From the U.S. Code Online via GPO Access


[Laws in effect as of January 1, 1994]

[CITE: 42USC289g-2]








            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 


  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.


  \1\ So in original. Probably should be section ``289g-1(g)''.


    (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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