---
kind: "section"
citation: "42 U.S.C. § 263a–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "263a–1"
heading: "Assisted reproductive technology programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/263a-1"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part F — Licensing of Biological Products and Clinical Laboratories"
  - "Subpart 2 — clinical laboratories"
---

# §263a–1. Assisted reproductive technology programs

- (a) **In general—** Effective 2 years after October 24, 1992, each [assisted reproductive technology](/usc/42/263a–7.md?p=1) (as defined in [section 263a–7](/usc/42/263a–7.md)[^1] of this title) [program](/usc/42/274l–1.md?p=4) shall annually report to the [Secretary](/usc/42/201.md?p=c) through the Centers for Disease Control—
  - (1) pregnancy success rates achieved by such [program](/usc/42/274l–1.md?p=4) through each [assisted reproductive technology](/usc/42/263a–7.md?p=1), and
  - (2) the identity of each [embryo laboratory](/usc/42/263a–7.md?p=2) (as defined in [section 263a–7](/usc/42/263a–7.md)[^1] of this title) used by such [program](/usc/42/274l–1.md?p=4) and whether the laboratory is certified under [section 263a–2 of this title](/usc/42/263a–2.md) or has applied for such certification.
- (b) **Pregnancy success rates—**
  - (1) **In general—** For purposes of [subsection (a)(1)](#a-1), the [Secretary](/usc/42/201.md?p=c) shall, in consultation with the organizations referenced in [subsection (c)](#c), define pregnancy success rates and shall make public any proposed definition in such manner as to facilitate comment from any person (including any Federal or other [public agency](/usc/42/11851.md?p=8)) during its development.
  - (2) **Definition—** In developing the definition of pregnancy success rates, the [Secretary](/usc/42/201.md?p=c) shall take into account the effect on success rates of age, diagnosis, and other significant factors and shall include in such rates—
    - (A) the basic live birth rate calculated for each [assisted reproductive technology](/usc/42/263a–7.md?p=1) performed by an [assisted reproductive technology](/usc/42/263a–7.md?p=1) [program](/usc/42/274l–1.md?p=4) by dividing the number of pregnancies which result in live births by the number of ovarian stimulation procedures attempted by such [program](/usc/42/274l–1.md?p=4), and
    - (B) the live birth rate per successful oocyte retrieval procedure calculated for each [assisted reproductive technology](/usc/42/263a–7.md?p=1) performed by an [assisted reproductive technology](/usc/42/263a–7.md?p=1) [program](/usc/42/274l–1.md?p=4) by dividing the number of pregnancies which result in live births by the number of successful oocyte retrieval procedures performed by such [program](/usc/42/274l–1.md?p=4).
- (c) **Consultation—** In developing the definition under [subsection (b)](#b), the [Secretary](/usc/42/201.md?p=c) shall consult with appropriate consumer and professional organizations with expertise in using, providing, and evaluating professional [services](/usc/42/201.md?p=a) and [embryo laboratories](/usc/42/263a–7.md?p=2) associated with [assisted reproductive technologies](/usc/42/263a–7.md?p=1).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 102–493, § 2, Oct. 24, 1992, 106 Stat. 3146.)

## Notes

### Editorial Notes

### References in Text

Section 263a–7 of this title, referred to in subsec. (a), was in the original “section 7” meaning section 7 of Pub. L. 102–493, which was translated as reading section 8 to reflect the probable intent of Congress, because definitions are contained in section 8 instead of section 7.

### Codification

Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Change of Name

Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.

### Effective Date

Pub. L. 102–493, § 9, Oct. 24, 1992, 106 Stat. 3152, provided that: “This Act [enacting this section, sections 263a–2 to 263a–7 of this title, and provisions set out as a note under section 201 of this title] shall take effect upon the expiration of 2 years after the date of the enactment of this Act [Oct. 24, 1992].”