22 U.S.C. § 6712 — No abridgement of constitutional rights

Page 1844 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6712 complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. Executive Documents EX. ORD. NO. 13128. IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION AND THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C. 6701 et seq.] (as enacted in Division I of Public Law 105–277) (the Act), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to facilitate implementation of the Act and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (the ‘‘Con- vention’’), it is hereby ordered as follows: SECTION 1. The Department of State shall be the United States National Authority (the ‘‘USNA’’) for purposes of the Act and the Convention. SEC. 2. The USNA shall coordinate the implementa- tion of the provisions of the Act and the Convention with an interagency group consisting of the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Energy, and the heads of such other agencies or departments, or their designees, I may consider necessary or advisable. SEC. 3. The Departments of State and Commerce, and other agencies as appropriate, each shall issue, amend, or revise regulations, orders, or directives as necessary to implement the Act and U.S. obligations under Arti- cle VI and related provisions of the Convention. Regu- lations under section 401(a) of the Act [22 U.S.C. 6741(a)] shall be issued by the Department of Commerce by a date specified by the USNA, which shall review and ap- prove these regulations, in coordination with the inter- agency group designated in section 2 of this order, prior to their issuance. SEC. 4. The Secretary of Commerce is authorized: (a) to obtain and execute warrants pursuant to sec- tion 305 of the Act [22 U.S.C. 6725] for the purposes of conducting inspections of facilities subject to the regu- lations issued by the Department of Commerce pursu- ant to section 3 of this order; (b) to suspend or revoke export privileges pursuant to section 211 of the Act [18 U.S.C. 229 note]; and (c) to carry out all functions with respect to pro- ceedings under section 501(a) of the Act [22 U.S.C. 6761(a)] and to issue regulations with respect thereto, except for those functions that the Act specifies are to be performed by the Secretary of State or the USNA. SEC. 5. The Departments of State, Defense, Com- merce, and Energy, and other agencies as appropriate, are authorized to carry out, consistent with the Act and in accordance with subsequent directives, appro- priate functions that are not otherwise assigned in the Act and are necessary to implement the provisions of the Convention and the Act. SEC. 6. The Departments of State, Defense, Com- merce, and Energy, and other agencies, as appropriate, are authorized to provide assistance to facilities not owned or operated by the U.S. Government, or con- tracted for use by or for the U.S. Government, in meet- ing reporting requirements and in preparing the facili- ties for possible inspection pursuant to the Convention. SEC. 7. The USNA, in coordination with the inter- agency group designated in section 2 of this order, is authorized to determine whether disclosure of con- fidential business information pursuant to section 404(c) of the Act [22 U.S.C. 6744(c)] is in the national in- terest. Disclosure will not be permitted if contrary to national security or law enforcement needs. SEC. 8. In order to take additional steps with respect to the proliferation of weapons of mass destruction and means of delivering them and the national emergency described and declared in Executive Order 12938 of No- vember 14, 1994 [listed in a table under section 1701 of Title 50, War and National Defense], as amended by Ex- ecutive Order 13094 of July 30, 1998, section 3 of Execu- tive Order 12938, as amended, is amended to add a new subsection (e) to read as follows: ‘‘(e) the Secretary of Commerce shall impose and enforce such restrictions on the importation of chemicals into the United States as may be necessary to carry out the requirements of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.’’ SEC. 9. Any investigation emanating from a possible violation of this order, or of any license, order, or regu- lation issued pursuant to this order, involving or re- vealing a possible violation of 18 U.S.C. section 229 shall be referred to the Federal Bureau of Investigation (FBI), which shall coordinate with the referring agency and other appropriate agencies. The FBI shall timely notify the referring agency and other appropriate agen- cies of any action it takes on such referrals. SEC. 10. Nothing in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or in- strumentalities, its officers or employees, or any other person. SEC. 11. (a) This order shall take effect at 12:01 a.m. eastern daylight time, June 26, 1999. (b) This order shall be transmitted to the Congress and published in the Federal Register. WILLIAM J. CLINTON. § 6712. No abridgement of constitutional rights No person may be required, as a condition for entering into a contract with the United States or as a condition for receiving any benefit from the United States, to waive any right under the Constitution for any purpose related to this chapter or the Convention. (Pub. L. 105–277, div. I, title I, § 102, Oct. 21, 1998, 112 Stat. 2681–861.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this divi- sion’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Conven- tion Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of divi- sion I to the Code, see Short Title note set out under section 6701 of this title and Tables. § 6713. Civil liability of United States (a) Claims for taking of property (1) Jurisdiction of courts of the United States (A) United States Court of Federal Claims The United States Court of Federal Claims shall, subject to subparagraph (B), have ju- risdiction of any civil action or claim against the United States for any taking of property without just compensation that oc- curs by reason of the action of any officer or employee of the Organization for the Prohi- bition of Chemical Weapons, including any member of an inspection team of the Tech- nical Secretariat, or by reason of the action of any officer or employee of the United