Received by Registration Unit 01/23/2018 3: 24: 20 PM (ii) an attorney for the government moves in the district where the warrant was issued, to dismiss the complaint. (B) If a defendant is arrested for violating pro- bation or supervised release, . Rule 32.1 applies. (C) If a defendant is arrested for failing to appear in another district, Rule 40 applies. (3) Appearance Upon a Summons.'When a de- fendant appeals in response to a summons under Rule 4, a magistrate judge. must proceed unde1" Rule Std) or as applicable. (11) Arrest Without :1 Warrant. If a defendant is arrested without a warrant, a complaint meeting Rule requirement of probable cause must be tiled in the district where the offense was allegedly - committed. Place of Initial Appearance; to An- other District. (I) Arrest in the District Where the Offense Was Allegedly Committed. If the defendant is an rested in the district where the offense was allegedly Rule 5 RULES OF CRIMINAL PROCEDURE the government produces the warrant, a certi?ed copy 'of the Warrant. or a reliable-elec- tronic form of either; and (ii) the judge ?nds that the defendant is the same person named in the indictment, informa- tion. or warrant; and (E) when a defendant is transferred and dis- charged, the clerk must transmit the papers and any bail to the clerk in the district. where the offense was allegedly committed. - (4) Procedure for Persons Extradited to the United States. If the defendant isvsurrendered to the United States in accordance with a request for the defendant?s extradition the initial appearance must he in the. district (or one of the districts) where the offense is chal ged. Procedure" a Felony Case. (1) Advice. If the defendant is charged with a felony, the judge must inform the defendant of the following: (A) the complaint against the defendant, and any af?davit filed With it; 1.44.112?; 15-me . Rf" 1 (B) the defendant?s right to retain counsel or to 1. (A) the initial appearance must be in that dis- 1equest that counsel be appointed if the defendant 3; trict; and cannot obtain counsel; . (B) if a magistrate judge is not reasonably (C) the circumstances if any, unde1 which the I available. the initial appearance may be before a defendant may secure pretrial 1elease; state or local judicial of?cer. (D) any right to a preliminary hearing: - . .-, (2) Arrest in a District Other Than Where the (E) the defendant?s right not to make a 'statE- Offense Was Allegedly Committed. If the defen- ment and that" any statement made may be used 9' dant was arrested in a district other than where the against the defendant; and -- offense was allegedly committed, the initial appear- (F) that a defendant who 18 not a United States i ance must be: citizen may request that an atto1ney for the gmr- 1 (A) in the district of arrest; or eminent or 3 fed?? law enforcement of?cial ?Otiadjacent district if: fy a consular of?cer'from the defendant?s coil'lilzi?jr the appearance can occur more of nationality that the defendant has been arrest- I. '5 there or ed?but that even without the defendant?s request. I 11 (ii) the offense was allegedly committed a or other ulterInatlonal agreement may L. there and the imtlal appearance will occul on require consular noti?cation. . ?15-1 the day of arrest. (2) Consultmg w1th Counsel. The Judge must 1:1? (3) Procedures in a District Other Than Where allIow tillIe defeniiant reasonable opportunity to con- .. the Offense Was Allegedly Committed. If the ini- ?01m? 111.131 tial appearance occurs in a district other than where (3) Detention or Release. The judge must detain .3111 the offense was allegedly cemmitted, the following 01' ?319-339 the defendant as P'imded by statute 01' . - if. procedures apply: these rules. I I .51 (A) the magistrate judge must inform the de- (4) Plea. A defendant may be asked to plead only. gag-r11 fendant about the provisions of Rule 20; under R4119 10- ?at (B) if the defendant was arrested without a Procedure in a Misdemeanor Case. If the de- warrant, the district court where the offense was fendant 15 charged with a misdemeanor only, the 1 allegedly committed must ?rst issue a warrant must inform the defendant in accordance with Rule before the magistrate judge transfers the defen- dant to that district; .. Video Teleconferencing. Video teleconfer?ncing '1 (C) the m?815?m18 Judge must conduct a pre- may be used to conduct an appearance under this rule ii i liminary hearing If required by Ri?e 5.1: if the defendant consents. ii 1' i 5 . (D) the magistrate judge must transfer the de~ (As amended Feb. 28. 