[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