[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Enrolled Bill (ENR)]
S.1276
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To facilitate the creation of methamphetamine precursor electronic
logbook systems, 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 ``Methamphetamine Production
Prevention Act of 2008''.
SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE AND RETENTION FOR
ELECTRONIC METHAMPHETAMINE PRECURSOR LOGBOOK SYSTEMS.
Section 310(e)(1)(A) of the Controlled Substances Act (21 U.S.C.
830(e)(1)(A)) is amended by striking clauses (iv) through (vi) and
inserting the following:
``(iv) In the case of a sale to which the requirement
of clause (iii) applies, the seller does not sell such a
product unless the sale is made in accordance with the
following:
``(I) The prospective purchaser--
``(aa) presents an identification card that
provides a photograph and is issued by a State or
the Federal Government, or a document that, with
respect to identification, is considered acceptable
for purposes of sections 274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B) of title 8, Code of Federal
Regulations (as in effect on or after March 9,
2006); and
``(bb) signs the written logbook and enters in
the logbook his or her name, address, and the date
and time of the sale, or for transactions involving
an electronic logbook, the purchaser provides a
signature using one of the following means:
``(AA) Signing a device presented by the
seller that captures signatures in an
electronic format. Such device shall display
the notice described in clause (v). Any device
used shall preserve each signature in a manner
that clearly links that signature to the other
electronically-captured logbook information
relating to the prospective purchaser providing
that signature.
``(BB) Signing a bound paper book. Such
bound paper book shall include, for such
purchaser, either (aaa) a printed sticker
affixed to the bound paper book at the time of
sale which either displays the name of each
product sold, the quantity sold, the name and
address of the purchaser, and the date and time
of the sale, or a unique identifier which can
be linked to that electronic information, or
(bbb) a unique identifier which can be linked
to that information and which is written into
the book by the seller at the time of sale. The
purchaser shall sign adjacent to the printed
sticker or written unique identifier related to
that sale. Such bound paper book shall display
the notice described in clause (v).
``(CC) Signing a printed document that
includes, for such purchaser, the name of each
product sold, the quantity sold, the name and
address of the purchaser, and the date and time
of the sale. Such document shall be printed by
the seller at the time of the sale. Such
document shall contain a clearly identified
signature line for a purchaser to sign. Such
printed document shall display the notice
described in clause (v). Each signed document
shall be inserted into a binder or other secure
means of document storage immediately after the
purchaser signs the document.
``(II) The seller enters in the logbook the name of
the product and the quantity sold. Such information may
be captured through electronic means, including through
electronic data capture through bar code reader or
similar technology.
``(III) The logbook maintained by the seller
includes the prospective purchaser's name, address, and
the date and time of the sale, as follows:
``(aa) If the purchaser enters the information,
the seller must determine that the name entered in
the logbook corresponds to the name provided on
such identification and that the date and time
entered are correct.
``(bb) If the seller enters the information,
the prospective purchaser must verify that the
information is correct.
``(cc) Such information may be captured through
electronic means, including through electronic data
capture through bar code reader or similar
technology.
``(v) The written or electronic logbook includes, in
accordance with criteria of the Attorney General, a notice
to purchasers that entering false statements or
misrepresentations in the logbook, or supplying false
information or identification that results in the entry of
false statements or misrepresentations, may subject the
purchasers to criminal penalties under section 1001 of
title 18, United States Code, which notice specifies the
maximum fine and term of imprisonment under such section.
``(vi) Regardless of whether the logbook entry is
written or electronic, the seller maintains each entry in
the logbook for not fewer than 2 years after the date on
which the entry is made.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.