1966, eff. July 1, 1966;" Apr. 24, ?1972.. fendant to the district where the offense was eff, Oct. 1, ,19q2; Apr. 28, 1982, eff. Aug, 1. 1982: Oct. 12, 1 allegedly committed if: 1984. Pub.L. 98-473, Title 11. 209(3), 98 Stat. 1986; Mar. 9. For Complete Annotation materials. see United States Code Annotated These materials are distributed by Brownstein Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico Additional in onnatlon 1s on with the Registration Unit 01/23/2018 3:24:20 PM . I The refer- These materials are distributed by Brownstein Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico. Additional information is on ?le with Receiv ?pfaduce the I parallels .. . to Rule which betweenthat . . w- .. - .. . 13.1." I 3:1. PRELIMINARY 'wsporting evidence. Rule Staltle) requires the pox-son be taken before a magistrate judge without unnecessary delay. consistent. with this obligation, it. is preferable not to delay an 'ted person's tz-anSportation to hold an initial appear- - ent in that district for some time as a result of connecting ?ights or logistical difficulties. Interrupting an extradited defendant?s transportation at this point can impair his or her ability to obtain and consult with trial counsel and to prepare his or her defense in the district. where the charges are pending. - Changes Made to Proposed Antendm'ent Released for Pub- lic Comment 0 changes were made in the amendment as published. . 2014 Athendments Rule ?3??th Article 36 of the Vienna convention on -- consular Relations provides that detained foreign nationals - shall be advised that they may have the Consulate ot' their "home country noti?ed of their arrest and detention, and . bilateral agreements with numerous countries require consu- Ia'r nati?cation whether or not. the detained foreign national requests-it. Article 36 requires consula?rnoti?cauon advice to be given ?without delay,? and arresting of?cers are primarily responsible for providing this advice. Providing this advice at the inrtial appearance is designed. not to-relieve law enforcement of?cers of that responsibility, but - to provide additional assurance that US. treaty obli- gations are ful?lled, and to clieat'e 'a judicial record of that action. The Committee concluded that the most effective and ef?cient method of conveying this information is to provide it to every defendant, without attempting to determine the defendant's citizenship. At the time of this amendment, many questions remain unresolVed by the courts ooncermng Article 36, including whether it creates individual rights thattmay be invoked in a judicial preceeding and what, if any,'remedy may exist for a violation- of Article 36. Sanchez-Mm o. Oregon, 548 us. 331 (2006). This amendment does not address those ques- tions. More partiCulax-ly?, it does not create any such rights or remedies. Changes Made After Publication and Comment In response to public comments the amendment was re- phrased to state that the information regarding consular noti?cation should be provided to all defendants who are arraigned. Although it is anticipated that ordinarily only defendants who are held in custody will ask the government to notify a consular of?cial of their arrest. it is appropriate to provide this information to all defendants at their initial appearance. The new phrasing also makes it clear that the advice should be provided to every defendant, without any attempt to determine the defendant's citizenship. A conform- ing change was made to the Committee Note. Rule 5.1. Preliminary Hearing In General. If a defendant is charged with an offense other than a petty offense, a magistrate judge must conduct a preliminary hearing unless: the defendant waivesthe hearing; (2) the defendant is indicted; hy Registration Unit 01/23/2018, 3:24:20 PM PROCEEDINGS Rule 5.1 (3) the government ?les an information under Rule 7(b) charging the defendant with a felony; (4) the government files an infurmation charging the defendant with a misdemeanor; or (5) the defendant is charged with a misdemeanor and consents to trial before a magistrate judge. Selecting a District. A defendant-arrested in a district other than where the offense was allegedly committed may elect to have