[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[House]
[Pages H10621-H10622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2007

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that the Committee 
on Energy and Commerce and the Committee on the Judiciary be discharged 
from further consideration of the Senate bill (S. 1276) to establish a 
grant program to facilitate the creation of methamphetamine precursor 
electronic logbook systems, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 1276

       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

[[Page H10622]]

     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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.




                          ____________________