[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.