the preliminary hearing conducted in the district Where the prosecution is pending. Scheduling. The magistrate judge must hold the preliminary hearing within 'a reasonable time, but no later than 14 days after the initial appearance-if the defendant is in custody and no later than 21 days if not in custody. Extending the Time. With the defendant's min-- .sent and upon a showing of good cause?taking into account the public interest in the prompt disposition of criminal cases?a magistrate judge may extend the time limits in Rule 5.1(c) one or more times. If the defendant does not consent, the magistrate judge may extend the time limits only on a showing that extraor- dinary circumstances exist and justice requires the delay. Hearing and Finding. At the preliminary hear- ing, the defendant may cross-examine adverse wit? nesses and may introduce evidence but may not object to evidence on the ground that it was unlawfully ac- quired. If the magistrate judge ?nds probable cause to believe an offense has been committed and the defen- dant committed it, the magistrate judge must - require the defendant to appear for further proceed- ings. - Discharging the Defendant. If the magistrate judge ?nds no probable cause to believe an offense has been committed or the defendant committed it, the magistrate judge must dismiss the complaint and dis- ?charge the defendant~ A discharge does not preclude the government from later prosecuting the defendant for the same offense. . (g)'Recording the Proceedings. The preliminary hearing must be recorded by a court reporter or by a suitable recording device. A recording of the proceed- ing may be made available to any party upon rednest. A copy of the recording and a transcript may be provided to any party upon request and upon any . payment required by applicable. Judicial Conference regulations. Producing a Statement. 30) In General. Rule and applies at any'hearing under this rule, unless the magistrate judge for good cause rules otherwise in a particular case. . . (2) Sanctions for Not Producing a Statement. If a party disobeys a Rule 262 order to deliver a For Complete Annotation materials. we _Unlted States Code Annotated 41 the Depanmem Registration Unit 01/23/2018 3:24:20 PM Received by_ Registration'Unit 01/23/2018 3:24:20 PM- '11 . Calendar No. 216 115m CONGRESS 780 - . SESSION [Report No. 115?152] Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 23018, and for other purposes. . IN THE SENATE OF THE UNITED STATES SEPTEMBER 7,2017 . Mr. GRAHAM, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar - A BILL Making appropriations for the Department of State, foreign operations, and related programs for the ?scal year end- ing September 30,- 2018, and for other purposes. 1 . Be it enacted by the Senate and House ofRepresenta- tines of the United States ofAmertca in Congress assembled, That the following sums. are appropriated, out of any .money in the Treasury not otherwise apprOpriated, for the Department of State, foreign operations, and related pro- grams for the "fisCal year ending September 30, 2018, and ?Jana-hulk) for other purposes, namely: These materials are disin?b'tited by Brownstein Hyatt Fa?rber Schreck LLP On behalf of the Embassy of Mexico. Additional information Is on ?le with the Department of Justice Washington D. Received by Registration Unit 01/23/2018 3. 24: 20 PM Received by ARA Registration Unit 01/23/2018 3:24:20 PM 361 1 (G)'shall conduct regular consultation with 2 civil society organizations working to advance 3 gender equality and empower women and girls 4 internationally. 5- . (4) Office shall be headed 6 by an Ambassadoreat?Large for Global Women?s 7 Issues who?? I 8 (A) exercises signi?cant authority; 9 (B) reports to the President or to the Sec; '10 retary of Stateappointed by the President or by the 12 Secretary of State, with the advice and consent 13 of the Senate. 14 later than 180days- after 15' the date of the enactment of this Act, the Secretary 16 of State shall .submit a report to the appropriate 17 congressional committees describing the steps taken 18 to ful?ll the duties of the Of?ce Set'f?orth in. para- l9 graph (3). i i i 20 CONSULAR NOTIFICATION COMPLIANCE 21? SEC. 7088. PETITION FOR 22 (1) any. other 23 provision of law, a Federal court Shall have jurisdic? 24 tion to review the merits of a petition claiming viola? 