§60123 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

The Secretary can issue, change, or transfer licenses and can ask a U.S. district court to stop, change, or suspend a license and even halt operations right away if a licensee seriously breaks the rules, international obligations, or national security concerns. The Secretary can fine violations up to $10,000 for each day a violation continues, reduce or cancel those fines, issue subpoenas for documents or witnesses, seize items or records with a magistrate’s warrant showing probable cause (a judge’s permission and good reason), and investigate matters and take sworn statements. If an applicant or license holder timely asks to review a negative action—like a licensing decision, a fine, a subpoena, or a seizure—they must get a formal decision from the Secretary after a hearing. Any final decision by the Secretary can be reviewed in court under chapter 7 of title 5.

Title 51, §60123

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)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 district court of the United States 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)Any applicant or licensee that makes a timely request for review of an adverse action pursuant to paragraph (1), (3), (5), or (6) of subsection (a) 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.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6012315 U.S.C. 5623.Pub. L. 102–555, title II, § 203, Oct. 28, 1992, 106 Stat. 4172. In subsection (a), at the end of paragraph (2), a semicolon is substituted for the period to correct an error in the law.

§60123 Administrative Authority of Secretary

Summary

Title 51, §60123

Notes & Related Subsidiaries

Historical and Revision Notes

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