§ 274e. Prohibition of organ purchases
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/usc/title-42/section-274eA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. The preceding sentence does not apply with respect to human organ paired donation.
(b)Penalties Any person who violates subsection
(a)shall be fined not more than $50,000 or imprisoned not more than five years, or both.
(c)Definitions For purposes of subsection (a):
(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.
(4)The term “human organ paired donation” means the donation and receipt of human organs under the following circumstances:
(A)An individual (referred to in this paragraph as the “first donor”) desires to make a living donation of a human organ specifically to a particular patient (referred to in this paragraph as the “first patient”), but such donor is biologically incompatible as a donor for such patient.
(B)A second individual (referred to in this paragraph as the “second donor”) desires to make a living donation of a human organ specifically to a second particular patient (referred to in this paragraph as the “second patient”), but such donor is biologically incompatible as a donor for such patient.
(C)Subject to subparagraph (D), the first donor is biologically compatible as a donor of a human organ for the second patient, and the second donor is biologically compatible as a donor of a human organ for the first patient.
(D)If there is any additional donor-patient pair as described in subparagraph
(A)or (B), each donor in the group of donor-patient pairs is biologically compatible as a donor of a human organ for a patient in such group.
(E)All donors and patients in the group of donor-patient pairs (whether 2 pairs or more than 2 pairs) enter into a single agreement to donate and receive such human organs, respectively, according to such biological compatibility in the group.
(F)Other than as described in subparagraph (E), no valuable consideration is knowingly acquired, received, or otherwise transferred with respect to the human organs referred to in such subparagraph.
(Pub. L. 98–507, title III, § 301, Oct. 19, 1984, 98 Stat. 2346; Pub. L. 100–607, title IV, § 407, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 110–144, § 2, Dec. 21, 2007, 121 Stat. 1813.)
Connections112 cite this · traces to 4
Cited by 112 sections · top 60
U.S. Code
register
- NoticesFinal rule
- NoticesNotice
- NoticesRequest for Information
- NoticesFinal rule
- Proposed RulesNotice of proposed rulemaking
- NoticesFinal notice; response to solicitation of comments and publication of final program eligibility guidelines SUMMARY: A notice was published in the **Federal Register** on March 31, 2020, to solicit comments on the eligibility criteria that were proposed by HRSA concerning the Living Organ Donation Reimbursement Program (formerly Reimbursement of Travel and Subsistence Expenses toward Living Organ Donation Program)
- Rules and RegulationsNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- Rules and RegulationsNotice of proposed rulemaking
- NoticesProposed Consent Agreement
- Proposed RulesFinal rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Proposed RulesNotice of proposed rulemaking
- Proposed RulesFinal rule
- Proposed RulesNotice of proposed rulemaking
- NoticesResponse to Solicitation of Comments and Publication of Final Program Eligibility Guidelines
- Rules and RegulationsDirect final rule
statutes-at-large
- Public Law 98–507To provide for the establishment of the Task Force on Organ Transplantation and the Organ Procurement and Transplantation Network, to authorize financial assistance for organ procurement organizations, and for other purposes
- Public Law 114–104To reauthorize the Stem Cell Therapeutic and Research Act of 2005, and for other purposes
- Public Law 110–413To establish the Stephanie Tubbs Jones Gift of Life Medal for organ donors and the family of organ donors
- Public Law 100–607To amend the Public Health Service Act to establish certain health programs, to revise and extend certain health programs, and Tor other purposes
- Public Law 110–144To amend the National Organ Transplant Act to provide that criminal penalties do not apply to human organ paired donation, and for other purposes
statute-compilations
bill
- Sec. 1Amendment to the National Organ Transplant Act to prevent the sale of bone marrow and umbilical cord blood
- Sec. 5Amendments to the State Department Basic Authorities Act of 1956
- Sec. 5Revocation or denial of passports to individuals who are organ traffickers
- Sec. 6Amendments to the Trafficking Victims Protection Act of 2000
- Sec. 8Definitions
- Sec. 5Revocation or denial of passports to individuals who are organ traffickers
- Sec. 6Amendments to the Trafficking Victims Protection Act of 2000
- Sec. 8Definitions
- Sec. 3Clarification of certain provisions of the National Organ Transplant Act
- Sec. 5Revocation or denial of passports to individuals who are organ traffickers
- Sec. 6Amendments to the Trafficking Victims Protection Act of 2000
- Sec. 8Definitions
- Sec. 3Clarification of certain provisions of the National Organ Transplant Act
- Sec. 5Revocation or denial of passports to individuals who are organ traffickers
- Sec. 6Amendments to the Trafficking Victims Protection Act of 2000
- Sec. 8Definitions
- Sec. 4Imposition of visa sanctions
- Sec. 3Clarification of certain provisions of the National Organ Transplant Act
- Sec. 3Definitions
- Sec. 4Authority to deny or revoke passports
- Sec. 5Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
- Sec. 3Definitions
- Sec. 4Authority to deny or revoke passports
- Sec. 5Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
- Sec. 4Imposition of visa sanctions
- Sec. 3Definitions
- Sec. 4Authority to deny or revoke passports
- Sec. 5Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
- Sec. 3Clarification of certain provisions of the National Organ Transplant Act
- Sec. 2Amendments to Federal law to reference unborn children
- Sec. 3Definitions
- Sec. 4Authority to deny or revoke passports
- Sec. 5Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
Traces to 4 documents
12 references not yet in our index
- Pub. L. 98–507, title III, § 301
- 98 Stat. 2346
- Pub. L. 100–607, title IV, § 407
- 102 Stat. 3116
- Pub. L. 110–144, § 2
- 121 Stat. 1813
- Pub. L. 110–144, § 2(1)
- Pub. L. 110–144, § 2(2)
- Pub. L. 100–607
- 129 Stat. 2218
- Pub. L. 110–144, § 4
- 121 Stat. 1814
Citation graph
cites case law
§ 274e
Prohibition of organ purchases
Bills×70
Fed. Reg.×30
Stat.×6
Stat. Comp.×3
U.S.C.×3
Pub. L.Pub. L. 98–507, title III, § 301
Stat.98 Stat. 2346
Pub. L.Pub. L. 100–607, title IV, § 407
Stat.102 Stat. 3116
Pub. L.Pub. L. 110–144, § 2
Cites 16 · showing 9Cited by 112 across 5 sources