25 tion of Article 36(1)(b) or of the Vienna Conven- ?cS 1780 PCS These materials are distributed by Brownstetn Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico. Additional information is on ?le with the Department of Justice, Washington, DC. ReCeived by Registration Unit 01/23/2018 3:24:20 PM Receivedby Registration Unit 01/23/2018 32420 PM 362 1 tion on Consular Relations, done at ViennaApril 24,- I 2 19.63,. or a comparable provision of a bilateral inter: 3 national agreement addressing consular notification 4 and access, ?led by an. individual convicted and sen? 5 i tean to death by any Federal 0r Stateeourt before I 6 I the date of enactment of this Act. . '7 obtain relief, an individual 8 described in paragraph (1). must make 'a showing of 9 actual prejudice/to. the criminal conviction or sen- 10 tence as a result of the violation. The court may 11 conduct an evidentiary hearing if necessary to sup- 12 plement the record and, upon a ?nding of actual 13 prejudice, shall order a new trial or sentencing pro- 14 ceeding. A 15 (3) 16 (A) INITIAL qualify for re- 17 View under this subsection, a petition must 18 make an initial showing that?? 19 I a Violation of Article 36(1)(b) or 20 of the Vienna Convention on Consular 21 Relations, done at Vienna April 24, 1.963, 22 or a comparable provision of a bilateral 23 international agreement addressing con- 24 sular noti?cation and access, occurred with .S 1780 PCS I These materials are distributed by Brownstein Hyatt Farber Schreok LLP on behalf of the Embassy'of Mexico. Additidnai infOrmatiOn is on ?le With the Department of Justice. Washington. DC. Received by Registration Unit 01/23/2018 3:24:20 PM Received by Registration Unit 01/23/2018 3:24:363 respect to the individualldescribed in para- graph and I (ii) if such Violation had not occurred, the consulate would have provided assist-- ance to the individual. (B) EFFECT OF PRIOR petition .for review under this subsection shall not be granted if the claimed vio1ation described 'in paragraph (1) has previously been adju- dicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with reSpect to such violation and in which the eOurt provided review equivalent to the review proVided in this subsection, unless the adjudication of the claim resulted in a deci- sion that was based on an unreasonable deter- mination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) FILING petition for re- view under this. subsectionshall be filed" within ?1 year of the later of? the date of enactment of this Act; IS 1780 PCS These materials are distribLited by Br'o'wnstein Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico. Additional information is on: file with the Department of Justice Washington D. Received by Registration Unit 01/23/2018 3. 24' 20 PM Received by Registration Unit 01/23/2018 3:24:20 PM 364 1 (ii) the date on which the Federal or I 2- State court judgment against the indi-i - 3 vidual described in paragraph (1) became I ?nal by the conclusion of direct review er 5 i the eXpiration of the time for seeking such '6 review; or i 7 1 the date on which the impediment 8 to ?ling a petition created by Federal or 9 State aetion in violation of the Constitu- 10 tion or laws of the United States is re- 11.? moved, if the individual described in para-v. 12 graph. (1) was prevented from ?ling by 13 such Federal. or State action. 1.4 time during which a 15 proper-1y ?led applicatiOn for State post-convic- 16 tion or other collateral review With respect to 17 the pertinent judgment or claim is pending 18. Shall not?be' counted toward the 1-year period of 19 limitation. . 20 (E) TIME. LIMIT FOR Federal 21 court shall give priority to a petition for review 22 ?led under this subsection oVer all noncapital 23 matters With respect to a petition for review 24 ?led under this Subsection and claiming only a 25' violation described in paragraph (1), a Federal 9S 1780 PCS These materials are distnbuted by Brownstein Hyatt Farber Schreck on behalf of the Embassy of Mexico. Additional information is on: ?le with the Department of Justice Washington C. Received by Registration Unit 01/23/2018 3: 24: 20 PM Received by ARA Registration Unit 01/23/2018 3:24:20 PM 365 '1 court shall render a final determination and 2 enter a ?nal judgment not later than one year 3 after the date on which the petition is . 