U.S. Senate Passes Pesticide Ban On DOD Properties

No specific pesticides are named in the bill. Rather, it contains language stating that the pesticides to be banned include "those containing a known or probable carcinogen or an acute nerve toxin and those of the organophosphate, carbamate, or organochlorine class," according to Tom Delaney, executive vice president of the Professional Lawn Care Association of America (PLCAA). By banning only "preventative" use of the listed classes of pesticides, the amendment permits their use if needed to meet an emergency such as an encephalitis outbreak.

Since the House of Representatives version of the bill does not include a similar provision and differs in several other ways, the House and Senate will form a conference committee to reconcile their differences.

According to Delaney, PLCAA believes the amendment to the appropriations bill is a poor way to regulate pesticides because of the extensive registration process that is conducted by the U.S. Environmental Protection Agency on all pesticides. In a form letter that PLCAA has made available to send to the conference committee members (see below), the organization states, "The amendment … greatly undermines the system that has been established to regulate the registration and use of pesticides. If the EPA approves a product for use in areas that may be used by children … it has determined that is a safe and appropriate use of the product."

This is not the first time Boxer has introduced such legislation as an add-on to an unrelated bill. She previously introduced similar language to an education bill that would require notification of pesticide use in schools. Boxer’s platform has been to protect children through the removal of pesticides in locations that children are likely to be. "Most of our environmental laws were designed to protect the average 155-pound adult male," she said. "We now know that children are more vulnerable to the dangers posed by toxic compounds and other environmental pollutants. That is why I am working to ‘childproof’ our environmental laws."

However, Delaney believes Boxer’s agenda is not based on science and that the EPA standards in place for pesticides are designed to protect children and adults. He said that when industry lobbyists spoke to Senators about the proposed legislation, some were actually misinformed about the pesticide registration process. Delaney quoted one Senator as stating, "As I understand it, this is an amendment that is designed to prevent the use of the pesticides that would not be subject to approval by the EPA. I intend to support the amendment." Delaney emphasized the fact that all pesticides must be approved by the EPA and expressed concern that more Senators might have the same misperceptions.

Conversely, Delaney said some Senators do understand the EPA’s policies but have decided to support Boxer’s bill because it looks better to vote for the amendment now with hopes that the conference committee will remove it later. "Many Senators voted to pacify Boxer for the time-being, knowing that they would not want it to be a law," he said.

PLCAA is urging industry professionals to contact Senators or House members on the conference committee asking them to strip the Boxer pesticide amendment from the conference report. To phone in comments about the bill, people can call the Senate at 202/224-3121 or the House at 202/225-3121. When connected with the Senator or House member's office, people should ask to speak to the person who handles DOD appropriations. For those who prefer to write, PLCAA has created a sample letter that is available below.

PLCAA also encourages people to write to Senators even if they are not on the Defense Appropriations Conference Committee. In that case, some of the language in the sample letter should be changed to reflect the letter recipient’s involvement (i.e. whether he or she is on the committee, and whether he or she is for or against the amendment).

The Senate members on the conference committee are: Ted Stevens (R-Ark.), Thad Cochran (R-Miss.), Arlen Specter (R-Pa.), Pete Domenici (R-N.M.), Christopher Bond (R-Mo.), Mitch McConnell (R-Ky.), Richard Shelby (R-Ala.), Judd Gregg (R-N.H.), Kay Bailey Hutchison (R-Texas), Daniel Inouye (D-Hawaii), Ernest Hollings (D-S.C.), Robert Byrd (D-W.V.) Tom Harkin (D-Iowa) and Richard Durbin (D-Ill.).

Although the House conference committee members have not been officially named, PLCAA predicts the members to include: Jerry Lewis (R-Calif.), C.W. "Bill" Young (R-Fla.), Joe Skeen (R-N.M.), Dave Hobson (R-Ohio), Henry Bonilla (R-Texas), George Nethercutt (R-Wash.), Ernest Istook (R-Okla.), Randy Cunningham (R-Calif.), Jay Dickey (R-Ariz.), Rodney Frelinghuysen (R-N.J.), John Murtha (D-Pa.), Norman Dicks (D-Wash.), Martin Olav Sabo (D-Minn.), Julian Dixon (D-Calif.), Peter Visclosky (D-Ind.), and James Moran (D-Va.).

The following senators opposed the amendment: Wayne Allard (R-Colo.), Christopher Bond (R-Mo.), Mike Enzi (R-Wyo.), Phil Gramm (R-Texas), Chuck Hagel (R-Neb.), Tim Hutchinson (R-Ark.), Jim Inhofe (R-Okla.), Jon Kyl (R-Ariz.), Mary Landrieu (D-La.), Don Nickles (R-Okla.), Jeff Sessions (R-Ala.), Bob Smith (R-N.H.), Fred Thompson (R-Tenn.), and George Voinovich (R-Ohio). Senators Jay Rockefeller (D-W.V.) and Arlen Spector (R-Pa.) did not vote. All other senators supported the amendment.