II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Methamphetamine 

5 Production Prevention Act of 2007’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the manufacture, distribution and use of 

4 methamphetamine have inflicted damages on individ5 uals, families, communities, businesses, the economy, 

6 and the environment throughout the United States; 

7 (2) methamphetamine is unique among illicit 

8 drugs in that the harms relating to methamphet9 amine stem not only from its distribution and use, 

10 but also from the manufacture of the drug by 

11 ‘‘cooks’’ in clandestine labs throughout the United 

12 States; 

13 (3) Federal and State restrictions limiting the 

14 sale of legal drug products that contain meth15 amphetamine precursors have reduced the number 

16 and size of domestic methamphetamine labs; 

17 (4) domestic methamphetamine cooks have 

18 managed to circumvent restrictions on the sale of 

19 methamphetamine precursors by ‘‘smurfing’’, or pur20 chasing impermissibly large cumulative amounts of 

21 precursor products by traveling from retailer to re22 tailer and buying permissible quantities at each re23 tailer; 

24 (5) although Federal and State laws require re25 tailers of methamphetamine precursor products to 

26 keep written or electronic logbooks recording sales of 


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1 precursor products, retailers are not always required 

2 to transmit this logbook information to appropriate 

3 law enforcement and regulatory agencies, except 

4 upon request; 

5 (6) when retailers’ logbook information regard6 ing sales of methamphetamine precursor products is 

7 kept in a database in an electronic format and 

8 transmitted between retailers and appropriate law 

9 enforcement and regulatory agencies, such informa10 tion can be used to further reduce the number of do11 mestic methamphetamine labs by preventing the sale 

12 of methamphetamine precursors in excess of legal 

13 limits, and by identifying and prosecuting ‘‘smurfs’’ 

14 and others involved in methamphetamine manufac15 turing; 

16 (7) States and local governments are already 

17 beginning to develop such electronic logbook data18 base systems, but they are hindered by a lack of re19 sources; 

20 (8) efforts by States and local governments to 

21 develop such electronic logbook database systems 

22 may also be hindered by logbook recordkeeping re23 quirements contained in section 310(e) of the Con24 trolled Substances Act (21 U.S.C. 830(e)) that are 


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1 tailored to written logbooks and not to electronic 

2 logbooks; and 

3 (9) providing resources to States and localities 

4 and making technical corrections to the Combat 

5 Methamphetamine Epidemic Act of 2005 will allow 

6 more rapid and widespread development of such 

7 electronic logbook systems, thereby reducing the do8 mestic manufacture of methamphetamine and its as9 sociated harms. 

10 SEC. 3. DEFINITIONS. 

11 In this Act— 

12 (1) the term ‘‘local’’ means a county, city, town, 

13 township, parish, village, or other general purpose 

14 political subdivision of a State; 

15 (2) the term ‘‘methamphetamine precursor elec16 tronic logbook system’’ means a system by which a 

17 regulated seller electronically records and transmits 

18 to an electronic database accessible to appropriate 

19 law enforcement and regulatory agencies information 

20 regarding the sale of a scheduled listed chemical 

21 product that is required to be maintained under sec22 tion 310(e) of the Controlled Substances Act (21 

23 U.S.C. 830(e)) (as amended by this Act), State law 

24 governing the distribution of a scheduled listed 


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1 chemical product, or any other Federal, State, or 

2 local law; 

3 (3) the terms ‘‘regulated seller’’ and ‘‘scheduled 

4 listed chemical product’’ have the meanings given 

5 such terms in section 102 of the Controlled Sub6 stances Act (21 U.S.C. 802); and 

7 (4) the term ‘‘State’’— 

8 (A) means a State of the United States, 

9 the District of Columbia, and any common10 wealth, territory, or possession of the United 

11 States; and 

12 (B) includes an ‘‘Indian tribe’’, as that 

13 term is defined in section 102 of the Federally 

14 Recognized Indian Tribe List Act of 1994 (25 

15 U.S.C. 479a). 

16 SEC. 4. AUTHORIZATION FOR EFFECTIVE METHAMPHET17 AMINE PRECURSOR ELECTRONIC LOGBOOK 

18 SYSTEMS. 

19 Section 310(e)(1) of the Controlled Substances Act 

20 (21 U.S.C. 830(e)(1)) is amended— 

21 (1) in subparagraph (A)(iii), by striking ‘‘a 

22 written or electronic list’’ and inserting ‘‘a written 

23 list or an electronic list that complies with subpara24 graph (H)’’; and 

25 (2) adding at the end the following: 


