---
kind: "section"
citation: "42 U.S.C. § 274e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "274e"
heading: "Prohibition of organ purchases"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/274e"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part H — Organ Transplants"
---

# §274e. Prohibition of organ purchases

- (a) **Prohibition—** It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human [organ](/usc/42/274i–4.md?p=1) 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](/usc/42/274i–4.md?p=1) paired donation.
- (b) **Penalties—** Any person who violates [subsection (a)](#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)](#a):
  - (1) The term “human [organ](/usc/42/274i–4.md?p=1)” means the human (including fetal) kidney, liver, heart, lung, pancreas, [bone marrow](/usc/42/274l–1.md?p=2), cornea, eye, bone, and skin or any subpart thereof and any other human [organ](/usc/42/274i–4.md?p=1) (or any subpart thereof, including that derived from a fetus) specified by the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a) 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](/usc/42/274i–4.md?p=1) or the expenses of travel, housing, and lost wages incurred by the donor of a human [organ](/usc/42/274i–4.md?p=1) in connection with the donation of the [organ](/usc/42/274i–4.md?p=1).
  - (3) The term “interstate commerce” has the meaning prescribed for it by [section 321(b) of title 21](/usc/21/321.md?p=b).
  - (4) The term “human [organ](/usc/42/274i–4.md?p=1) paired donation” means the donation and receipt of human [organs](/usc/42/274i–4.md?p=1) 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](/usc/42/274i–4.md?p=1) 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](/usc/42/274i–4.md?p=1) 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)](#c-4-D), the first donor is biologically compatible as a donor of a human [organ](/usc/42/274i–4.md?p=1) for the second patient, and the second donor is biologically compatible as a donor of a human [organ](/usc/42/274i–4.md?p=1) for the first patient.
    - (D) If there is any additional donor-patient pair as described in subparagraph [(A)](#c-4-A) or [(B)](#c-4-B), each donor in the group of donor-patient pairs is biologically compatible as a donor of a human [organ](/usc/42/274i–4.md?p=1) 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](/usc/42/274i–4.md?p=1), respectively, according to such biological compatibility in the group.
    - (F) Other than as described in [subparagraph (E)](#c-4-E), no valuable consideration is knowingly acquired, received, or otherwise transferred with respect to the human [organs](/usc/42/274i–4.md?p=1) referred to in such subparagraph.

## Source credit

(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.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the National Organ Transplant Act, and not as part of the Public Health Service Act which comprises this chapter.

### Amendments

2007—Subsec. (a). Pub. L. 110–144, § 2(1), inserted at end “The preceding sentence does not apply with respect to human organ paired donation.”

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

1988—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.”

### Statutory Notes and Related Subsidiaries

### Determination on the Definition of Human Organ

Pub. L. 114–104, § 4, Dec. 18, 2015, 129 Stat. 2218, provided that: “Not later than one year after the date of enactment of this Act [Dec. 18, 2015], the Secretary of Health and Human Services shall issue determinations with respect to the inclusion of peripheral blood stem cells and umbilical cord blood in the definition of human organ.”

### No Impact on Social Security Trust Fund

Pub. L. 110–144, § 4, Dec. 21, 2007, 121 Stat. 1814, provided that: “Nothing in this Act [see Short Title of 2007 Amendment note set out under section 201 of this title] (or an amendment made by this Act) shall be construed to alter or amend the Social Security Act (42 U.S.C. 301 et seq.) (or any regulation promulgated under that Act).”