From the U.S. Code Online via GPO Access


[wais.access.gpo.gov]


[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.)