42 U.S.C. § 289g–2: Prohibitions regarding…

Summary

It makes it illegal for anyone to knowingly buy, sell, or transfer human fetal tissue when the transfer crosses state lines or affects interstate trade. It also bans asking for or accepting fetal tissue for transplant if the tissue came from an induced abortion and the donor was promised a specific recipient, the tissue will go to a relative of the donor, or the person accepting it paid for the abortion. It also bans taking tissue if the pregnancy was started on purpose to get tissue or if the embryo or fetus was carried in a nonhuman animal. Violators can face federal fines, up to 10 years in prison, or both. If someone broke the buy/sell ban or paid for abortion costs to get tissue, any fine must be at least twice the money they got. Terms used: human fetal tissue (defined elsewhere), interstate commerce (defined elsewhere), and valuable consideration (doesn’t include reasonable payments for transport, implantation, processing, preservation, quality checks, or storage).

Title 42, §289g–2

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

(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)

(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)Solicitation or acceptance of tissue from fetuses gestated for research purposes

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)Criminal penalties for violations

(1)In general

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)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), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received.

(e)Definitions

For purposes of this section: (1)

(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