Rep. Shelley Moore CapitoShelley Moore CapitoFive takeaways from Pruitt's EPA hearing Last Congress far from ‘do-nothing’ Senators introduce dueling miners bills MORE (R-W.Va.) and 11 other House members introduced a bill Tuesday that would prevent the Environmental Protection Agency (EPA) from conducting aerial drone surveillance of farms to enforce the Clean Water Act, or using any other overhead surveillance.
"Unemployment has been at or above 8 percent for 30 consecutive months. Is conducting flyovers of family farms across the country really the best use of taxpayer money?" Capito asked on Tuesday.
"It's getting to the point that I'll have to file for a Clean Water Act permit if I want to turn the hose on in my backyard," she said. "The EPA will take any opportunity to make it harder for farmers, energy operators or any business that deals with the EPA to operate."
Aerial surveillance is one of the tools that the EPA has used to enforce the Clean Water Act since its passage during the Nixon administration.
Her bill would prevent any kind of aerial surveillance, including from drones or manned aircraft, or remote controlled aircraft. It would also prohibit the use of aerial or satellite images, even if those images are publicly available.
While the bill does not focus exclusively on drones, it is the latest attempt by Republicans in particular to limit the use of drones within the United States by the government, and prevent their use even when they are not currently used. Last week, House and Senate Republicans proposed legislation that would require the government to obtain a warrant before using drones for surveillance in U.S. territory.
The drone-warrant bill was referred to the House Judiciary Committee, which has given no sign that it would consider it. Capito's bill was referred to the House Transportation and Infrastructure Committee, which has likewise not indicated whether it would move her bill.
Capito said her bill was driven in part by a local incident in which the EPA admitted to aerial surveillance of a farm in her state. Capito wrote to the EPA for clarification about its aerial surveillance program, and in March, the EPA confirmed that: "aerial over-flights are only one of many tools that are used as part of the compliance assurance process to identify discharging sources that may impact water quality."
EPA also said it tries to coordinate its enforcement efforts with state officials responsible for verifying compliance with state law.
Other Republican co-sponsors of the bill are Reps. Todd Akin (Mo.), Bob GoodlatteBob GoodlatteGOP eyes new push to break up California court Schumer: GOP 'filling the swamp' by targeting ethics chief Justice, FBI to be investigated over Clinton probes MORE (Va.), Morgan GriffithMorgan GriffithUse Holman Rule on federal employees that work full-time for union Adopting old-school rule would show House is serious about reform ObamaCare's risk corridor corruption never ends MORE (Va.), Andy Harris (Md.), Bill Johnson (Ohio), Kristi Noem (S.D.), Dennis Ross (Fla.), Adrian Smith (Neb.), Lee Terry (Neb.) and Glenn Thompson (Pa.).
One Democrat is also on the bill, Rep. Tim Holden (Pa.).
— This story was updated at 12:22 p.m.