Page:United States Statutes at Large Volume 107 Part 1.djvu/157

 PUBLIC LAW 103-43—JUNE 10, 1993 107 STAT. 131 "(f) REPORT. —The Secretary shall annually submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the activities carried out under this section during the preceding fiscal year, including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section. "(g) DEFINITION,—For purposes of this section, the term Tiuman fetal tissue' means tissue or cells obtained from a dead humsm. embiyo or fetus after a spontaneous or induced abortion, or after a stillbirth.". SEC. 112. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION. Part G of title IV of the Public Health Service Act, as amended by section 111 of this Act, is amended by inserting after section 498A the following section: "P ROHIBITIONS REGARDING HUMAN FETAL TISSUE "SEC. 498B. (a) PURCHASE OF TISSUE. — It shall be unlawfiil 42 USC 289g-2. for any person to knowingly acquire, receive, or otherwise transfer aiw 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 smother 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 transplginted 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) CRIMINAL PENALTIES FOR VIOLATIONS.— "(1) IN GENERAL.— Any person who violates subsection (a) or (b) shall be fined in accordance with title 18, United States Code, subject to paragraph (2), or imprisoned for not more than 10 years, or both. " (2) PENALTIES APPLICABLE TO PERSONS RECEIVING CONSID- ERATION.—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, "(d) DEFINITIONS.— For purposes of this section: "(1) The term human fetal tissue' has the meaning given such term in section 498A(f). "(2) The term 'interstate commerce' has the meaning given such term in section 201(b) of the Federal Food, Drug, and Cosmetic Act. "(3) The term Valuable consideration' does not include reasonable pa5anents associated with the transportation.

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