[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1276
To establish a grant program to facilitate the creation of
methamphetamine precursor electronic logbook systems, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2007
Mr. Durbin (for himself, Mr. Grassley, Ms. Cantwell, Mrs. Clinton, Mr.
Harkin, and Mr. Obama) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant program 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 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the manufacture, distribution and use of
methamphetamine have inflicted damages on individuals,
families, communities, businesses, the economy, and the
environment throughout the United States;
(2) methamphetamine is unique among illicit drugs in that
the harms relating to methamphetamine stem not only from its
distribution and use, but also from the manufacture of the drug
by ``cooks'' in clandestine labs throughout the United States;
(3) Federal and State restrictions limiting the sale of
legal drug products that contain methamphetamine precursors
have reduced the number and size of domestic methamphetamine
labs;
(4) domestic methamphetamine cooks have managed to
circumvent restrictions on the sale of methamphetamine
precursors by ``smurfing'', or purchasing impermissibly large
cumulative amounts of precursor products by traveling from
retailer to retailer and buying permissible quantities at each
retailer;
(5) although Federal and State laws require retailers of
methamphetamine precursor products to keep written or
electronic logbooks recording sales of precursor products,
retailers are not always required to transmit this logbook
information to appropriate law enforcement and regulatory
agencies, except upon request;
(6) when retailers' logbook information regarding sales of
methamphetamine precursor products is kept in a database in an
electronic format and transmitted between retailers and
appropriate law enforcement and regulatory agencies, such
information can be used to further reduce the number of
domestic methamphetamine labs by preventing the sale of
methamphetamine precursors in excess of legal limits, and by
identifying and prosecuting ``smurfs'' and others involved in
methamphetamine manufacturing;
(7) States and local governments are already beginning to
develop such electronic logbook database systems, but they are
hindered by a lack of resources;
(8) efforts by States and local governments to develop such
electronic logbook database systems may also be hindered by
logbook recordkeeping requirements contained in section 310(e)
of the Controlled Substances Act (21 U.S.C. 830(e)) that are
tailored to written logbooks and not to electronic logbooks;
and
(9) providing resources to States and localities and making
technical corrections to the Combat Methamphetamine Epidemic
Act of 2005 will allow more rapid and widespread development of
such electronic logbook systems, thereby reducing the domestic
manufacture of methamphetamine and its associated harms.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State;
(2) the term ``methamphetamine precursor electronic logbook
system'' means a system by which a regulated seller
electronically records and transmits to an electronic database
accessible to appropriate law enforcement and regulatory
agencies information regarding the sale of a scheduled listed
chemical product that is required to be maintained under
section 310(e) of the Controlled Substances Act (21 U.S.C.
830(e)) (as amended by this Act), State law governing the
distribution of a scheduled listed chemical product, or any
other Federal, State, or local law;
(3) the terms ``regulated seller'' and ``scheduled listed
chemical product'' have the meanings given such terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802);
and
(4) the term ``State''--
(A) means a State of the United States, the
District of Columbia, and any commonwealth, territory,
or possession of the United States; and
(B) includes an ``Indian tribe'', as that term is
defined in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a).
SEC. 4. AUTHORIZATION FOR EFFECTIVE METHAMPHETAMINE PRECURSOR
ELECTRONIC LOGBOOK SYSTEMS.
Section 310(e)(1) of the Controlled Substances Act (21 U.S.C.
830(e)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``a written or
electronic list'' and inserting ``a written list or an
electronic list that complies with subparagraph (H)''; and
(2) adding at the end the following:
``(H) Electronic logbooks.--
``(i) In general.--A logbook maintained in
electronic form shall include, for each sale to
which the requirement of subparagraph (A)(iii)
applies, the name of any product sold, the
quantity of that product sold, the name and
address of each purchaser, the date and time of
the sale, and any other information required by
State or local law.
