---
kind: "section"
citation: "42 U.S.C. § 263a–5"
title: "42"
title_heading: "The Public Health and Welfare"
number: "263a–5"
heading: "Publication"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/263a-5"
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–5. Publication


The [Secretary](/usc/42/201.md?p=c), through the Centers for Disease Control, shall not later than 3 years after October 24, 1992, and annually thereafter publish and distribute to the [States](/usc/42/201.md?p=f) and the public—

- (1)
  - (A) [^1] pregnancy success rates reported to the [Secretary](/usc/42/201.md?p=c) under [section 263a–1(a)(1) of this title](/usc/42/263a–1.md?p=a-1) and, in the case of an [assisted reproductive technology](/usc/42/263a–7.md?p=1) [program](/usc/42/274l–1.md?p=4) which failed to report one or more success rates as required under such section, the name of each such [program](/usc/42/274l–1.md?p=4) and each pregnancy success rate which the [program](/usc/42/274l–1.md?p=4) failed to report, and
  - (B) from information reported under [section 263a–1(a)(2) of this title](/usc/42/263a–1.md?p=a-2)—
    - (i) the identity of each [embryo laboratory](/usc/42/263a–7.md?p=2) in a [State](/usc/42/201.md?p=f) which has adopted the certification [program](/usc/42/274l–1.md?p=4) under such [program](/usc/42/274l–1.md?p=4) and whether such laboratory is certified under [section 263a–2 of this title](/usc/42/263a–2.md),
    - (ii) the identity of each [embryo laboratory](/usc/42/263a–7.md?p=2) in a [State](/usc/42/201.md?p=f) which has not adopted such certification [program](/usc/42/274l–1.md?p=4) and which has been certified by an accreditation organization approved by the [Secretary](/usc/42/201.md?p=c) under [section 263a–3 of this title](/usc/42/263a–3.md), and
    - (iii) in the case of an [embryo laboratory](/usc/42/263a–7.md?p=2) which is not certified under [section 263a–2 of this title](/usc/42/263a–2.md) or certified by an accreditation organization approved by the [Secretary](/usc/42/201.md?p=c) under [section 263a–3 of this title](/usc/42/263a–3.md), whether the laboratory applied for certification.

## Footnotes

[^1]: So in original. No par. (2) has been enacted.

## Source credit

(Pub. L. 102–493, § 6, Oct. 24, 1992, 106 Stat. 3151.)

## Notes

### Editorial Notes

### 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

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.