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1 ‘‘(H) ELECTRONIC LOGBOOKS.— 

2 ‘‘(i) IN GENERAL.—A logbook main3 tained in electronic form shall include, for 

4 each sale to which the requirement of sub5 paragraph (A)(iii) applies, the name of any 

6 product sold, the quantity of that product 

7 sold, the name and address of each pur8 chaser, the date and time of the sale, and 

9 any other information required by State or 

10 local law. 

11 ‘‘(ii) SELLERS.—In complying with 

12 the requirements of clause (i), a regulated 

13 seller may— 

14 ‘‘(I) ask a prospective purchaser 

15 for the name and address, and enter 

16 such information into the electronic 

17 logbook, and if the seller enters the 

18 name and address of the prospective 

19 purchaser into the electronic logbook, 

20 the seller shall determine that the 

21 name entered into the electronic log22 book corresponds to the name pro23 vided on the identification presented 

24 by the purchaser under subparagraph 

25 (A)(iv)(I)(aa); and 


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1 ‘‘(II) use a software program 

2 that automatically and accurately 

3 records the date and time of each 

4 sale. 

5 ‘‘(iii) PURCHASERS.—A prospective 

6 purchaser in a sale to which the require7 ment of subparagraph (A)(iii) applies that 

8 is being documented in an electronic log9 book shall provide a signature in at least 

10 one of the following ways: 

11 ‘‘(I) Signing a device presented 

12 by the seller that captures signatures 

13 in an electronic format. 

14 ‘‘(II) Signing a bound paper 

15 book. 

16 ‘‘(III) Signing a printed docu17 ment that corresponds to the elec18 tronically-captured logbook informa19 tion for such purchaser. 

20 ‘‘(iv) ELECTRONIC SIGNATURES.— 

21 ‘‘(I) DEVICE.—Any device used 

22 under clause (iii)(I) shall— 

23 ‘‘(aa) preserve each signa24 ture in a manner that clearly 

25 links that signature to the other 


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1 electronically-captured logbook 

2 information relating to the pro3 spective purchaser providing that 

4 signature; and 

5 ‘‘(bb) display information 

6 that complies with subparagraph 

7 (A)(v). 

8 ‘‘(II) DOCUMENT RETENTION.— 

9 A regulated seller that uses a device 

10 under clause (iii)(I) to capture signa11 tures shall maintain each such signa12 ture for not less than 2 years after 

13 the date on which that signature is 

14 captured. 

15 ‘‘(v) PAPER BOOKS.— 

16 ‘‘(I) IN GENERAL.—Any bound 

17 paper book used under clause (iii)(II) 

18 shall— 

19 ‘‘(aa) ensure that the signa20 ture of the prospective purchaser 

21 is adjacent to a unique identifier 

22 number or a printed sticker that 

23 clearly links that signature to the 

24 electronically-captured logbook 


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1 information relating to that pro2 spective purchaser; and 

3 ‘‘(bb) display information 

4 that complies with subparagraph 

5 (A)(v). 

6 ‘‘(II) DOCUMENT RETENTION.— 

7 A regulated seller that uses bound 

8 paper books under clause (iii)(II) shall 

9 maintain any entry in such books for 

10 not less than 2 years after the date on 

11 which that entry is made. 

12 ‘‘(vi) PRINTED DOCUMENTS.— 

13 ‘‘(I) IN GENERAL.—Any printed 

14 document used under clause (iii)(III) 

15 shall— 

16 ‘‘(aa) be printed by the sell17 er at the time of the sale that 

18 document relates to; 

19 ‘‘(bb) display information 

20 that complies with subparagraph 

21 (A)(v); 

22 ‘‘(cc) for the relevant sale, 

23 list the name of each product 

24 sold, the quantity sold, the name 

25 and address of the purchaser, 


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1 and the date and time of the 

2 sale; 

3 ‘‘(dd) contain a clearly iden4 tified signature line for a pur5 chaser to sign; and 

6 ‘‘(ee) include a notice that 

7 the signer has read the printed 

8 information and agrees that it is 

9 accurate. 