4- (4) petition for review '5 I under this subsection shall be part of the first Fed- 6 eral habeas corpus application or motion for Federal 7_ collateral relief under chapter 153 of title-28y United 8 States "Code, ?ledby an individual, except that if an 9 individual ?led a Federal habeas corpus application 10. or motion for Federal collateral relief before the date '11 of enactment of this Act or if such application is re- 12 quired to be ?led before the date that is 1 year after 13 the date ?of enactment of this Act, such petition for 1.4 review under this subsection shall be ?led not later 15' than 1 year after the enactment date or within the .- 16 period prescribed by paragraph whichever .17 is later. No petition ?led in conformity with the. re- 18 . quireme-nts of the preceding sentence shall be consid- 19 ered a second or successivehabeas corpus'applica- 20 tion or subjected to any bars to relief based on 21 preenact'ment proceedings other than as. specified in 22 paragraph (2). 23 - (5) REFERRAL TO Federal 24 court acting under this subsection may refer the pc- 25' tition for review to a Federal magistrate for pro- .S 1780 PCS These materials'are distn?buted by Brownstein Hyatt Farber Schreck LLP on behalf of'the Embassy Of Mexico. Additional information is on ?le'with the Department of Justice, Washington, 00. Received by Registration Unit 01/23/2018 3:24:20 PM Received by Registration Unit 01/23/2018 3:24:20 PM 366' 1 posed ?ndings and recommendations pursuant to i section of title 28, United States Code. 3 (6) 4 . . (A) ?nal order on. a pear 5 . tion for revievy under paragraph (1) shall be 6 subject to reviewion appeal by the court of ap- 7 peals for the circuit iniwhich the proceeding is "8 .held. 9 (B) APPEAL vindi- - I 10 vidual described in paragraph (1) may appeal a 11 ?nal order on as pet?iti?on'for review under para- 12 graph (1) only if a district or ici?rcuit judge 13 .1 issues a certi?cate of appealability. Ar'dis?trict or ?14 circuit-court judge shall issue or deny a certi?- 15 cate of appealability not later than 30 days 16 after an application for a certi?cate of 17 appeal-ability is ?led. A district judge or circuit 18 judge may issue a certi?cate of appealability ?19 under this subparagraph if the individual has 20 made a substantial showing of actual prejudice. 21 to the criminal conviction or sentence of the in- _22 dividual as a result of a violation described in '23 paragraph (.1). 24 08 1-780 PCS . These materials are distributed by Brownstein Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico. Additionai information is on ?l'ewith the Department of Ju'stice. Washington, DC. Received by ARA Registration Unit 01/23/2018 3:24:20 PM Received by Registration Unit 01/23/2018 3:24:20 PM .367 (1) IN GENERAL. An individual not Covered by subsection who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may rai?sic a claim of a violation of Article or of the Vienna . Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bi- lateral international agreement addressing consular noti?cation and access, at a reasonable time after . the individilal becomes aware of the viOlation, before the court with jurisdiction over the charge. Upon a . ?nding of suCh a violation? (A) the consulate of the foreign state of which the individual is a national shall be noti- fied immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna 'April 24, 1963, or the com? parable provisions of a bilateral international agreement addressing consular notification and access; and i (B) the court? shall poStpone any proceedings. to the extent the court determines necessary -oS 1780 PCS - These materials are distribUted by Hyatt Farber SchreoktLP on behalf of the Embassy of Mexico. Additional information is on ?le With the Department of Justice. Washington. DC. Received by Registration Unit 01/23/2018 3:24:20 PM Received by Registration Unit 01/23/2018 3:24:20 PM court may if necessary to resolve in this 368 . . 1 to allow for opportunity for con.- 2 sular access and assistance; and I 3 ?01) may enter necessary orders to fa- 4 - cilitate consular aCcess and assistance. (2) EVIDENTIARY 6 conduct evidentiary hearings 7 factual isSuc?s. 8 (3) RULE. 0F CONSTRUC 9 subsection shall be eonstrued to, create any addi- 10 tional remedy. i i 11 this section the term ?State? 