``(ii) Sellers.--In complying with the
requirements of clause (i), a regulated seller
may--
``(I) ask a prospective purchaser
for the name and address, and enter
such information into the electronic
logbook, and if the seller enters the
name and address of the prospective
purchaser into the electronic logbook,
the seller shall determine that the
name entered into the electronic
logbook corresponds to the name
provided on the identification
presented by the purchaser under
subparagraph (A)(iv)(I)(aa); and
``(II) use a software program that
automatically and accurately records
the date and time of each sale.
``(iii) Purchasers.--A prospective
purchaser in a sale to which the requirement of
subparagraph (A)(iii) applies that is being
documented in an electronic logbook shall
provide a signature in at least one of the
following ways:
``(I) Signing a device presented by
the seller that captures signatures in
an electronic format.
``(II) Signing a bound paper book.
``(III) Signing a printed document
that corresponds to the electronically-
captured logbook information for such
purchaser.
``(iv) Electronic signatures.--
``(I) Device.--Any device used
under clause (iii)(I) shall--
``(aa) 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; and
``(bb) display information
that complies with subparagraph
(A)(v).
``(II) Document retention.--A
regulated seller that uses a device
under clause (iii)(I) to capture
signatures shall maintain each such
signature for not less than 2 years
after the date on which that signature
is captured.
``(v) Paper books.--
``(I) In general.--Any bound paper
book used under clause (iii)(II)
shall--
``(aa) ensure that the
signature of the prospective
purchaser is adjacent to a
unique identifier number or a
printed sticker that clearly
links that signature to the
electronically-captured logbook
information relating to that
prospective purchaser; and
``(bb) display information
that complies with subparagraph
(A)(v).
``(II) Document retention.--A
regulated seller that uses bound paper
books under clause (iii)(II) shall
maintain any entry in such books for
not less than 2 years after the date on
which that entry is made.
``(vi) Printed documents.--
``(I) In general.--Any printed
document used under clause (iii)(III)
shall--
``(aa) be printed by the
seller at the time of the sale
that document relates to;
``(bb) display information
that complies with subparagraph
(A)(v);
``(cc) for the relevant
sale, list the name of each
product sold, the quantity
sold, the name and address of
the purchaser, and the date and
time of the sale;
``(dd) contain a clearly
identified signature line for a
purchaser to sign; and
``(ee) include a notice
that the signer has read the
printed information and agrees
that it is accurate.
``(II) Document retention.--
``(aa) In general.--A
regulated seller that uses
printed documents under clause
(iii)(III) shall maintain each
such document for not less than
2 years after the date on which
that document is signed.
``(bb) Secure storage.--
Each signed document shall be
inserted into a binder or other
secure means of document
storage immediately after the
purchaser signs the
document.''.
SEC. 5. GRANTS FOR METHAMPHETAMINE PRECURSOR ELECTRONIC LOGBOOK
SYSTEMS.
(a) Establishment.--The Attorney General of the United States,
through the Office of Justice Programs of the Department of Justice,
may make grants, in accordance with such regulations as the Attorney
General may prescribe, to State and local governments to plan, develop,
implement, or enhance methamphetamine precursor electronic logbook
systems.
(b) Use of Funds.--
(1) In general.--A grant under this section may be used to
enable a methamphetamine precursor electronic logbook system
to--
(A) indicate to a regulated seller, upon the entry
of information regarding a prospective purchaser into
the methamphetamine precursor electronic logbook
system, whether that prospective purchaser has been
determined by appropriate law enforcement or regulatory
agencies to be eligible, ineligible, or potentially
ineligible to purchase a scheduled listed chemical
product under Federal, State, or local law; and
(B) provide contact information for a prospective
purchaser to use if the prospective purchaser wishes to
question a determination by appropriate law enforcement
or regulatory agencies that the prospective purchaser
is ineligible or potentially ineligible to purchase a
scheduled listed chemical product.
