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[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.
                                 <all>
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