50 U.S.C. § 4821: Administrative procedure

Summary

Rules and actions under this part are not covered by certain parts of the federal rulemaking and court-review laws in title 5 (sections 551, 553–559, and 701–706), except as allowed by section 4819(c)(2) or 4843(c). The Secretary may hire administrative law judges under section 3105 of title 5 and may accept judges from other federal agencies under interagency agreements, but those judges may only handle Department of Commerce cases. The President must tell the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Foreign Affairs before proposing changes to the Export Administration Regulations and must explain the reasons.

Title 50, §4821

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(a)In general

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)Administrative law judges

(1)In general

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)Limitation

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

(c)Amendments to regulations

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