Page:United States Statutes at Large Volume 98 Part 3.djvu/688

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3060

PUBLIC LAW 98-575—OCT. 30, 1984 ADMINISTRATIVE AND JUDICIAL REVIEW

49 USC app. 2611

SEC. 12. (a)(1) An applicant for a license and a proposed transferee of a license under this Act shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance w i t h section 554 of title 5, United States Code, of any decision of the Secretary under section 9(b) to issue or transfer a license w i t h conditions or to deny the issuance or transfer of such license. A n owner or operator of a payload shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance w i t h section 554 of title 5, United States Code, of any decision of the Secretary under section 6(b)(2) to p r e v e n t the l a u n c h of such payload. (2) A licensee under t h i s Act shall be entitled to a determination on the record after a n opportunity for a h e a r i n g in accordance with section 554 of title 5, United States Code, of any decision of the

Secretary— (A) under section 10 to suspend, revoke, or modify a license; or (B) under section 11 to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary. (b) Any final action of the Secretary under this Act to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload shall be subject to judicial review as provided in chapter 7 of title 5, United States Code. REGULATIONS

49 USC app. 2612.

SEC. 13. The Secretary may issue such regulations, after notice and c o m m e n t in accordance with section 553 of title 5, United States Code, as may be necessary to c a r r y out t h i s Act. MONITORING OF ACTIVITIES OF LICENSEES

49 USC app. 2613.

S E C 14. (a) Each license issued or transferred under this Act shall require the licensee—

(1) to allow the Secretary to place Federal officers or employees or other individuals as observers at any launch site used by the licensee, at any production facility or assembly site used by a contractor of the licensee in the production or assembly of a launch vehicle, or at any site where a payload is integrated with a launch vehicle, in order to monitor the activities of the licensee or contractor at such time and to such extent as the Secretary considers reasonable and necessary to determine compliance with the license or to carry out the responsibilities of the Secretary under section 6(b) of this Act; and (2) to cooperate with such observers in the performance of monitoring functions. (b) The Secretary may, to the extent provided in advance by appropriation Acts, enter into a contract with any person to carry out subsection (a)(1) of this section. USE OF GOVERNMENT PROPERTY

49 USC app. 2614.

SEC. 15. (a) The Secretary shall take such actions as may be necessary to facilitate and encourage the acquisition (by lease, sale, t r a n s a c t i o n in lieu of sale, or otherwise) by the private sector of