42 U.S.C. § 1320b–11 — Blood donor locator service

submitted 91 years ago by Pub. L. 100-647 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,268 words · no verdicts yet

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The Commissioner must operate a Blood Donor Locator Service. It provides authorized requesters with recent addresses of donors who may have the virus for acquired immune deficiency syndrome, subject to request rules, confidentiality safeguards, review procedures, and disclosure penalties.

(a) The Commissioner must establish and operate a Blood Donor Locator Service. It obtains and sends an authorized person’s most recent mailing address for a blood donor whose donated blood, blood products, or later-use history shows that the donor has or may have the virus for acquired immune deficiency syndrome, so the donor can be told about a possible need for medical care and treatment. (b) When an authorized person requests the address in the required way and the Commissioner reasonably believes this section’s requirements are met, the Commissioner must promptly seek it from Social Security Administration files and records and, as needed, records obtained under section 6103(m)(6) of the Internal Revenue Code. (c) The request must use the form and method set by regulation, include the donor’s Social Security account number, and include documents the Commissioner requires. (d) Before receiving information, an authorized person must: (1) keep standardized records of each request, its reason and date, and each disclosure; (2) keep the address and related donor records in a secure place; (3) limit access to people whose duties require it and to whom this section permits disclosure; (4) use other safeguards the Commissioner requires to protect confidentiality; (5) report its confidentiality procedures when and in the form the Commissioner requires; and (6) destroy the information and related records after using them for the notification, so they cannot be disclosed. After review under subsection (f), the Commissioner may act against a person that fails these requirements, including refusing further disclosures until compliance is met or will be met. If the person gives information to an agent, these rules apply to both, with the agent acting through the person for reports or other dealings with the Commissioner. The Commissioner must destroy the Administration’s related records after using them to transmit addresses. (e) The Commissioner must arrange with State agencies to receive and transmit requests and information, and with States and authorized persons to cooperate in carrying out this section. (f) Regulations must provide administrative review of a finding that an authorized person failed to meet this section. (g) Paragraphs (1), (2), and (3) of section 7213(a) of the Internal Revenue Code apply to willful unauthorized disclosure of addresses, related donor records, or information derived from them, as they apply to unauthorized tax-return disclosures. Paragraph (4) applies to willfully offering something of material value for such information. (h) For this section, (1) “authorized person” means (A) a State or local-government agency with public-health or blood-donation duties under State law, and (B) an FDA-licensed or registered blood-donation entity that, under the Commissioner’s regulations, protects confidentiality, notifies people found to have or possibly have the virus, and provides counseling; (2) “related blood donor record” means a record, list, or compilation that directly or indirectly identifies someone for whom an address was requested; and (3) “State” includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Commissioner of Social Security shall establish and conduct a Blood Donor Locator Service, which shall be used to obtain and transmit to any authorized person (as defined in subsection (h)(1)) the most recent mailing address of any blood donor who, as indicated by the donated blood or products derived therefrom or by the history of the subsequent use of such blood or blood products, has or may have the virus for acquired immune deficiency syndrome, in order to inform such donor of the possible need for medical care and treatment.

(b) Provision of address information

Whenever the Commissioner of Social Security receives a request, filed by an authorized person (as defined in subsection (h)(1)), for the mailing address of a donor described in subsection (a) and the Commissioner of Social Security is reasonably satisfied that the requirements of this section have been met with respect to such request, the Commissioner of Social Security shall promptly undertake to provide the requested address information from—

(1)

the files and records maintained by the Social Security Administration, and

(2)

such files and records obtained pursuant to section 6103(m)(6) of the Internal Revenue Code of 1986 as the Commissioner of Social Security considers necessary to comply with such request.

A request for address information under this section shall be filed in such manner and form as the Commissioner of Social Security shall by regulation prescribe, shall include the blood donor’s social security account number, and shall be accompanied or supported by such documents as the Commissioner of Social Security may determine to be necessary.

