Page:United States Statutes at Large Volume 112 Part 4.djvu/890

 112 STAT. 2681-861 PUBLIC LAW 105-277—OCT. 21, 1998 22 USC 6712. SEC. 102. NO ABRmGEMENT 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 Act or the Convention. 22 USC 6713. SEC. 103. CIVIL LIABILITY OF THE 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 jurisdiction of any civil action or claim against the United States for any taking of property without just compensation that occurs by reason of the action of any officer or employee of the Organization for the Prohibition of Chemical Weapons, including any member of an inspection team of the Technical Secretariat, or by reason of the action of any officer or employee of the United States pursuant to this Act or the Convention. For purposes of this subsection, action taken pursuant to or under the color of this Act or the Convention shall be deemed to be action taken by the United States for a public purpose. (B) DISTRICT COURTS.— The district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any civil action or claim described in subparagraph (A) that does not exceed $10,000. (2) NOTIFICATION.—Any person intending to bring a civil action pursuant to paragraph (1) shall notify the United States National Authority of that intent at least one year before filing the claim in the United States Court of Federal Claims. Action on any claim filed during that one-year period shall be stayed. The one-year period following the notification shall not be counted for purposes of any law limiting the period within which the civil action may be commenced. (3) INITIAL STEPS BY UNITED STATES GOVERNMENT TO SEEK REMEDIES.— During the period between a notification pursuant to paragraph (2) and the filing of a claim covered by the notification in the United States Court of Federal Claims, the United States National Authority shall pursue all diplomatic and other remedies that the United States National Authority considers necessary and appropriate to seek redress for the claim including, but not limited to, the remedies provided for in the Convention and under this Act. (4) BURDEN OF PROOF.— In any civil action under paragraph (1), the plaintiff shall have the burden to establish a prima facie case that, due to acts or omissions of any official of the Organization or any member of an inspection team of the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged or taken without authorization. If the United States Court of Federal Claims finds that the plaintiff has demonstrated such a prima facie case, the burden shall shift to the United States to disprove the plaintiffs claim. In deciding whether

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