50 U.S.C. § 4821

Administrative procedure

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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 generalThe 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.

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.

(Pub. L. 115–232, div. A, title XVII, § 1762, Aug. 13, 2018, 132 Stat. 2231.)Editorial NotesReferences 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.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2021–2022 · leading case: Federal Express Corporation v. U.S. Department of Commerce

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Federal Express Corporation v. U.S. Department of Commerce (2022) cadc · cites it 3× “50 U.S.C. § 4821 (a). For that reason, FedEx seeks nonstatutory review of Commerce’s strict-liability standard on the ground that the agency has acted patently in excess of its statutory authority.”

Changji Esquel Textile Co. Ltd. v. Gina Raimondo (2022) cadc · cites it 2× “50 U.S.C. § 4821 (a). B Acting under ECRA and its predecessor statutes, the Department of Commerce has maintained a so-called Entity List to restrict designated foreign parties from receiving United States exports.”

State of Washington v. U.S. Dept. of State (2021) ca9 · cites it 3× “” 50 U.S.C. § 4821 (a). As applied here, this provision is clear and 7 The dissent also provides “additional reasons” for why Congress may have wanted to treat judicial review of removals and designations differently.”

Changji Esquel Textile Co. Ltd. v. Raimondo (2021) dcd “See 50 U.S.C. § 4821 (a) (“Except as [otherwise] provided .”

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