Page:United States Statutes at Large Volume 120.djvu/282

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[120 STAT. 251]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 251]

PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 251

under paragraph (1), subject to review by the Supreme Court under section 2350 of this title. ‘‘(3) STANDARD OF REVIEW.—The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.’’. (2) CLERICAL AMENDMENT.—The table of sections for chapter 154 of title 28, United States Code, is amended by striking the item related to section 2265 and inserting the following: ‘‘2265. Certification and judicial review.’’.

(d) APPLICATION TO PENDING CASES.— (1) IN GENERAL.—This section and the amendments made by this section shall apply to cases pending on or after the date of enactment of this Act. (2) TIME LIMITS.—In a case pending on the date of enactment of this Act, if the amendments made by this section establish a time limit for taking certain action, the period of which began on the date of an event that occurred prior to the date of enactment of this Act, the period of such time limit shall instead begin on the date of enactment of this Act. (e) TIME LIMITS.—Section 2266(b)(1)(A) of title 28, United States Code, is amended by striking ‘‘180 days after the date on which the application is filed’’ and inserting ‘‘450 days after the date on which the application is filed, or 60 days after the date on which the case is submitted for decision, whichever is earlier’’. (f) STAY OF STATE COURT PROCEEDINGS.—Section 2251 of title 28, United States Code, is amended— (1) in the first undesignated paragraph, by striking ‘‘A justice’’ and inserting the following: ‘‘(a) IN GENERAL.— ‘‘(1) PENDING MATTERS.—A justice’’; (2) in the second undesignated paragraph, by striking ‘‘After the’’ and inserting the following: ‘‘(b) NO FURTHER PROCEEDINGS.—After the’’; and (3) in subsection (a), as so designated by paragraph (1), by adding at the end the following: ‘‘(2) MATTER NOT PENDING.—For purposes of this section, a habeas corpus proceeding is not pending until the application is filed. ‘‘(3) APPLICATION FOR APPOINTMENT OF COUNSEL.—If a State prisoner sentenced to death applies for appointment of counsel pursuant to section 3599(a)(2) of title 18 in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.’’.

TITLE VI—SECRET SERVICE SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Secret Service Authorization and Technical Modification Act of 2005’’.

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28 USC 2251 note.

Termination date.

Secret Service Authorization and Technical Modification Act of 2005. 18 USC 1 note.

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