From the U.S. Code Online via GPO Access
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[Laws in effect as of January 1, 1994]
[CITE: 42USC289g-2]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
Part H--General Provisions
Sec. 289g-2. Prohibitions regarding human fetal tissue
(a) Purchase of tissue
It shall be unlawful for any person to knowingly acquire, receive,
or otherwise transfer any human fetal tissue for valuable consideration
if the transfer affects interstate commerce.
(b) Solicitation or acceptance of tissue as directed donation for use in
transplantation
It shall be unlawful for any person to solicit or knowingly acquire,
receive, or accept a donation of human fetal tissue for the purpose of
transplantation of such tissue into another person if the donation
affects interstate commerce, the tissue will be or is obtained pursuant
to an induced abortion, and--
(1) the donation will be or is made pursuant to a promise to the
donating individual that the donated tissue will be transplanted
into a recipient specified by such individual;
(2) the donated tissue will be transplanted into a relative of
the donating individual; or
(3) the person who solicits or knowingly acquires, receives, or
accepts the donation has provided valuable consideration for the
costs associated with such abortion.
(c) Criminal penalties for violations
(1) In general
Any person who violates subsection (a) or (b) of this section
shall be fined in accordance with title 18, subject to paragraph
(2), or imprisoned for not more than 10 years, or both.
(2) Penalties applicable to persons receiving consideration
With respect to the imposition of a fine under paragraph (1), if
the person involved violates subsection (a) or (b)(3) of this
section, a fine shall be imposed in an amount not less than twice
the amount of the valuable consideration received.
(d) Definitions
For purposes of this section:
(1) The term ``human fetal tissue'' has the meaning given such
term in section 289g-1(f) \1\ of this title.
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\1\ So in original. Probably should be section ``289g-1(g)''.
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(2) The term ``interstate commerce'' has the meaning given such
term in section 321(b) of title 21.
(3) The term ``valuable consideration'' does not include
reasonable payments associated with the transportation,
implantation, processing, preservation, quality control, or storage
of human fetal tissue.
(July 1, 1944, ch. 373, title IV, Sec. 498B, as added June 10, 1993,
Pub. L. 103-43, title I, Sec. 112, 107 Stat. 131.)
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