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50 U.S.C. § 4822 — Administrative procedure
Federal law — U.S. Code and appendices · legal_authorities
**(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 sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); 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.
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Source file: Laws/federal/codes/united-states-code/title-50/section-4822-administrative-procedure--49c531d896.md
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Source location: Title 50, Chapter 58, § 4822; chapter-058-export-control-reform.md
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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 sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of [section 4851(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4851/a&num=0&edition=prelim).
**(b) Continuation in office of one Assistant Secretary** An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 11 See References in Text note below. (as continued in effect pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives.
**(b) Report** Not later than 180 days after August 13, 2018, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
**(c) Operating Committee for Export Policy** In any case in which the Operating Committee for Export Policy established by Executive Order 12981 (December 5, 1995; relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
**(d) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4823
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Federal law — U.S. Code and appendices · legal_authorities
Page 1216
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4821
1 See References in Text note below.
(ii) consult on a regular basis with one
another and with the head of other depart-
ments, agencies, and offices that obtain in-
formation subject to this paragraph, in
order to facilitate the exchange of such in-
formation.
(D) Information sharing with Federal agen-
cies
Licensing or enforcement information ob-
tained under this subchapter may be shared
with departments, agencies, and offices that
do not have enforcement authorities under
this subchapter on a case-by-case basis.
(i) Reporting requirements
In the administration of this section, report-
ing requirements shall be designed to reduce the
cost of reporting, recordkeeping, and docu-
mentation to the extent consistent with effec-
tive enforcement and compilation of useful
trade statistics. Reporting, recordkeeping, and
documentation requirements shall be periodi-
cally reviewed and revised in the light of devel-
opments in the field of information technology.
(j) Civil forfeiture
(1) In general
Any property, real or personal, tangible or
intangible, seized under subsection (a) by des-
ignated officers or employees shall be subject
to forfeiture to the United States in accord-
ance with applicable law.
(2) Procedures
Any seizure or forfeiture under this sub-
section shall be carried out in accordance with
the procedures set forth in section 981 of title
18.
(k) Rule of construction
Nothing in this subchapter1 shall be construed
to limit or otherwise affect the enforcement au-
thorities of the Department of Homeland Secu-
rity which may also complement those set forth
herein.
(Pub. L. 115–232, div. A, title XVII, § 1761, Aug. 13,
2018, 132 Stat. 2226.)
Editorial Notes
REFERENCES IN TEXT
This subc
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4822
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