
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC274e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                        Part H--Organ Transplants
 
Sec. 274e. Prohibition of organ purchases


(a) Prohibition

    It shall be unlawful for any person to knowingly acquire, receive, 
or otherwise transfer any human organ for valuable consideration for use 
in human transplantation if the transfer affects interstate commerce.

(b) Penalties

    Any person who violates subsection (a) of this section shall be 
fined not more than $50,000 or imprisoned not more than five years, or 
both.

(c) Definitions

    For purposes of subsection (a) of this section:
        (1) The term ``human organ'' means the human (including fetal) 
    kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, 
    bone, and skin or any subpart thereof and any other human organ (or 
    any subpart thereof, including that derived from a fetus) specified 
    by the Secretary of Health and Human Services by regulation.
        (2) The term ``valuable consideration'' does not include the 
    reasonable payments associated with the removal, transportation, 
    implantation, processing, preservation, quality control, and storage 
    of a human organ or the expenses of travel, housing, and lost wages 
    incurred by the donor of a human organ in connection with the 
    donation of the organ.
        (3) The term ``interstate commerce'' has the meaning prescribed 
    for it by section 321(b) of title 21.

(Pub. L. 98-507, title III, Sec. 301, Oct. 19, 1984, 98 Stat. 2346; Pub. 
L. 100-607, title IV, Sec. 407, Nov. 4, 1988, 102 Stat. 3116.)

                          Codification

    Section was enacted as part of the National Organ Transplant Act, 
and not as part of the Public Health Service Act which comprises this 
chapter.


                               Amendments

    1988--Subsec. (c)(1). Pub. L. 100-607 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``The term `human organ' 
means the human kidney, liver, heart, lung, pancreas, bone marrow, 
cornea, eye, bone, and skin, and any other human organ specified by the 
Secretary of Health and Human Services by regulation.''
