Page:United States Statutes at Large Volume 98 Part 1.djvu/509

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-365—JULY 17, 1984

98 STAT. 461

(a)(6) shall be entitled to adjudication by the Secretary on the record after an opportunity for an 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, United States Code. 5 USC 701 et seq. REGULATORY AUTHORITY OF THE SECRETARY

SEC. 404. The Secretary may issue regulations to carry out the 15 USC 4244. provisions of this title. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5, United States Code. AGENCY ACTIVITIES

SEC. 405. (a) A private sector party may apply for a license to 15 USC 4245. 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 the authorities of this title, may license such system if it meets all conditions of this title and— (1) the system operator agrees to reimburse the Government immediately 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 determined by the agency responsible for such civilian platform. (b) The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utilization. (c) To the extent provided in advance by appropriation Acts, any Federal agency may enter into agreements for such utilization if such agreements are consistent with such agency's mission and statutory authority, and if such remote-sensing space system is licensed by the Secretary before commencing operation. (d) The provisions of this section do not apply to activities carried out under title V. (e) Nothing in this title shall affect the authority of the Federal Communications Commission pursuant to the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.). 47 USC 609.

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TERMINATION

SEC. 406. If, five years after the expiration of the six-year period 15 USC 4246. described in section 304(a)(2), no private sector party has been licensed and continued in operation under the provisions of this title, the authority of this title shall terminate. TITLE V—RESEARCH AND DEVELOPMENT CONTINUED FEDERAL RESEARCH AND DEVELOPMENT

SEC. 501. (a)(1) The Administrator of the National Aeronautics and 15 USC 4261. Space Administration is directed to continue and to enhance such Administration's programs of remote-sensing research and development. (2) The Administrator is authorized and encouraged to—