50 U.S.C. § 4822 — Review of interagency dispute resolution

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 subchapter, referred to in subsecs. (a), (b)(1), (2), (d), (e), and (h), was in the original ‘‘this part’’, mean- ing 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 sub- chapter. 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 Ta- bles. The Export Administration Act of 1979, referred to in subsec. (h)(2)(B)(i), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of this title and was substantially re- pealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For complete classification of this Act to the Code, see Tables. The International Emergency Economic Powers Act, referred to in subsec. (h)(2)(B)(i), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. This subchapter, referred to in subsec. (k), was in the original ‘‘this Act’’, and was translated as 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, as the probable intent of Congress. For complete classi- fication 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. CODIFICATION Section is comprised of section 1761 of Pub. L. 115–232. Subsec. (f) of section 1761 of Pub. L. 115–232 amended section 2516 of Title 18, Crimes and Criminal Procedure. § 4821. Administrative procedure (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; and (B) designate properly appointed adminis- trative law judges from other Federal agen- cies 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 Af- fairs of the Senate and the Committee on For- eign Affairs of the House of Representatives of any proposed amendments to the Export Admin- istration Regulations with an explanation of the intent and rationale of such amendments. (Pub. L. 115–232, div. A, title XVII, § 1762, Aug. 13, 2018, 132 Stat. 2231.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this part’’, meaning part I (§§ 1751–1768) of sub- title 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 classifica- tion 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. § 4822. Review of interagency dispute resolution process (a) In general The President shall review and evaluate the interagency export license referral, review, and Page 1217 TITLE 50—WAR AND NATIONAL DEFENSE § 4824 1 See References in Text note below. escalation processes for dual-use items and mu- nitions 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 sub- section (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 Admin- istration of Export Controls) is meeting to con- duct an interagency dispute resolution relating to applications for export licenses under the Ex- port Administration Regulations, matters relat- ing to jet engine hot section technology, com- mercial communication satellites, and emerging or foundational technology may be decided by majority vote. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional 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. (Pub. L. 115–232, div. A, title XVII, § 1763, Aug. 13, 2018, 132 Stat. 2231; Pub. L. 116–283, div. A, title X, § 1081(d)(9), Jan. 1, 2021, 134 Stat. 3874.) Editorial Notes REFERENCES IN TEXT Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title. AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283 substituted ‘‘Decem- ber 5, 1995’’ for ‘‘December 5, 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(9) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232. Executive Documents DELEGATION OF AUTHORITIES AND RESPONSIBILITIES UNDER SECTION 1763 OF THE NATIONAL DEFENSE AU- THORIZATION ACT FOR FISCAL YEAR 2019 Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 197, provided: Memorandum for the Secretary of Commerce By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce, in coordination with executive departments and agen- cies through the National Security Presidential Memorandum–4 [50 U.S.C. 3021 note] process, the func- tions and authorities vested in the President by section 1763 of the National Defense Authorization Act for Fis- cal Year 2019 (Public Law 115–232) [50 U.S.C. 4822]. The delegation of authorities and responsibilities in this memorandum shall apply to any provision of any future public law that are the same or substantially the same as the provision referenced in this memo- randum. The Secretary of Commerce is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 4823. Consultation with other agencies on com- modity classification Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Sec- retary of Energy, as appropriate, regarding com- modity classifications for any item the Sec- retary and the Secretary of Defense, the Sec- retary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency con- sultation. (Pub. L. 115–232, div. A, title XVII, § 1764, Aug. 13, 2018, 132 Stat. 2232.) § 4824. Annual report to Congress (a) In general The Secretary shall submit to Congress, by December 31 of each year, a report on the imple- mentation of this subchapter during the pre- ceding fiscal year. The report shall include a re- view of— (1) the effect of controls imposed under this subchapter on exports, reexports, and in-coun- try transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of li- censing processing times; (2) the impact of such controls on the sci- entific and technological leadership of the United States; (3) the consistency with such controls of ex- port controls imposed by other countries; (4) efforts to provide exporters with compli- ance assistance, including specific actions to assist small- and medium-sized businesses; (5) a summary of regulatory changes from the prior fiscal year; (6) a summary of export enforcement ac- tions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administra- tion Regulations; (7) a summary of approved license applica- tions to proscribed persons; (8) efforts undertaken within the previous year to comply with the requirements of sec- tion 4817 1 of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and (9) a summary of industrial base assessments conducted during the previous year by the De- partment of Commerce, including with respect