National Organ Transplant Act
Public Law 98–507, as amended
National Organ Transplant Act
507
110–144
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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National Organ Transplant Act
16969
98
1984-10-19
National Organ Transplant Act
[(Public Law 98–507)]
[As Amended Through P.L. 110–144, Enacted December 21, 2007]
[Currency: This publication is a compilation of the text of titles III and IV of Public Law 98–507. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * * *
TITLE III—

PROHIBITION OF ORGAN PURCHASES1
^1
For other provisions related to organ transplants, see part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.).
Sec. 301.
[42 U.S.C. 274e]
(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. the preceding sentence does not apply with respect to human organ paired donation.
(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 (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 20103) of the Federal Food, Drug and Cosmetic Act.
(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.
TITLE IV—

MISCELLANEOUS

bone marrow registry demonstration and study
Sec. 401.
[42 U.S.C. 273 note]
(a)
Not later than nine months after the date of enactment of this Act, the Secretary of Health and Human Services shall hold a conference on the feasibility of establishing and the effectiveness of a national registry of voluntary bone marrow donors.
(b)
If the conference held under subsection (a) finds that it is feasible to establish a national registry of voluntary donors of bone marrow and that such a registry is likely to be effective in matching donors with recipients, the secretary of health and human services, acting through the assistant secretary for health, shall, for purposes of the study under subsection (c), establish a registry of voluntary donors of bone marrow. the secretary shall assure that—
(1)
donors of bone marrow listed in the registry have given an informed consent to the donation of the bone marrow; and
(2)
the names of the donors in the registry are kept confidential and access to the names and any other information in the registry is restricted to personnel who need the information to maintain and implement the registry, except that access to such other information shall be provided for purposes of the study under subsection (c).
If the conference held under subsection (a) makes the finding described in this subsection, the Secretary shall establish the registry not later than six months after the completion of the conference.
(c)
The Secretary of Health and Human Services, acting through the Assistant Secretary for Health, shall study the establishment and implementation of the registry under subsection 03) to identify the issues presented by the establishment of such a registry, to evaluate participation of bone marrow donors, to assess the implementation of the informed consent and confidentiality requirements, and to determine if the establishment of a permanent bone marrow registry is needed and appropriate. The Secretary shall report the results of the study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate not later than two years after the date the registry is established under subsection (b).