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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 1276

_______________________________________________________________________

                                 AN ACT

 
  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 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.''.

            Passed the Senate September 25 (legislative day, September 
      17), 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 1276

_______________________________________________________________________

                                 AN ACT

  To facilitate the creation of methamphetamine precursor electronic 
                logbook systems, and for other purposes.
```