10 ‘‘(II) DOCUMENT RETENTION.— 

11 ‘‘(aa) IN GENERAL.—A reg12 ulated seller that uses printed 

13 documents under clause (iii)(III) 

14 shall maintain each such docu15 ment for not less than 2 years 

16 after the date on which that doc17 ument is signed. 

18 ‘‘(bb) SECURE STORAGE.— 

19 Each signed document shall be 

20 inserted into a binder or other 

21 secure means of document stor22 age immediately after the pur23 chaser signs the document.’’. 


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1 SEC. 5. GRANTS FOR METHAMPHETAMINE PRECURSOR 

2 ELECTRONIC LOGBOOK SYSTEMS. 

3 (a) ESTABLISHMENT.—The Attorney General of the 

4 United States, through the Office of Justice Programs of 

5 the Department of Justice, may make grants, in accord6 ance with such regulations as the Attorney General may 

7 prescribe, to State and local governments to plan, develop, 

8 implement, or enhance methamphetamine precursor elec9 tronic logbook systems. 

10 (b) USE OF FUNDS.— 

11 (1) IN GENERAL.—A grant under this section 

12 may be used to enable a methamphetamine pre13 cursor electronic logbook system to— 

14 (A) indicate to a regulated seller, upon the 

15 entry of information regarding a prospective 

16 purchaser into the methamphetamine precursor 

17 electronic logbook system, whether that pro18 spective purchaser has been determined by ap19 propriate law enforcement or regulatory agen20 cies to be eligible, ineligible, or potentially ineli21 gible to purchase a scheduled listed chemical 

22 product under Federal, State, or local law; and 

23 (B) provide contact information for a pro24 spective purchaser to use if the prospective pur25 chaser wishes to question a determination by 

26 appropriate law enforcement or regulatory 


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1 agencies that the prospective purchaser is ineli2 gible or potentially ineligible to purchase a 

3 scheduled listed chemical product. 

4 (2) ACCESS TO INFORMATION.—Any meth5 amphetamine precursor electronic logbook system 

6 planned, developed, implemented, or enhanced with a 

7 grant under this section shall prohibit accessing, 

8 using, or sharing information entered into that sys9 tem for any purpose other than to— 

10 (A) ensure compliance with this Act, sec11 tion 310(e) of the Controlled Substances Act 

12 (21 U.S.C. 830(e)) (as amended by this Act), 

13 State law governing the distribution of any 

14 scheduled listed chemical product, or other ap15 plicable Federal, State, or local law; or 

16 (B) facilitate a product recall to protect 

17 public safety. 

18 (c) GRANT REQUIREMENTS.— 

19 (1) MAXIMUM AMOUNT.—The Attorney General 

20 shall not award a grant under this section in an 

21 amount that exceeds $300,000. 

22 (2) DURATION.—The period of a grant made 

23 under this section shall not exceed 3 years. 

24 (3) MATCHING REQUIREMENT.—Not less than 

25 25 percent of the cost of a project for which a grant 


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1 is made under this section shall be provided by non2 Federal sources. 

3 (4) PREFERENCE FOR GRANTS.—In awarding 

4 grants under this section, the Attorney General shall 

5 give priority to any grant application involving a 

6 proposed or ongoing methamphetamine precursor 

7 electronic logbook system that is— 

8 (A) statewide in scope; 

9 (B) capable of real-time capture and trans10 mission of logbook information to appropriate 

11 law enforcement and regulatory agencies; 

12 (C) designed in a manner that will facili13 tate the exchange of logbook information be14 tween appropriate law enforcement and regu15 latory agencies across jurisdictional boundaries, 

16 including State boundaries; and 

17 (D) developed and operated, to the extent 

18 feasible, in consultation and ongoing coordina19 tion with the Drug Enforcement Administra20 tion, the Office of Justice Programs, the Office 

21 of National Drug Control Policy, the non-profit 

22 corporation described in section 1105 of the Of23 fice of National Drug Control Policy Reauthor24 ization Act of 2006 (21 U.S.C. 1701 note), 

25 other Federal, State, and local law enforcement 


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1 and regulatory agencies, as appropriate, and 

2 regulated sellers. 

