§ 5623. — Administrative authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5623]
TITLE 15--COMMERCE AND TRADE
CHAPTER 82--LAND REMOTE SENSING POLICY
SUBCHAPTER II--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
Sec. 5623. Administrative authority of Secretary
(a) Functions
In order to carry out the responsibilities specified in this
subchapter, the Secretary may--
(1) grant, condition, or transfer licenses under this chapter;
(2) seek an order of injunction or similar judicial
determination from a United States District Court with personal
jurisdiction over the licensee to terminate, modify, or suspend
licenses under this subchapter and to terminate licensed operations
on an immediate basis, if the Secretary determines that the licensee
has substantially failed to comply with any provisions of this
chapter, with any terms, conditions, or restrictions of such
license, or with any international obligations or national security
concerns of the United States.
(3) provide penalties for noncompliance with the requirements of
licenses or regulations issued under this subchapter, including
civil penalties not to exceed $10,000 (each day of operation in
violation of such licenses or regulations constituting a separate
violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or
for the attendance and testimony of witnesses for the purpose of
conducting a hearing under this section;
(6) seize any object, record, or report pursuant to a warrant
from a magistrate based on a showing of probable cause to believe
that such object, record, or report was used, is being used, or is
likely to be used in violation of this chapter or the requirements
of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take
from any person an oath, affirmation, or affidavit concerning any
matter relating to the enforcement of this chapter.
(b) Review of agency action
Any applicant or licensee who makes a timely request for review of
an adverse action pursuant to subsection (a)(1), (a)(3), (a)(5), or
(a)(6) of this section shall be entitled to adjudication by the
Secretary on the record after an opportunity for any agency hearing with
respect to such adverse action. Any final action by the Secretary under
this subsection shall be subject to judicial review under chapter 7 of
title 5.
(Pub. L. 102-555, title II, Sec. 203, Oct. 28, 1992, 106 Stat. 4172.)
Change of Name
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
