28 U.S.C. § 2264 — Scope of Federal review; district court ad-

Page 584 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2263 have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b). (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1222.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title. § 2263. Filing of habeas corpus application; time requirements; tolling rules (a) Any application under this chapter for ha- beas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. (b) The time requirements established by sub- section (a) shall be tolled— (1) from the date that a petition for certio- rari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure re- view by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; (2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court dis- position of such petition; and (3) during an additional period not to exceed 30 days, if— (A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the fil- ing of a habeas corpus application under sec- tion 2254; and (B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section. (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title. § 2264. Scope of Federal review; district court ad- judications (a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is— (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court’s rec- ognition of a new Federal right that is made retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review. (b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it. (Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title. § 2265. Certification and judicial review (a) CERTIFICATION.— (1) IN GENERAL.—If requested by an appro- priate State official, the Attorney General of the United States shall determine— (A) whether the State has established a mechanism for the appointment, compensa- tion, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indi- gent prisoners who have been sentenced to death; (B) the date on which the mechanism de- scribed in subparagraph (A) was established; and (C) whether the State provides standards of competency for the appointment of coun- sel in proceedings described in subparagraph (A). (2) EFFECTIVE DATE.—The date the mecha- nism described in paragraph (1)(A) was estab- lished shall be the effective date of the certifi- cation under this subsection. (3) ONLY EXPRESS REQUIREMENTS.—There are no requirements for certification or for appli- cation of this chapter other than those ex- pressly stated in this chapter. (b) REGULATIONS.—The Attorney General shall promulgate regulations to implement the cer- tification procedure under subsection (a). (c) REVIEW OF CERTIFICATION.— (1) IN GENERAL.—The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title. (2) VENUE.—The Court of Appeals for the District of Columbia Circuit shall have exclu- sive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title. (3) STANDARD OF REVIEW.—The determina- tion by the Attorney General regarding wheth- er to certify a State under this section shall be subject to de novo review. (Added Pub. L. 109–177, title V, § 507(c)(1), Mar. 9, 2006, 120 Stat. 250.) Editorial Notes PRIOR PROVISIONS A prior section 2265, added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1223, related to the appli-