[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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