(2) Access to information.--Any methamphetamine precursor
electronic logbook system planned, developed, implemented, or
enhanced with a grant under this section shall prohibit
accessing, using, or sharing information entered into that
system for any purpose other than to--
(A) ensure compliance with this Act, section 310(e)
of the Controlled Substances Act (21 U.S.C. 830(e)) (as
amended by this Act), State law governing the
distribution of any scheduled listed chemical product,
or other applicable Federal, State, or local law; or
(B) facilitate a product recall to protect public
safety.
(c) Grant Requirements.--
(1) Maximum amount.--The Attorney General shall not award a
grant under this section in an amount that exceeds $300,000.
(2) Duration.--The period of a grant made under this
section shall not exceed 3 years.
(3) Matching requirement.--Not less than 25 percent of the
cost of a project for which a grant is made under this section
shall be provided by non-Federal sources.
(4) Preference for grants.--In awarding grants under this
section, the Attorney General shall give priority to any grant
application involving a proposed or ongoing methamphetamine
precursor electronic logbook system that is--
(A) statewide in scope;
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement
and regulatory agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law
enforcement and regulatory agencies across
jurisdictional boundaries, including State boundaries;
and
(D) developed and operated, to the extent feasible,
in consultation and ongoing coordination with the Drug
Enforcement Administration, the Office of Justice
Programs, the Office of National Drug Control Policy,
the non-profit corporation described in section 1105 of
the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 1701 note),
other Federal, State, and local law enforcement and
regulatory agencies, as appropriate, and regulated
sellers.
(5) Annual report.--
(A) In general.--Not later than December 31 of each
calendar year in which funds from a grant received
under this section are expended, the Attorney General
shall submit a report to Congress containing--
(i) a summary of the activities carried out
with grant funds during that year;
(ii) an assessment of the effectiveness of
the activities described in clause (i) on the
planning, development, implementation or
enhancement of methamphetamine precursor
electronic logbook systems;
(iii) an assessment of the effect of the
activities described in clause (i) on
curtailing the manufacturing of methamphetamine
in the United States and the harms associated
with such manufacturing; and
(iv) a strategic plan for the year
following the year of that report.
(B) Additional information.--The Attorney General
may require the recipient of a grant under this section
to provide information relevant to preparing any report
under subparagraph (A) in a report that grant recipient
is required to submit to the Office of Justice Programs
of the Department of Justice.
SEC. 6. STUDY.
(a) In General.--Not later than 1 year after the date on which
grant funds under section 5 are first distributed, the Comptroller
General of the United States shall conduct a study and submit to
Congress a report regarding the effectiveness of methamphetamine
precursor electronic logbook systems that receive funding under that
section.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) a summary of the activities carried out with grant
funds during the previous year;
(2) an assessment of the effectiveness of the activities
described in paragraph (1) on the planning, development,
implementation or enhancement of methamphetamine precursor
electronic logbook systems in the United States;
(3) an assessment of the extent to which proposed or
operational methamphetamine precursor electronic logbook
systems in the United States, including those that receive
funding under section 5, are--
(A) statewide in scope;
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement
and regulatory agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law
enforcement and regulatory agencies across
jurisdictional boundaries, including State boundaries;
and
(D) developed and operated, to the extent feasible,
upon consultation with and in ongoing coordination with
the Drug Enforcement Administration, the Office of
Justice Programs, the Office of National Drug Control
Policy, the non-profit corporation described in section
1105 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 1701 note),
other Federal, State, and local law enforcement and
regulatory agencies, as appropriate, and regulated
sellers;
(4) an assessment of the effect of methamphetamine
precursor electronic logbook systems, including those that
receive funding under this Act, on curtailing the manufacturing
of methamphetamine in the United States and reducing its
associated harms;
(5) recommendations for further curtailing the domestic
manufacturing of methamphetamine and reducing its associated
harms; and
(6) such other information as the Comptroller General
determines appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $3,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each fiscal year
thereafter.
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