
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: 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 Pub. L. 103-43, 
title I, Sec. 112, June 10, 1993, 107 Stat. 131.)
