
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320b-11]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320b-11. Blood donor locator service


(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) of this 
section) 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) of this 
section), for the mailing address of a donor described in subsection (a) 
of this section 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.

(c) Manner and form of requests

    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) of this section, 
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) of this section, 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.

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

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsecs. (b)(2) 
and (g), is classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296, Sec. 108(b)(13)(A), (C), 
substituted ``The Commissioner of Social Security'' for ``The 
Secretary'' and struck out ``under the direction of the Commissioner of 
Social Security,'' before ``which shall be used''.
    Subsec. (b), (c). Pub. L. 103-296, Sec. 108(b)(13)(A), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever 
appearing.
    Subsec. (d). Pub. L. 103-296, Sec. 108(b)(13)(D), which directed 
amendment of par. (6) by substituting ``Social Security Administration'' 
for ``Department of Health Services'', was executed by substituting 
``Social Security Administration'' for ``Department of Health and Human 
Services'' in closing provisions to reflect the probable intent of 
Congress.
    Pub. L. 103-296, Sec. 108(b)(13)(A), substituted ``Commissioner of 
Social Security'' for ``Secretary'' wherever appearing.
    Subsec. (e). Pub. L. 103-296, Sec. 108(b)(13)(A), (B), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever appearing 
and ``Commissioner's'' for ``Secretary's'' in introductory provisions.
    Subsecs. (f), (g), (h)(1)(B). Pub. L. 103-296, Sec. 108(b)(13)(A), 
substituted ``Commissioner of Social Security'' for ``Secretary''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of this 
title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


       Time Limit for Establishment of Blood Donor Locator Service

    Section 8008(b)(2) of Pub. L. 100-647 provided that: ``The Secretary 
of Health and Human Services shall establish the Blood Donor Locator 
Service pursuant to section 1141 of the Social Security Act [this 
section] not later than 180 days after the date of the enactment of this 
Act [Nov. 10, 1988].''

                  Section Referred to in Other Sections

    This section is referred to in section 405 of this title; title 26 
section 6103.
