I 

110TH CONGRESS 

2D SESSION S. 1276 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2008 

Referred to the Committee on Energy and Commerce, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Methamphetamine 

3 Production Prevention Act of 2008’’. 

4 SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAP5 TURE AND RETENTION FOR ELECTRONIC 

6 METHAMPHETAMINE PRECURSOR LOGBOOK 

7 SYSTEMS. 

8 Section 310(e)(1)(A) of the Controlled Substances 

9 Act (21 U.S.C. 830(e)(1)(A)) is amended by striking 

10 clauses (iv) through (vi) and inserting the following: 

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

12 the requirement of clause (iii) applies, the 

13 seller does not sell such a product unless 

14 the sale is made in accordance with the fol15 lowing: 

16 ‘‘(I) The prospective purchaser— 

17 ‘‘(aa) presents an identifica18 tion card that provides a photo19 graph and is issued by a State or 

20 the Federal Government, or a 

21 document that, with respect to 

22 identification, is considered ac23 ceptable for purposes of sections 

24 274a.2(b)(1)(v)(A) and 

25 274a.2(b)(1)(v)(B) of title 8, 

26 Code of Federal Regulations (as 


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1 in effect on or after March 9, 

2 2006); and 

3 ‘‘(bb) signs the written log4 book and enters in the logbook 

5 his or her name, address, and the 

6 date and time of the sale, or for 

7 transactions involving an elec8 tronic logbook, the purchaser 

9 provides a signature using one of 

10 the following means: 

11 ‘‘(AA) Signing a device 

12 presented by the seller that 

13 captures signatures in an 

14 electronic format. Such de15 vice shall display the notice 

16 described in clause (v). Any 

17 device used shall preserve 

18 each signature in a manner 

19 that clearly links that signa20 ture to the other electroni21 cally-captured logbook infor22 mation relating to the pro23 spective purchaser providing 

24 that signature. 


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1 ‘‘(BB) Signing a bound 

2 paper book. Such bound 

3 paper book shall include, for 

4 such purchaser, either (aaa) 

5 a printed sticker affixed to 

6 the bound paper book at the 

7 time of sale which either dis8 plays the name of each prod9 uct sold, the quantity sold, 

10 the name and address of the 

11 purchaser, and the date and 

12 time of the sale, or a unique 

13 identifier which can be 

14 linked to that electronic in15 formation, or (bbb) a unique 

16 identifier which can be 

17 linked to that information 

18 and which is written into the 

19 book by the seller at the 

20 time of sale. The purchaser 

21 shall sign adjacent to the 

22 printed sticker or written 

23 unique identifier related to 

24 that sale. Such bound paper 


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1 book shall display the notice 

2 described in clause (v). 

3 ‘‘(CC) Signing a print4 ed document that includes, 

5 for such purchaser, the 

6 name of each product sold, 

7 the quantity sold, the name 

8 and address of the pur9 chaser, and the date and 

10 time of the sale. Such docu11 ment shall be printed by the 

12 seller at the time of the sale. 

13 Such document shall contain 

14 a clearly identified signature 

15 line for a purchaser to sign. 

16 Such printed document shall 

17 display the notice described 

18 in clause (v). Each signed 

19 document shall be inserted 

20 into a binder or other secure 

21 means of document storage 

22 immediately after the pur23 chaser signs the document. 

24 ‘‘(II) The seller enters in the log25 book the name of the product and the 


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1 quantity sold. Such information may 

2 be captured through electronic means, 

3 including through electronic data cap4 ture through bar code reader or simi5 lar technology. 

6 ‘‘(III) The logbook maintained by 

7 the seller includes the prospective pur8 chaser’s name, address, and the date 

9 and time of the sale, as follows: 

10 ‘‘(aa) If the purchaser en11 ters the information, the seller 

12 must determine that the name 

13 entered in the logbook cor14 responds to the name provided on 

15 such identification and that the 

16 date and time entered are cor17 rect. 

18 ‘‘(bb) If the seller enters the 

19 information, the prospective pur20 chaser must verify that the infor21 mation is correct. 

22 ‘‘(cc) Such information may 

23 be captured through electronic 

24 means, including through elecVerDate Aug 31 2005 22:14 Sep 30, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1276.RFH S1276

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1 tronic data capture through bar 

2 code reader or similar technology. 

3 ‘‘(v) The written or electronic logbook 

4 includes, in accordance with criteria of the 

5 Attorney General, a notice to purchasers 

6 that entering false statements or misrepre7 sentations in the logbook, or supplying 

8 false information or identification that re9 sults in the entry of false statements or 

10 misrepresentations, may subject the pur11 chasers to criminal penalties under section 

12 1001 of title 18, United States Code, 

13 which notice specifies the maximum fine 

14 and term of imprisonment under such sec15 tion. 

16 ‘‘(vi) Regardless of whether the log17 book entry is written or electronic, the sell18 er maintains each entry in the logbook for 

19 not fewer than 2 years after the date on 

20 which the entry is made.’’. 

Passed the Senate September 25 (legislative day, 

September 17), 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


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