Page:United States Statutes at Large Volume 114 Part 4.djvu/428

 114 STAT. 2490 PUBLIC LAW 106-523—NOV. 22, 2000 "(b) The limitation in subsection (a) does not apply if— "(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f); "(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention; "(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; "(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or "(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a). "(a)(1) In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure— "(A) shall be conducted by a Federal magistrate judge; and "(B) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person. "(2) In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it. "(3) If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person's detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person's release before trial under chapter 207 of this title. "(b) In the case of any person described in subsection (a), any detention hearing of that person under section 3142(f)— "(1) shall be conducted by a Federal magistrate judge; and "(2) at the request of the person, may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person. "(c)(1) If any initial proceeding under this section with respect to any such person is conducted while the person is outside the United States, and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
 * '§ 3265. Initial proceedings

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