42 U.S.C. § 3504

General Counsel; appointment

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(a) The President shall appoint on and after July 31, 1956, by and with the advice and consent of the Senate, a General Counsel of the Department of Health and Human Services.(b) The existing office of General Counsel of the Department of Health and Human Services shall be abolished effective upon the appointment and qualification of the General Counsel provided for by subsection (a) or April 1, 1957, whichever is earlier.(July 31, 1956, ch. 804, title III, § 301, 70 Stat. 742; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesCodification

Section is based on that part of section 301 of act July 31, 1956, relating to the General Counsel of the Department of Health, Education, and Welfare [now Health and Human Services]. That part of such section 301 relating to the General Counsel of the Department of Agriculture, is classified to section 2214 of Title 7, Agriculture. That part of such section 301 relating to the General Counsel of the Post Office Department was enacted as section 307 of Title 39 by Pub. L. 86–682, Sept. 2, 1960, 74 Stat. 580. Such provisions were eliminated from Title 39 by the Postal Reorganization Act, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 719.

Section was formerly classified to section 623c of former Title 5, Executive Departments and Government Officers and Employees, prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378.

Statutory Notes and Related SubsidiariesChange of Name

“Department of Health and Human Services” substituted in text for “Department of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: Matter of Oceanview Home for Adults, Inc. v. Zucker, 2025 NY Slip Op 00805 (NY 2025).
Matter of Oceanview Home for Adults, Inc. v. Zucker, 2025 NY Slip Op 00805 (NY 2025). · cites it 2× “We do not need to resolve these thorny questions, though, because we hold that plaintiffs have not demonstrated that the regulations "deny" or "make unavailable" housing on the basis of a person's disability ( see 42 USC § 3504 [f] [1]). The challenged regulations concern the…”
Roy a. Danforth, Diane Marie Danforth & Ryan Danforth v. Jamaica Bay East Mgmt. Co., Inc. d/b/a Paradise Vill. (Fla. 4th DCA 2020). “The Danforths filed an answer, affirmative defense and counterclaim under the Fair Housing Act, 42 U.S.C. § 3504 , asserting Count I for intentional disability discrimination and Count II for refusal to make reasonable accommodations for a disability.”
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