42 U.S.C. § 274e : US Code - Section 274E: Prohibition of organ purchases

Search 42 U.S.C. § 274e : US Code - Section 274E: Prohibition of organ purchases

    (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) of this section shall be
    fined not more than $50,000 or imprisoned not more than five years,
    or both.
    (c) Definitions
      For purposes of subsection (a) of this section:
        (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.