[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Reported in Senate (RS)]
Calendar No. 962
110th CONGRESS
2d 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, Mr. Obama, Mrs. Feinstein, Mrs. McCaskill, Mr. Bayh, Mr.
Johnson, Mrs. Lincoln, Mr. Biden, Mr. Conrad, Ms. Murkowski, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
September 15, 2008
Reported by Mr. Leahy, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Methamphetamine Production
Prevention Act of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) States and local governments are already
beginning to develop such electronic logbook database systems,
but they are hindered by a lack of resources;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act--</DELETED>
<DELETED> (1) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) the term ``State''--</DELETED>
<DELETED> (A) means a State of the United States,
the District of Columbia, and any commonwealth,
territory, or possession of the United States;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 4. AUTHORIZATION FOR EFFECTIVE METHAMPHETAMINE PRECURSOR
ELECTRONIC LOGBOOK SYSTEMS.</DELETED>
<DELETED> Section 310(e)(1) of the Controlled Substances Act (21
U.S.C. 830(e)(1)) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) adding at the end the following:</DELETED>
<DELETED> ``(H) Electronic logbooks.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(ii) Sellers.--In complying with
the requirements of clause (i), a regulated
seller may--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) use a software
program that automatically and
accurately records the date and time of
each sale.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(I) Signing a device
presented by the seller that captures
signatures in an electronic
format.</DELETED>
<DELETED> ``(II) Signing a bound
paper book.</DELETED>
<DELETED> ``(III) Signing a printed
document that corresponds to the
electronically-captured logbook
information for such
purchaser.</DELETED>
<DELETED> ``(iv) Electronic signatures.--
</DELETED>
<DELETED> ``(I) Device.--Any device
used under clause (iii)(I) shall--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(bb) display
information that complies with
subparagraph (A)(v).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(v) Paper books.--</DELETED>
<DELETED> ``(I) In general.--Any
bound paper book used under clause
(iii)(II) shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(bb) display
information that complies with
subparagraph (A)(v).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(vi) Printed documents.--
</DELETED>
<DELETED> ``(I) In general.--Any
printed document used under clause
(iii)(III) shall--</DELETED>
<DELETED> ``(aa) be printed
by the seller at the time of
the sale that document relates
to;</DELETED>
<DELETED> ``(bb) display
information that complies with
subparagraph (A)(v);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(dd) contain a
clearly identified signature
line for a purchaser to sign;
and</DELETED>
<DELETED> ``(ee) include a
notice that the signer has read
the printed information and
agrees that it is
accurate.</DELETED>
<DELETED> ``(II) Document
retention.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 5. GRANTS FOR METHAMPHETAMINE PRECURSOR ELECTRONIC
LOGBOOK SYSTEMS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Use of Funds.--</DELETED>
<DELETED> (1) In general.--A grant under this section may be
used to enable a methamphetamine precursor electronic logbook
system to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) facilitate a product recall to protect
public safety.</DELETED>
<DELETED> (c) Grant Requirements.--</DELETED>
<DELETED> (1) Maximum amount.--The Attorney General shall
not award a grant under this section in an amount that exceeds
$300,000.</DELETED>
<DELETED> (2) Duration.--The period of a grant made under
this section shall not exceed 3 years.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) statewide in scope;</DELETED>
<DELETED> (B) capable of real-time capture and
transmission of logbook information to appropriate law
enforcement and regulatory agencies;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Annual report.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) a summary of the activities
carried out with grant funds during that
year;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) a strategic plan for the year
following the year of that report.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. STUDY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report submitted under subsection (a)
shall include--</DELETED>
<DELETED> (1) a summary of the activities carried out with
grant funds during the previous year;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) statewide in scope;</DELETED>
<DELETED> (B) capable of real-time capture and
transmission of logbook information to appropriate law
enforcement and regulatory agencies;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) recommendations for further curtailing the
domestic manufacturing of methamphetamine and reducing its
associated harms; and</DELETED>
<DELETED> (6) such other information as the Comptroller
General determines appropriate.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to carry out this
Act--</DELETED>
<DELETED> (1) $3,000,000 for fiscal year 2008; and</DELETED>
<DELETED> (2) such sums as may be necessary for each fiscal
year thereafter.</DELETED>
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.''.
Amend the title so as to read: ``A bill to facilitate the
creation of methamphetamine precursor electronic logbook
systems, and for other purposes.''.
Calendar No. 962
110th CONGRESS
2d Session
S. 1276
_______________________________________________________________________
A BILL
To establish a grant program to facilitate the creation of
methamphetamine precursor electronic logbook systems, and for other
purposes.
_______________________________________________________________________
September 15, 2008
Reported with an amendment and an amendment to the title