Areas of prohibited research, defined by the Consolidated Appropriations Act of 2005 (Division F—Departments of Labor, HHS, and Education and Related Agencies Appropriations Act for the Fiscal Year ending September 30, 2005; Public Law 108-447, Signed December 8, 2004)

NIH intramural scientists are subject to provisions of the law specified below that prohibit Federal funds to be used for abortions, human embryo research, or any activity that promotes the legalization of controlled substances (exceptions may apply as listed below).

• Abortion–Continuation of prohibition from using appropriated funds from trust funds for abortion.

  SEC. 507.

(a) None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.

(b) None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for health benefits coverage that includes coverage of abortion.

(c) The term `health benefits coverage' means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.

• Human Embryo Prohibition–Continuation of identical bill language from FY1998 that prohibits NIH from using appropriated funds to support human embryo research. (Sec. 509)

  SEC. 509.

(a) None of the funds made available in this Act may be used for---- (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term ``human embryo or embryos'' includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

• Controlled Substances--Continuation of prohibition on use of funds for any activity that promotes the legalization of controlled substances, except this does not apply where there is medical evidence of therapeutic value or Federally-sponsored clinical trials are being conducted to determine such advantage. (Sec. 510)

  SEC. 510.

(a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812).

(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.