§ 274e. Prohibition of organ purchases

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Pub. L. 98–507 title III § 301 · 98 Stat. 2339

   Enacted · 42 U.S.C. § 274e

   Pub. L. 98–507, title III, § 301, Oct. 19, 1984, 98 Stat. 2346

   Source evidence

   Code source credit
   Pub. L. 98–507, title III, § 301, Oct. 19, 1984, 98 Stat. 2346

   Enacted provision · exact public law section
   Sec. 301. (a) 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. (b) Any person who violates subsection (a) shall be fined not more than $50,000 or imprisoned not more than five years, or both. (c) For purposes of subsection (a): (1) The term “human organ” means the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin, and any other human organ 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 201(b) of the Federal Food, Drug and Cosmetic Act. 21 USC 321.

2. 1988

   Organ Trans-plant Amendments Act of 1988

   Pub. L. 100–607 title IV § 407 · 102 Stat. 3048

   Amended · 42 U.S.C. § 274e(c)(1)

   Pub. L. 100–607 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘human organ’ means the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin, and any other human organ specified by the Secretary of Health and Human Services by regulation.”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 100–607 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘human organ’ means the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin, and any other human organ specified by the Secretary of Health and Human Services by regulation.”

   Enacted provision · exact public law section
   SEC. 407. FETAL ORGAN TRANSPLANTS. Section 301(c)(1) of the National Organ Transplant Act (42 U.S.C. 274e(c)(1) is amended to read as follows: “(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.”.

3. 2007

   Charlie W. Norwood Living Organ Donation Act

   Pub. L. 110–144 § 2(1) · 121 Stat. 1813

   Inserted · 42 U.S.C. § 274e(a)

   Pub. L. 110–144, § 2(1), inserted at end “The preceding sentence does not apply with respect to human organ paired donation.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–144, § 2(1), inserted at end “The preceding sentence does not apply with respect to human organ paired donation.”

   Enacted provision · exact public law section
   (1) in subsection (a), by adding at the end the following: “The preceding sentence does not apply with respect to human organ paired donation.”; and

4. 2007

   Charlie W. Norwood Living Organ Donation Act

   Pub. L. 110–144 § 2(2) · 121 Stat. 1813

   Added · 42 U.S.C. § 274e(c)(4)

   Pub. L. 110–144, § 2(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 110–144, § 2(2), added par. (4).

   Enacted provision · exact public law section
   (2) in subsection (c), by adding at the end the following: “(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.” .

4 of 4 references resolved to an enrolled provision