HR 4775
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.
(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.
(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.
END
