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51 U.S.C. § 60123 — Administrative authority of Secretary

Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60123 — 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 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) Review of Agency Action.—** Any applicant or licensee that makes a time

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Source file: Laws/federal/codes/united-states-code/title-51/section-60123-administrative-authority-of-secretary--91420b7d15.md
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Source location: Title 51, Chapter 601, § 60123; chapter-601-land-remote-sensing-policy.md

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**(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 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) Review of Agency Action.—** 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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5641 — Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444

### Statutory Notes Section 5621, Pub. L. 102–555, title II, § 201, Oct. 28, 1992, 106 Stat. 4171; Pub. L. 105–303, title I, § 107(f)(1), Oct. 28, 1998, 112 Stat. 2854, related to general licensing authority. See [section 60121 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60121&num=0&edition=prelim), National and Commercial Space Programs. Section 5622, Pub. L. 102–555, title II, § 202, Oct. 28, 1992, 106 Stat. 4172; Pub. L. 105–303, title I, § 107(f)(2), Oct. 28, 1998, 112 Stat. 2854, related to conditions for operation. See [section 60122 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60122&num=0&edition=prelim). Section 5623, Pub. L. 102–555, title II, § 203, Oct. 28, 1992, 106 Stat. 4172, related to administrative authority of Secretary. See [section 60123 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60123&num=0&edition=prelim). Section 5624, Pub. L. 102–555, title II, § 204, Oct. 28, 1992, 106 Stat. 4173, related to regulatory authority of Secretary. See [section 60124 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60124&num=0&edition=prelim). Section 5625, Pub. L. 102–555, title II, § 205, Oct. 28, 1992, 106 Stat. 4173, related to agency activities. See [section 60125 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60125&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 60123 — Administrative authority of Secretary

Page 152 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60123 quirements of subsection (b), any license issued pursuant to this subchapter to the Landsat 6 contractor shall specify that the Landsat 6 con- tractor shall— (1) notify the Secretary of any value added activities (as defined by the Secretary by reg- ulation) that will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and (2) if such activities are to be conducted, provide the Secretary with a plan for compli- ance with section 60141 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60122 .......... 15 U.S.C. 5622. Pub. L. 102–555, title II, § 202, Oct. 28, 1992, 106 Stat. 4172; Pub. L. 105–303, title I, § 107(f)(2), Oct. 28, 1998, 112 Stat. 2854. In subsection (c), in the matter before paragraph (1), the words ‘‘subsection (b)’’ are substituted for ‘‘para- graph (b)’’ to correct an error in the law. § 60123. Administrative authority of Secretary (a) FUNCTIONS.—In order to carry out the re- sponsibilities specified in this subchapter, the Secretary may— (1) grant, condition, or transfer licenses under this chapter; (2) seek an order of injunction or similar ju- dicial determination from a district court of the United States with personal jurisdiction over the licensee to terminate, modify, or sus- pend licenses under this subchapter and to ter- minate licensed operations on an immediate basis, if the Secretary determines that the li- censee 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

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