Page:United States Statutes at Large Volume 120.djvu/281

 120 STAT. 250

PUBLIC LAW 109–177—MAR. 9, 2006 (A) as an exercise of the rulemaking power of the Senate; and (B) with full recognition of the constitutional right of the Senate to change the rules of the Senate at any time and to the same extent as in the case of any other rule of the Senate.

SEC. 507. REVIEW BY ATTORNEY GENERAL.

(a) APPLICABILITY.—Section 2261 of title 28, United States Code, is amended by striking subsection (b) and inserting the following: ‘‘(b) COUNSEL.—This chapter is applicable if— ‘‘(1) the Attorney General of the United States certifies that a State has established a mechanism for providing counsel in postconviction proceedings as provided in section 2265; and ‘‘(2) counsel was appointed pursuant to that mechanism, petitioner validly waived counsel, petitioner retained counsel, or petitioner was found not to be indigent.’’. (b) SCOPE OF PRIOR REPRESENTATION.—Section 2261(d) of title 28, United States Code is amended by striking ‘‘or on direct appeal’’. (c) CERTIFICATION AND JUDICIAL REVIEW.— (1) IN GENERAL.—Chapter 154 of title 28, United States Code, is amended by striking section 2265 and inserting the following: ‘‘§ 2265. Certification and judicial review ‘‘(a) CERTIFICATION.— ‘‘(1) IN GENERAL.—If requested by an appropriate State official, the Attorney General of the United States shall determine— ‘‘(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death; ‘‘(B) the date on which the mechanism described in subparagraph (A) was established; and ‘‘(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A). ‘‘(2) EFFECTIVE DATE.—The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection. ‘‘(3) ONLY EXPRESS REQUIREMENTS.—There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter. ‘‘(b) REGULATIONS.—The Attorney General shall promulgate regulations to implement the certification 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 exclusive jurisdiction over matters

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