§1320b–11 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Social Security Commissioner must create and run a Blood Donor Locator Service. The service will find and send the most recent mailing address of any blood donor who has or may have the virus that causes AIDS, so that the donor can be told they may need medical care. Only an “authorized person” can ask for an address. Requests must follow the Commissioner’s rules, include the donor’s social security account number, and include any supporting papers the Commissioner requires. When satisfied the request meets the rules, the Commissioner must get the address from Social Security records and from records obtained under section 6103(m)(6) of the Internal Revenue Code. Authorized persons who get addresses must keep good records, store information in a secure place, limit who can see it, use other safeguards the Commissioner requires, report how they protect the information, and destroy the information after it is used to notify the donor. The Commissioner must work with State agencies to accept and pass on requests and information and must provide an administrative review process if an authorized person is found to have failed to meet the rules. Willful, unauthorized disclosure or trading for this information is subject to the penalties in section 7213(a) of the Internal Revenue Code (paragraphs (1), (2), (3) and, for offers of material value, paragraph (4)). Authorized person: a State public-health or blood-regulating agency, or an FDA-licensed blood collection entity that keeps information private, notifies donors, and offers counseling. Related blood donor record: any list or record that identifies a donor. “State” includes DC, Puerto Rico, the Virgin Islands, Guam, the Northern Marianas, and the Trust Territory of the Pacific Islands.

Title 42, §1320b–11

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

(c)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)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.

(e)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)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)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)For purposes of this section—

(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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”. Subsecs. (b), (c). Pub. L. 103–296, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing. Subsec. (d). Pub. L. 103–296, § 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, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing. Subsec. (e). Pub. L. 103–296, § 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, § 108(b)(13)(A), substituted “Commissioner of Social Security” for “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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. Time Limit for Establishment of Blood Donor Locator Service Pub. L. 100–647, title VIII, § 8008(b)(2), Nov. 10, 1988, 102 Stat. 3786, required the Secretary of Health and Human Services to establish the Blood Donor Locator Service pursuant to this section no later than 180 days after Nov. 10, 1988.

Executive Documents

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.

§1320b–11 Blood donor locator service