening additional, more detailed, or more thorough inspections or coercing or enticing such owner's or operator's consent.
 
Prohibits the Administrator, except where a land operator or owner has petitioned for copies of information collected through aerial surveillance permitted under this Act or where the information is pertinent to an active EPA investigation or prosecution, from disclosing information collected through such surveillance. Excepts information collected through such surveillance from the Freedom of Information Act.
 
Requires the destruction of information collected through aerial surveillance conducted under this Act not later than 30 days after collection, unless it is pertinent to an active EPA investigation or prosecution.

Legislative actions:
action_date: 2012-09-20
text: Placed on the Union Calendar, Calendar No. 493.
action_date: 2012-09-20
text: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 112-682.
action_date: 2012-09-20
text: Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 112-682.
action_date: 2012-08-01
text: Subcommittee on Aviation Discharged.
action_date: 2012-08-01
text: Subcommittee on Water Resources and Environment Discharged.
action_date: 2012-08-01
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2012-08-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-06-20
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2012-06-20
text: Referred to the Subcommittee on Aviation.
action_date: 2012-06-19
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2012-06-19
text: Introduced in House
action_date: 2012-06-19
text: Introduced in House