Page:United States Statutes at Large Volume 106 Part 3.djvu/268

 106 STAT. 2062 PUBLIC LAW 102-408—OCT. 13, 1992 to supply such data and inform him of any specific consequences, known to the Secretary or program entity as the case may be, of providing or not providing such data; "(B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him; "(C) assure that no use is made of personal data which is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and "(D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the activities conducted under this section. "(2) CONSENT AS PRECONDITION TO TRANSFER OF INFORMA- TION.—Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity to use such data for purposes of this section snail not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer. "(3) DISCLOSURE BY SECRETARY.— "(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity for purposes of this section may not be made available or disclosed by the Secretary or any program entity to any person otner than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (li) shall be notified of the demand for such data. "(B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not personal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health professions personnel. "(4) DEFINITIONS.—For purposes of this subsection, the term 'program entity* means any public or private entity which collects, compiles, or analyzes health professions data under an arrangement with the Secretary for purposes of this section. Committee on Energy and Commerce of the House of Representatives and to the Committee on Labor and Human Resources of the Senate a report on— "(1) the statistics and other information developed pursuant to subsection (a); and "(2) the activities conducted under subparts I and H of part D, including an evaluation of such activities. Such report shall contain such recommendations for legislation as the Secretary determines are needed to improve the programs authorized under such subparts. The Ofilce of Management and
 * (c) REPORT.—The Secretary shall submit biennially to the

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