petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate 
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus—
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if 
no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due.
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed 
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered. 
‘‘(D) If the court of appeals fails to comply 
with the requirements of this paragraph, the State 
may petition the Supreme Court or a justice thereof 
for a writ of mandamus to enforce the requirements. 
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files 
its answer under paragraph (3) shall run from the date 
the remand is ordered if further briefing is not required 
in the district court. If there is further briefing following 
remand in the district court, such time limits shall run 
from the date on which a responsive brief is filed or, if 
no timely responsive brief is filed, the date on which such 
brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified 
in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief 
is filed, from the date on which such brief is due. 
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a 
ground for granting relief from a judgment of conviction 
or sentence, nor shall the time limitations under this sub-
section be construed to entitle a capital applicant to a stay
of execution, to which the applicant would otherwise not 
be entitled, for the purpose of litigating any application 
or appeal.’’. 
(b) VICTIMS’ RIGHTS IN HABEAS CASES.—Section 
3771(b) of title 18, United States Code, is amended by 
adding at the end the following: ‘‘The rights established 
for crime victims by this section shall also be extended 
in a Federal habeas corpus proceeding arising out of a 
State conviction to victims of the State offense at issue.’’
(c) APPLICATION TO PENDING CASES.—
(1) IN
GENERAL.—The amendment made by 
this section apply to cases pending on the date of 
the enactment of this Act as well as to cases com-
menced on and after that date. 
(2) SPECIAL
RULE
FOR
TIME
LIMITS.—In a 
case pending on the date of the enactment of this 
Act, if the amendment made by subsection (a) pro-
vides that a time limit runs from an event or time 
that has occurred before that date, the time limit 
shall instead run from that date.
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