[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Referred in House (RFH)]
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.
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:
NANCY ERICKSON,
Secretary.