[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4775 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4775
To prohibit the manufacture, processing, possession, or distribution in
commerce of the poison sodium fluoroacetate (known as ``Compound
1080''), to provide for the collection and destruction of remaining
stocks of Compound 1080, to compensate persons who turn in Compound
1080 to the Secretary of Agriculture for destruction, to prohibit the
use of certain predator control devices by the federal government, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2007
Mr. DeFazio (for himself, Mr. George Miller of California, Mr. Farr,
Ms. Sutton, Ms. Schakowsky, Mr. Hinchey, Mr. McGovern, Mr. Kucinich,
Mr. Moran of Virginia, Mr. Cohen, and Mr. Serrano) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Agriculture and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the manufacture, processing, possession, or distribution in
commerce of the poison sodium fluoroacetate (known as ``Compound
1080''), to provide for the collection and destruction of remaining
stocks of Compound 1080, to compensate persons who turn in Compound
1080 to the Secretary of Agriculture for destruction, to prohibit the
use of certain predator control devices by the federal government, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compound 1080 and M-44 Elimination
Act''.
SEC. 2. PROHIBITION OF COMPOUND 1080.
(a) Immediate Prohibition on Manufacture, Processing, or
Distribution in Commerce of Compound 1080.--
(1) Amendment of toxic substances control act.--Section 6
of the Toxic Substances Control Act (15 U.S.C. 2605) is amended
by adding at the end the following new subsection:
``(f) Compound 1080.--No person may manufacture, process, or
distribute in commerce sodium fluoroacetate (known as `Compound 1080'
or sodium monofluoroacetate).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Prohibition on Possession of Compound 1080.--
(1) Prohibition.--Whoever (other than a person acting under
the authority of section 3(c)) possesses sodium fluoroacetate
(known as ``Compound 1080'' or sodium monofluoroacetate) shall
be fined under title 18, United States Code, or imprisoned not
more than 2 years, or both.
(2) Effective date.--This subsection shall take effect at
the end of the 18-month period beginning on the first day of
the first month beginning on or after the date of the enactment
of this Act.
SEC. 3. COLLECTION AND DESTRUCTION OF STOCKS OF COMPOUND 1080.
(a) Inventory and Collection of Compound 1080 Held by the Federal
Government.--
(1) Inventory.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Agriculture, in
collaboration with the Administrator of the Environmental
Protection Agency and the Secretary of Homeland Security, shall
conduct an inventory to identify stocks of sodium fluoroacetate
(known as ``Compound 1080'' or sodium monofluoroacetate) held
by, or under the control of, any entity of the Federal
government.
(2) Collection.--During the collection period, the
Secretary of Agriculture, in collaboration with the Secretary
of Homeland Security, shall solicit and accept the transfer of
stocks of Compound 1080 held by, or under the control of, any
entity of the Federal government.
(3) Required transfer.--Each entity of the Federal
government--
(A) shall identify stocks of Compound 1080 held by,
or under the control of, such entity in accordance with
the inventory under paragraph (1);
(B) shall transfer such stocks to the Secretary of
Agriculture during the collection period; and
(C) shall transfer such stocks acquired by the
entity after the collection period to the Secretary of
Agriculture as soon as practicable, but not later than
6 months after the date of the acquisition of such
stocks.
(b) Information Campaign, Collection, and Compensation for Non-
Federal Entities.--
(1) Information campaign.--Beginning not later than 3
months after the date of the enactment of this Act, the
Secretary of Agriculture, in collaboration with the
Administrator of the Environmental Protection Agency and the
Secretary of Homeland Security, shall implement a program to
disseminate information to the public about the prohibition of
Compound 1080 under section 2 and the collection and
compensation program under this subsection.
(2) Collection.--During the collection period, the
Secretary of Agriculture, in collaboration with the Secretary
of Homeland Security, shall solicit and accept the transfer of
stocks of Compound 1080 held in public or private ownership in
the United States.
(3) Compensation.--
(A) In general.--The Secretary of Agriculture shall
compensate persons (other than an entity of the Federal
government) who transfer stocks of Compound 1080 to the
Secretary during the collection period for the
reasonable value of such stocks as determined by the
Secretary.
(B) Funding source.--Notwithstanding any other
provision of law, the funds to provide the compensation
required by subparagraph (A) shall be derived from
amounts made available for the Wildlife Services
Program of the Department of Agriculture. If such
amounts are insufficient to provide compensation to all
persons entitled to compensation under such subsection,
the Secretary shall use other funds appropriated or
otherwise made available to the Department.
(c) Destruction.--
(1) Initial destruction.--Not later than 2 years following
the date of the enactment of this Act, the Secretary of
Agriculture, in collaboration with the Secretary of Homeland
Security, shall destroy all stocks of Compound 1080 acquired
during the collection period and all stocks of Compound 1080
held by, or under the control of, the Department of Agriculture
as of the date of the enactment of this Act.
(2) Continuing destruction.--After the collection period,
the Secretary of Agriculture shall continue to accept the
transfer of stocks of Compound 1080 pursuant to subsection
(a)(3)(C) and shall destroy all such stocks as soon as
practicable.
(d) Collection Period Defined.--In this section, the term
``collection period'' means the 18-month period beginning on the first
day of the first month beginning on or after the date of the enactment
of this Act.
SEC. 4. PROHIBITION ON THE USE OF M-44.
(a) Prohibition.--No entity of the Federal government may use M-44.
(b) Definition.--For the purposes of this Act, the term ``M-44''
means--
(1) sodium cyanide packaged in a dispenser designed to
propel sodium cyanide when activated; and
(2) any other form of sodium cyanide, including sodium
cyanide capsules, used for wildlife management or other animal
control purposes.
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