Page:United States Statutes at Large Volume 108 Part 2.djvu/625

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1341 the Secretary under section 70106(b) of this title may disclose information under this chapter that qualifies for an exemption under section 552(b)(4) of title 5 or is designated as confidential by the person or head of the executive agency providing the information only if the Secretary decides withholding the information is contrary to the public or national interest. § 70115. Enforcement and penalty (a) PROHIBITIONS. —A person may not violate this chapter, a regulation prescribed under this chapter, or any term of a license issued or transferred under this chapter. (b) GENERAL AUTHORITY. —(1) In carrying out this chapter, the Secretary of Transportation may— (A) conduct investigations and inquiries; (B) administer oaths; (C) take affidavits; and (D) under lawful process— (i) enter at a reasonable time a launch site, production facility, assembly site of a launch vehicle, or site at which a payload is integrated with a launch vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and (ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter. (2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency. (c) CIVIL PENALTY. —(1) After notice and an opportunity for a hearing on the record, a person the Secretary finds to have violated subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $100,000. A separate violation occurs for each day the violation continues. (2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may— (A) subpena witnesses and records; and (B) enforce a subpena in an appropriate district court of the United States. (3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section. (4) The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary. §70116. Consultation (a) MATTERS AFFECTING NATIONAL SECURITY.—The Secretary of Transportation shall consult with the Secretary of Defense on a matter under this chapter affecting national security. The Secretary of Defense shall identify and notify the Secretary of Transpor- ' tation of a national security interest relevant to an activity under j this chapter. (b) MATTERS AFFECTING FOREIGN POLICY. —The Secretary of Transportation shall consult with the Secretary of State on a matter under this chapter affecting foreign policy. The Secretary of State

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