12 1?1 i?A r?Lo) tions Act, 2018?. . .s 1780 PCS I means any State of the United States. the District of C0-0 lumbia, the Commonwealth of Puerto Rico, and any terri- tory or possession of the United Stiates. prgoyisions of this section shall apply. during. the current fiscal year and hereafter. This Act may be cited as the ?Department of Static, Foreign Operations, and Related Programs Appropria- These materials are distnbuted by Brownstein Hyatt Farber Schreck LLP on behalf of the Embassy of Mexico. Additional infermation is 0111 ?le with the Department of Justice Washington D. 0 Received by ARA Registration Unit 01/23/2018 3: 24 .20 PM Received by Registration Unit 01/23/2018 3:24:20 PM Calendar No. 216 1'15m CONGRESS REPORT 1st Session SENATE 115?152 DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS BILL, 2018 SEPTEMBER 7, 2017.??Ordered to be printed Mr. GRAHAM, from the Committee on Appropriations, submitted the following REPORT [To accompany S. 1780] The Committee on Appropriations reports the bill (S. ing appropriations for the Department of State, foreign Operations, and related programs for the ?scal year ending September 30, 2018, and for other urposes, reports favorably thereon and rec- ommends that the bilijdo pass. . Amounts in new budget authority Total of bill as reported to the Senate $51,353,900,000 Amount of 2017 appropriations 57,523,900,000 Amount of 2018 budget estimate 40,680,726,000 Bill as recommended to Senate compared to? - 2017 appropriations 6, 176,000,000 2018 budget estimate 10,673,174,000 26?689 PDF These materials are dist'nbUted by Brownstein Hyatt Fa?rb'er Schreck LLP on behalf of the Embassy of Mexico. Additional information is on ?le with the Department of Justice. Washington. DC. Received by ARA Registration Unit 01/23/2018 3:24:20 PM . Received by Registration Unit 01/23/2018 3:24:20 PM 102 strict Internet freedom. The Committee encourages the Secretary of State to reiriew and update such strategies. GLOBAL [means maroon- [Budget authority in thousands of dollars] . account Ecdnoinic Support Fund 14.275 of which, Near East Regional Democracy Program 9.000 - Democracy Fund (Department of State13,000 I Democracy Fund (USND) 3.500 assistance for Europe. Eurasia and Central Asia - - 4.725 International Broadcasting Operations 15.000 oi which. programs 13.800 oi which, Radio Free Asia personnel costs 1.200 Total Global Internet Freedom .. 50.500 Sec, 7079. Impact on Jobs in the United States See. 7080 Quorum Requirement. Sec. 7081 Disability Programs - Sec 7082. Assistance for United States Citizens and Nationals Unlawfully or Wrongfully Detained Abroad. Sec, 7083. Reorganization or Redesign of the Department of State and the United States Agency for International Development. Noti?cation, Report, and Review?Pursuant to subsection any proposal or plan for the reorganization or redesign of any de- partment, agency, or organization funded by the 'act is subject to prior consultation with, and the regular notification procedures of, the Committee, except a detailed report justifying such proposal and plan shall be submitted concurrently with the noti?cation. Pursuant to subsection prior to the submission of the noti- ?cation required 1n subsection the Comptroller General shall review any reorganization or redesign proposal or plan, which shall be submitted to the Committee Reviews?The Department of State and USAID OIGs shall re- view the process by which any reorganization or redesign plan sub- . mitted by Federal departments and agencies to OMB pursuant to the March 31-, 201.7 EXecu't'iVe Order 13781 on a Comprehen- sive Plan for Reorganizing the Executive Branch was formulated, or other reorganizations taken by departments and agencies out- side of the E0 since January 23., 2017, including the extent to which recommendations in such plans were propo?sedby career em- ployees of such departments or agencies, contractors, and Federal employees outside such departments or agencies; and compliance with the requirements of the act and any other act. Sec. 7084. North American Development Bank, .Sec. 70.85. Multilateral Development Bank Replenishrnents. Sec. 7086. Designation Requirement Sec, 7087. Strengthening Diplomacy and Development. Sec. 7088. Consular Noti?cation Compliance. 1 These materials aredistributed by Brownstein Hyatt Farber Sohreok LLP on behalf of the Embassy of Mexico. Additional information is on ?le With the Department of Justice. Wa'shington, D.C. Received by ARA Registration Unit 01/23/2018 3:24:20 PM