20 U.S.C. § 3508

Department of Health and Human Services

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(a) Redesignation of Department of Health, Education, and Welfare

The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.

(b) Reference to Department, Secretary, etc., of Health, Education, and Welfare deemed reference to Department, Secretary, etc., of Health and Human Services

Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on May 4, 1980, shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this chapter.

(Pub. L. 96–88, title V, § 509, Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(2), Dec. 15, 2003, 117 Stat. 2640.)Editorial NotesCodification

In subsec. (b), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.

Amendments

2003—Subsec. (b). Pub. L. 108–178 amended Pub. L. 107–217, § 6(b). See 2002 Amendment note below.

2002—Subsec. (b). Pub. L. 107–217, § 6(b), which had repealed subsec. (b) of this section, was itself repealed by Pub. L. 108–178 insofar as it related to subsec. (b) of this section, and Pub. L. 108–178 further provided that subsec. (b) of this section was revived to read as if Pub. L. 107–217, § 6(b), had not been enacted.

Statutory Notes and Related SubsidiariesEffective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 35 cases (6 in the last 5 years), 1980–2026 · leading case: Tiger Lily, LLC v. HUD, 992 F.3d 518 (6th Cir. 2021).

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Tiger Lily, LLC v. HUD, 992 F.3d 518 (6th Cir. 2021). “8855 ; 20 U.S.C. § 3508 . The Secretary retained those powers even after the Office of the Surgeon General was reinstated in 1987.”

Action All. of Senior Citizens of Greater Philadelphia v. Margaret Heckler, 789 F.2d 931 (D.C. Cir. 1986). “See 20 U.S.C. § 3508 (1982). 3 . This provision creates an apparently irrebutta-ble presumption that all age distinctions contained in HHS rules qualify for a statutory exemption from challenge under the ADA.”

Good Luck Nursing Home, Inc. D/B/A Magnolia Gardens Nursing Home v. Patricia R. Harris, Sec'y of Health, Educ. & Welfare, 636 F.2d 572 (D.C. Cir. 1980). “This will allow the agency to determine, on the facts as developed in its reconsideration, whether that result is warranted or whether some other allocation of litigation expenses should be made.”

Tiger Lily, LLC v. HUD, 5 F.4th 666 (6th Cir. 2021). “20 U.S.C. § 3508 ; 31 Fed. Reg. 8855 . No.”

Richard Lee Brown v. Sec'y, U.S. Dep't of Health & Human Servs., 4 F.4th 1220 (11th Cir. 2021). “8855 (June 25, 1966); 20 U.S.C. § 3508 (b). The Secretary, in turn, conferred authority on the Director of the CDC.”

Wade Baker & Rita Baker v. United States, 817 F.2d 560 (9th Cir. 1987). “20 U.S.C. § 3508 (a). 2 . At the time of Lederle’s licensing, these regulations were found at 42 C.”

Am. Pub. Transit Ass'n v. Andrew L. Lewis, Jr., Sec'y, United States Dep't of Transp., 655 F.2d 1272 (D.C. Cir. 1981). “See 20 U.S.C. § 3508 (Supp. Ill 1979). . HEW’s approach is premised on the principle that “separate but equal” treatment is innately discriminatory and must be avoided to enforce the civil rights guaranteed the handicapped by section 504.”

Michael T. Albright v. United States of Am., 631 F.2d 915 (D.C. Cir. 1980). “The Department of Health, Education and Welfare has been redesignated as the Department of Health and Human Services, 20 U.S. C.A. § 3508 (Supp.1980). 2 . Federal employees are permitted to organize and file unfair labor practice charges under Exec.”

State of Oklahoma v. Richard S. Schweiker, 655 F.2d 401 (D.C. Cir. 1981). “That Department has been redesignated the Department of Health & Human Services, see 20 U.S.C. § 3508 (Supp. Ill 1979), but will be referred to here by its former title, which was in effect when appellants filed their complaint.”

Marcello v. Regan, 574 F. Supp. 586 (D.R.I. 1983). “20 U.S.C. § 3508 . Therefore, the Secretary of Health, Education, and Welfare, now the Secretary of Health and Human Services, will be referred to herein simply as "HHS.”

Lora E. Loge & Roger S. Loge v. United States of Am. & Unknown Employees of the Dep't of Health, Educ., & Welfare, 662 F.2d 1268 (8th Cir. 1981). “Accordingly, we affirm the district court’s order of dismissal in all respects except for the dismissal of the Loges’ two claims under the FTCA alleging the government’s violation of its own regulations. As to these claims, we reverse and remand for further proceedings…”

Nat'l Fed'n of Retired Persons v. Ins. Comm'r, 838 P.2d 680 (Wash. 1992). “695 (codified at 20 U.S.C. § 3508 (a)). 11 Clerk's Papers, at 11 (Insurance Commissioner's ruling).”

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