Page:United States Statutes at Large Volume 102 Part 4.djvu/815

 PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3785

"(5) furnish a report to the Secretary, at such tune and Reports. containing such information as the Secretary 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 Secretary determines that any authorized person has failed to, or does not, meet the requirements of this subsection, the Secretary may, after any proce^lings 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 Secretary 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 Secretary or other action with respect to the Secretary shall be made or taken through such authorized person). The Secretary shall destroy all related blood donor records in the possession of the Department of Health and Human Services upon completion of their use in transmitting mailing addresses as required under subsection (a), so as to make such records undisclosable. "(e) ARRANGEBCENTS WITH STATE AGENCIES AND AUTHORIZED PER-

SONS.—The Secretary, in carrying out the Secretary's duties and functions under this section, shall enter into arrangements— "(1) with State agencies to accept and to transmit to the Secretary 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 Secretary in carrying out the purposes of this section. "(f) PROCEDURES FOR ADMINISTRATIVE REVIEW.—The Secretary Regulations. shall by r^ulation 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 OP 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 Secretary, 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 Ckxie shall apply with respect to the wUlfiil 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) descrU)ed in such paragraph.

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