(d) Procedures and safeguards

Any authorized person shall, as a condition for receiving address information from the Blood Donor Locator Service—

(1)

establish and maintain, to the satisfaction of the Commissioner of Social Security, a system for standardizing records with respect to any request, the reason for such request, and the date of such request made by or of it and any disclosure of address information made by or to it,

(2)

establish and maintain, to the satisfaction of the Commissioner of Social Security, a secure area or place in which such address information and all related blood donor records shall be stored,

(3)

restrict, to the satisfaction of the Commissioner of Social Security, access to the address information and related blood donor records only to persons whose duties or responsibilities require access and to whom disclosure may be made under the provisions of this section,

(4)

provide such other safeguards which the Commissioner of Social Security determines (and which the Commissioner of Social Security prescribes in regulations) to be necessary or appropriate to protect the confidentiality of the address information and related blood donor records,

(5)

furnish a report to the Commissioner of Social Security, at such time and containing such information as the Commissioner of Social Security may prescribe, which describes the procedures established and utilized by the authorized person for ensuring the confidentiality of address information and related blood donor records required under this subsection, and

(6)

destroy such address information and related blood donor records, upon completion of their use in providing the notification for which the information was obtained, so as to make such information and records undisclosable.

If the Commissioner of Social Security determines that any authorized person has failed to, or does not, meet the requirements of this subsection, the Commissioner of Social Security may, after any proceedings for review established under subsection (f), take such actions as are necessary to ensure such requirements are met, including refusing to disclose address information to such authorized person until the Commissioner of Social Security determines that such requirements have been or will be met. In the case of any authorized person who discloses any address information received pursuant to this section or any related blood donor records to any agent, this subsection shall apply to such authorized person and each such agent (except that, in the case of an agent, any report to the Commissioner of Social Security or other action with respect to the Commissioner of Social Security shall be made or taken through such authorized person). The Commissioner of Social Security shall destroy all related blood donor records in the possession of the Social Security Administration upon completion of their use in transmitting mailing addresses as required under subsection (a), so as to make such records undisclosable.

(e) Arrangements with State agencies and authorized persons

The Commissioner of Social Security, in carrying out the Commissioner’s duties and functions under this section, shall enter into arrangements—

(1)

with State agencies to accept and to transmit to the Commissioner of Social Security requests for address information under this section and to accept and to transmit such information to authorized persons, and

(2)

with State agencies and authorized persons otherwise to cooperate with the Commissioner of Social Security in carrying out the purposes of this section.

(f) Procedures for administrative review

The Commissioner of Social Security shall by regulation prescribe procedures which provide for administrative review of any determination that any authorized person has failed to meet the requirements of this section.

(g) Unauthorized disclosure of information

Paragraphs (1), (2), and (3) of section 7213(a) of the Internal Revenue Code of 1986 shall apply with respect to the unauthorized willful disclosure to any person of address information or related blood donor records acquired or maintained by or under the Commissioner of Social Security, or pursuant to this section by any authorized person, or of information derived from any such address information or related blood donor records, in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such paragraphs. Paragraph (4) of section 7213(a) of such Code shall apply with respect to the willful offer of any item of material value in exchange for any such address information or related blood donor record in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph.

(h) Definitions

For purposes of this section—

(1) Authorized person

The term “authorized person” means—

(A)

any agency of a State (or of a political subdivision of a State) which has duties or authority under State law relating to the public health or otherwise has the duty or authority under State law to regulate blood donations, and

(B)

any entity engaged in the acceptance of blood donations which is licensed or registered by the Food and Drug Administration in connection with the acceptance of such blood donations, and which, in accordance with such regulations as may be prescribed by the Commissioner of Social Security, provides for—

(i)

the confidentiality of any address information received pursuant to this section and related blood donor records,

(ii)

blood donor notification procedures for individuals with respect to whom such information is requested and a finding has been made that they have or may have the virus for acquired immune deficiency syndrome, and

(iii)

counseling services for such individuals who have been found to have such virus.

(2) Related blood donor record

The term “related blood donor record” means any record, list, or compilation which indicates, directly or indirectly, the identity of any individual with respect to whom a request for address information has been made pursuant to this section.

(3) State

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas, and the Trust Territory of the Pacific Islands.

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1141, as added Pub. L. 100–647, title VIII, § 8008(b)(1), Nov. 10, 1988, 102 Stat. 3784; amended Pub. L. 103–296, title I, § 108(b)(13), Aug. 15, 1994, 108 Stat. 1484.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 100-647 · 102 Stat. 3784
1994Amended · Pub. L. 103-296 · 108 Stat. 1484

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-647 on 1935-08-14.

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