Page:United States Statutes at Large Volume 123.djvu/823

 123STA T .80 3 PUBLIC LA W 111 – 8 —M A R .11, 200 9SEC.508 . (a)Thelim i t ati ons esta b lishe d in the pr e c edin g sec - tion shall not appl y to an abortion — ( 1 )i f the pregnancy is the res u ltofanactofrapeor incest or ( 2 ) in the case w here a woman suffers from a physical disorder , physical in j ury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) N othing in the preceding section shall be construed as prohibiting the e x penditure by a State, locality, entity, or pri v ate person of State, local, or private funds (other than a State ’ sor locality’s contribution of M edicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching funds). (d)(1) None of the funds made available in this A ct may be made available to a F ederal agency or program, or to a State or local government, if such agency, program, or government sub- jects any institutional or individual health care entity to discrimina- tion on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) I n this subsection, the term ‘ ‘health care entity’’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organi z ation, a health maintenance organiza- tion, a health insurance plan, or any other k ind of health care facility, organization, or plan. SEC. 50 9 . (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 4 5 C F R 4 6 .204(b) and section 498(b) of the P ublic H ealth 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. 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 under section 202 of the Con- trolled Substances Act except for normal and recognized executive- congressional communications. (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 advan- tage. Drugsand drug a b us e. De fi ni t i o n. H u m an embr y os. A bortion.