§289g–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

It is illegal to knowingly buy, sell, or transfer human fetal tissue for money when the transfer involves interstate commerce. It is also illegal to ask for or accept donated fetal tissue for transplant across state lines if the tissue came from an induced abortion and one of three things is true: it was promised to go to a recipient named by the donor, it will go to a relative of the donor, or the receiver paid abortion-related costs. It is also illegal to take tissue knowing a pregnancy was started just to provide tissue, or to take tissue from an embryo or fetus that grew inside a nonhuman animal. Breaking these rules can lead to fines under title 18, up to 10 years in prison, or both. If the violation involves buying/selling tissue or paying abortion costs to get tissue, the fine must be at least twice the amount paid. Definitions: “human fetal tissue” — see 289g–1(g); “interstate commerce” — see 21 U.S.C. 321(b); “valuable consideration” — does not include reasonable payments for transport, implantation, processing, preservation, quality control, or storage.

Title 42, §289g–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)It shall be unlawful for any person or entity involved or engaged in interstate commerce to—

(1)solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or

(2)knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of a nonhuman animal.

(d)(1)Any person who violates subsection (a), (b), or (c) shall be fined in accordance with title 18, subject to paragraph (2), or imprisoned for not more than 10 years, or both.

(2)With respect to the imposition of a fine under paragraph (1), if the person involved violates subsection (a) or (b)(3), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received.

(e)For purposes of this section:

(1)The term “human fetal tissue” has the meaning given such term in section 289g–1(g) of this title.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–242, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–242, § 2(1), (3), redesignated subsec. (c) as (d) and substituted “(a), (b), or (c)” for “(a) or (b)” in par. (1). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–242, § 2(1), (4), redesignated subsec. (d) as (e) and substituted “section 289g–1(g)” for “section 289g–1(f)” in par. (1).

§289g–2 Prohibitions regarding human fetal tissue

Summary

Title 42, §289g–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata