§4821 — Title 50 War and National Defense | U.S. Code

Summary

Most actions under this subchapter do not have to follow the procedures in sections 551, 553–559, and 701–706 of title 5, except where sections 4819(c)(2) or 4843(c) say otherwise. The Secretary may hire administrative law judges under section 3105 of title 5 and may use properly appointed judges sent from other federal agencies by agreement. Those judges may only hear cases for the Department of Commerce. The President must notify the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Foreign Affairs in advance of any proposed changes to the Export Administration Regulations and explain the intent and reasons.

Title 50, §4821

War and National Defense — Source: USLM XML via OLRC

(a)Except as provided in section 4819(c)(2) or 4843(c) of this title, the functions exercised under this subchapter shall not be subject to section 551, 553 through 559, and 701 through 706 of title 5.

(b)(1)The Secretary may—

(A)appoint administrative law judges, consistent with the provisions of section 3105 of title 5; and

(B)designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.

(2)An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.

(c)The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a

Short Title

note under section 4801 of this title and Tables.

§4821 Administrative procedure