3 (5) ANNUAL REPORT.— 

4 (A) IN GENERAL.—Not later than Decem5 ber 31 of each calendar year in which funds 

6 from a grant received under this section are ex7 pended, the Attorney General shall submit a re8 port to Congress containing— 

9 (i) a summary of the activities carried 

10 out with grant funds during that year; 

11 (ii) an assessment of the effectiveness 

12 of the activities described in clause (i) on 

13 the planning, development, implementation 

14 or enhancement of methamphetamine pre15 cursor electronic logbook systems; 

16 (iii) an assessment of the effect of the 

17 activities described in clause (i) on cur18 tailing the manufacturing of methamphet19 amine in the United States and the harms 

20 associated with such manufacturing; and 

21 (iv) a strategic plan for the year fol22 lowing the year of that report. 

23 (B) ADDITIONAL INFORMATION.—The At24 torney General may require the recipient of a 

25 grant under this section to provide information 


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1 relevant to preparing any report under subpara2 graph (A) in a report that grant recipient is re3 quired to submit to the Office of Justice Pro4 grams of the Department of Justice. 

5 SEC. 6. STUDY. 

6 (a) IN GENERAL.—Not later than 1 year after the 

7 date on which grant funds under section 5 are first distrib8 uted, the Comptroller General of the United States shall 

9 conduct a study and submit to Congress a report regard10 ing the effectiveness of methamphetamine precursor elec11 tronic logbook systems that receive funding under that 

12 section. 

13 (b) CONTENTS.—The report submitted under sub14 section (a) shall include— 

15 (1) a summary of the activities carried out with 

16 grant funds during the previous year; 

17 (2) an assessment of the effectiveness of the ac18 tivities described in paragraph (1) on the planning, 

19 development, implementation or enhancement of 

20 methamphetamine precursor electronic logbook sys21 tems in the United States; 

22 (3) an assessment of the extent to which pro23 posed or operational methamphetamine precursor 

24 electronic logbook systems in the United States, inVerDate Aug 31 2005 00:05 Sep 16, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S1276.RS S1276

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1 cluding those that receive funding under section 5, 

2 are— 

3 (A) statewide in scope; 

4 (B) capable of real-time capture and trans5 mission of logbook information to appropriate 

6 law enforcement and regulatory agencies; 

7 (C) designed in a manner that will facili8 tate the exchange of logbook information be9 tween appropriate law enforcement and regu10 latory agencies across jurisdictional boundaries, 

11 including State boundaries; and 

12 (D) developed and operated, to the extent 

13 feasible, upon consultation with and in ongoing 

14 coordination with the Drug Enforcement Ad15 ministration, the Office of Justice Programs, 

16 the Office of National Drug Control Policy, the 

17 non-profit corporation described in section 1105 

18 of the Office of National Drug Control Policy 

19 Reauthorization Act of 2006 (21 U.S.C. 1701 

20 note), other Federal, State, and local law en21 forcement and regulatory agencies, as appro22 priate, and regulated sellers; 

23 (4) an assessment of the effect of methamphet24 amine precursor electronic logbook systems, includ25 ing those that receive funding under this Act, on 


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1 curtailing the manufacturing of methamphetamine 

2 in the United States and reducing its associated 

3 harms; 

4 (5) recommendations for further curtailing the 

5 domestic manufacturing of methamphetamine and 

6 reducing its associated harms; and 

7 (6) such other information as the Comptroller 

8 General determines appropriate. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to carry out 

11 this Act— 

12 (1) $3,000,000 for fiscal year 2008; and 

13 (2) such sums as may be necessary for each fis14 cal year thereafter. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Methamphetamine Pro17 duction Prevention Act of 2008’’. 

18 SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE 

19 AND RETENTION FOR ELECTRONIC METH20 AMPHETAMINE PRECURSOR LOGBOOK SYS21 TEMS. 

22 Section 310(e)(1)(A) of the Controlled Substances Act 

23 (21 U.S.C. 830(e)(1)(A)) is amended by striking clauses (iv) 

24 through (vi) and inserting the following: 


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1 ‘‘(iv) In the case of a sale to which the 

2 requirement of clause (iii) applies, the seller 

3 does not sell such a product unless the sale 

4 is made in accordance with the following: 

5 ‘‘(I) The prospective purchaser— 

6 ‘‘(aa) presents an identifica7 tion card that provides a photo8 graph and is issued by a State or 

9 the Federal Government, or a doc10 ument that, with respect to identi11 fication, is considered acceptable 

