If a court of competent jurisdiction enters a final judgment on the merits that—
(1) is based on Federal law;
(2) is no longer subject to appeal; and
(3) substantially limits or impairs the essential elements of sections 116 through 126 of this title,
(Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)