II 

110TH CONGRESS 

1ST 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, and Mr. OBAMA) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the manufacture, distribution and use of 

9 methamphetamine have inflicted damages on individVerDate Aug 31 2005 21:16 May 04, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1276.IS S1276

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1 uals, families, communities, businesses, the economy, 

2 and the environment throughout the United States; 

3 (2) methamphetamine is unique among illicit 

4 drugs in that the harms relating to methamphet5 amine stem not only from its distribution and use, 

6 but also from the manufacture of the drug by 

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

8 States; 

9 (3) Federal and State restrictions limiting the 

10 sale of legal drug products that contain meth11 amphetamine precursors have reduced the number 

12 and size of domestic methamphetamine labs; 

13 (4) domestic methamphetamine cooks have 

14 managed to circumvent restrictions on the sale of 

15 methamphetamine precursors by ‘‘smurfing’’, or pur16 chasing impermissibly large cumulative amounts of 

17 precursor products by traveling from retailer to re18 tailer and buying permissible quantities at each re19 tailer; 

20 (5) although Federal and State laws require re21 tailers of methamphetamine precursor products to 

22 keep written or electronic logbooks recording sales of 

23 precursor products, retailers are not always required 

24 to transmit this logbook information to appropriate 


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1 law enforcement and regulatory agencies, except 

2 upon request; 

3 (6) when retailers’ logbook information regard4 ing sales of methamphetamine precursor products is 

5 kept in a database in an electronic format and 

6 transmitted between retailers and appropriate law 

7 enforcement and regulatory agencies, such informa8 tion can be used to further reduce the number of do9 mestic methamphetamine labs by preventing the sale 

10 of methamphetamine precursors in excess of legal 

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

12 and others involved in methamphetamine manufac13 turing; 

14 (7) States and local governments are already 

15 beginning to develop such electronic logbook data16 base systems, but they are hindered by a lack of re17 sources; 

18 (8) efforts by States and local governments to 

19 develop such electronic logbook database systems 

20 may also be hindered by logbook recordkeeping re21 quirements contained in section 310(e) of the Con22 trolled Substances Act (21 U.S.C. 830(e)) that are 

23 tailored to written logbooks and not to electronic 

24 logbooks; and 


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1 (9) providing resources to States and localities 

2 and making technical corrections to the Combat 

3 Methamphetamine Epidemic Act of 2005 will allow 

4 more rapid and widespread development of such 

5 electronic logbook systems, thereby reducing the do6 mestic manufacture of methamphetamine and its as7 sociated harms. 

8 SEC. 3. DEFINITIONS. 

9 In this Act— 

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

11 township, parish, village, or other general purpose 

12 political subdivision of a State; 

13 (2) the term ‘‘methamphetamine precursor elec14 tronic logbook system’’ means a system by which a 

15 regulated seller electronically records and transmits 

16 to an electronic database accessible to appropriate 

17 law enforcement and regulatory agencies information 

18 regarding the sale of a scheduled listed chemical 

19 product that is required to be maintained under sec20 tion 310(e) of the Controlled Substances Act (21 

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

22 governing the distribution of a scheduled listed 

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

24 local law; 


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

2 listed chemical product’’ have the meanings given 

3 such terms in section 102 of the Controlled Sub4 stances Act (21 U.S.C. 802); and 

5 (4) the term ‘‘State’’— 

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

7 the District of Columbia, and any common8 wealth, territory, or possession of the United 

9 States; and 

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

11 term is defined in section 102 of the Federally 

12 Recognized Indian Tribe List Act of 1994 (25 

13 U.S.C. 479a). 

14 SEC. 4. AUTHORIZATION FOR EFFECTIVE METHAMPHET15 AMINE PRECURSOR ELECTRONIC LOGBOOK 

16 SYSTEMS. 

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

18 (21 U.S.C. 830(e)(1)) is amended— 

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

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

21 list or an electronic list that complies with subpara22 graph (H)’’; and 

23 (2) adding at the end the following: 

24 ‘‘(H) ELECTRONIC LOGBOOKS.— 


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1 ‘‘(i) IN GENERAL.—A logbook main2 tained in electronic form shall include, for 

3 each sale to which the requirement of sub4 paragraph (A)(iii) applies, the name of any 

5 product sold, the quantity of that product 

6 sold, the name and address of each pur7 chaser, the date and time of the sale, and 

8 any other information required by State or 

9 local law. 

10 ‘‘(ii) SELLERS.—In complying with 

11 the requirements of clause (i), a regulated 

12 seller may— 

13 ‘‘(I) ask a prospective purchaser 

14 for the name and address, and enter 

15 such information into the electronic 

16 logbook, and if the seller enters the 

17 name and address of the prospective 

18 purchaser into the electronic logbook, 

19 the seller shall determine that the 

20 name entered into the electronic log21 book corresponds to the name pro22 vided on the identification presented 

23 by the purchaser under subparagraph 

24 (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 

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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. 

Æ 


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