Page:United States Statutes at Large Volume 124.djvu/3442

 124 STAT. 3416 PUBLIC LAW 111–314—DEC. 18, 2010 (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 consti- tuting 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 con- cerning 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. § 60124. Regulatory authority of Secretary The Secretary may issue regulations to carry out this subchapter. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5. § 60125. Agency activities (a) LICENSE APPLICATION AND ISSUANCE.—A private sector party may apply for a license to operate a private remote sensing space system which utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to this subchapter, may license such system if it meets all conditions of this subchapter and— (1) the system operator agrees to reimburse the Government in a timely manner for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as deter- mined by the agency responsible for such civilian platform. (b) ASSISTANCE.—The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utiliza- tion. (c) AGREEMENTS.—To the extent provided in advance by appro- priation Acts, any United States Government agency may enter into agreements for such utilization if such agreements are con- sistent with such agency’s mission and statutory authority, and if such remote sensing space system is licensed by the Secretary before commencing operation.