12 for purposes of sections 

13 274a.2(b)(1)(v)(A) and 

14 274a.2(b)(1)(v)(B) of title 8, Code 

15 of Federal Regulations (as in ef16 fect on or after March 9, 2006); 

17 and 

18 ‘‘(bb) signs the written log19 book and enters in the logbook his 

20 or her name, address, and the 

21 date and time of the sale, or for 

22 transactions involving an elec23 tronic logbook, the purchaser pro24 vides a signature using one of the 

25 following means: 


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1 ‘‘(AA) Signing a device 

2 presented by the seller that 

3 captures signatures in an 

4 electronic format. Such de5 vice shall display the notice 

6 described in clause (v). Any 

7 device used shall preserve 

8 each signature in a manner 

9 that clearly links that signa10 ture to the other electroni11 cally-captured logbook infor12 mation relating to the pro13 spective purchaser providing 

14 that signature. 

15 ‘‘(BB) Signing a bound 

16 paper book. Such bound 

17 paper book shall include, for 

18 such purchaser, either (aaa) 

19 a printed sticker affixed to 

20 the bound paper book at the 

21 time of sale which either dis22 plays the name of each prod23 uct sold, the quantity sold, 

24 the name and address of the 

25 purchaser, and the date and 


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1 time of the sale, or a unique 

2 identifier which can be 

3 linked to that electronic in4 formation, or (bbb) a unique 

5 identifier which can be 

6 linked to that information 

7 and which is written into the 

8 book by the seller at the time 

9 of sale. The purchaser shall 

10 sign adjacent to the printed 

11 sticker or written unique 

12 identifier related to that sale. 

13 Such bound paper book shall 

14 display the notice described 

15 in clause (v). 

16 ‘‘(CC) Signing a print17 ed document that includes, 

18 for such purchaser, the name 

19 of each product sold, the 

20 quantity sold, the name and 

21 address of the purchaser, and 

22 the date and time of the sale. 

23 Such document shall be 

24 printed by the seller at the 

25 time of the sale. Such docuVerDate Aug 31 2005 00:05 Sep 16, 2008 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\S1276.RS S1276

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1 ment shall contain a clearly 

2 identified signature line for a 

3 purchaser to sign. Such 

4 printed document shall dis5 play the notice described in 

6 clause (v). Each signed docu7 ment shall be inserted into a 

8 binder or other secure means 

9 of document storage imme10 diately after the purchaser 

11 signs the document. 

12 ‘‘(II) The seller enters in the log13 book the name of the product and the 

14 quantity sold. Such information may 

15 be captured through electronic means, 

16 including through electronic data cap17 ture through bar code reader or similar 

18 technology. 

19 ‘‘(III) The logbook maintained by 

20 the seller includes the prospective pur21 chaser’s name, address, and the date 

22 and time of the sale, as follows: 

23 ‘‘(aa) If the purchaser enters 

24 the information, the seller must 

25 determine that the name entered 


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1 in the logbook corresponds to the 

2 name provided on such identifica3 tion and that the date and time 

4 entered are correct. 

5 ‘‘(bb) If the seller enters the 

6 information, the prospective pur7 chaser must verify that the infor8 mation is correct. 

9 ‘‘(cc) Such information may 

10 be captured through electronic 

11 means, including through elec12 tronic data capture through bar 

13 code reader or similar technology. 

14 ‘‘(v) The written or electronic logbook 

15 includes, in accordance with criteria of the 

16 Attorney General, a notice to purchasers 

17 that entering false statements or misrepre18 sentations in the logbook, or supplying false 

19 information or identification that results in 

20 the entry of false statements or misrepresen21 tations, may subject the purchasers to 

22 criminal penalties under section 1001 of 

23 title 18, United States Code, which notice 

24 specifies the maximum fine and term of im25 prisonment under such section. 


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1 ‘‘(vi) Regardless of whether the logbook 

2 entry is written or electronic, the seller 

3 maintains each entry in the logbook for not 

4 fewer than 2 years after the date on which 

5 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.’’. 


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Calendar No. 962 

110TH CONGRESS 

2D SESSION S. 1276 

A BILL 

To establish a grant program to facilitate the crelogbook systems, and for other purposes. ation of methamphetamine precursor electronic 

SEPTEMBER 15, 2008 

Reported with an amendment and an amendment to the 

title 


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