(c) REVIEW BY ATTORNEY GENERAL.— 
(1) IN GENERAL.—Section 2261(b) of title 28, 
United States Code, is amended— 
(A) by striking ‘‘(b) This chapter is appli-
cable if a State establishes’’ and inserting the 
following: 
‘‘(b) This chapter is applicable if— 
‘‘(1) the Attorney General of the United States 
certifies that a State has established’’; 
(B) in the first sentence, by striking the 
period at the end and inserting a semicolon; 
(C) by striking ‘‘The rule of court or stat-
ute must provide standards’’ and inserting the 
following: 
‘‘(2) the court, statute, or other agency provides 
standards’’; 
(D) by striking the period at the end and 
inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(3) the order required under subsection (c) is 
entered on or after the effective date of the Attorney 
General’s certification under section 2267.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 2265(a) of title 28, United States 
Code, is amended—
(A) by striking ‘‘(a) For purposes’’ and in-
serting the following: 
‘‘(a)(1) For purposes’’; 
(B) by striking ‘‘This chapter shall apply, 
as provided in this section, in relation to a 
State unitary review procedure if the State es-
tablishes’’ and inserting the following: 
‘‘(2) This chapter shall apply, as provided in this sec-
tion, in relation to a State unitary review procedure if— 
‘‘(A) the Attorney General of the United States 
certifies that a State has established’’; 
(C) by striking ‘‘or by statute’’ and insert-
ing ‘‘, by statute, or by agency rule’’; 
(D) by striking the period after ‘‘pro-
ceedings’’ and inserting a semicolon; 
(E) by striking ‘‘The rule of court or stat-
ute must provide’’ and inserting the following: 
‘‘(B) the rule of the court, the statute, or the 
agency rule provides’’; 
(F) by striking the period at the end and 
inserting ‘‘; and’’; and 
(G) by adding at the end the following: 
‘‘(C) the order required under subsection (b) is 
entered on or after the effective date of the Attorney 
General’s certification under section 2267.’’.
(d) JUDICIAL REVIEW.—Chapter 154 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 2267. Judicial review 
‘‘(a) IN GENERAL.—If requested by the chief law en-
forcement officer of a State, the Attorney General of the 
United States shall determine whether the State has es-
tablished a qualifying mechanism for the purpose of sec-
tion 2261(b)(3) or 2265(a)(2)(C), and, if so, the date on 
which the mechanism was established. The date the mech-
anism was established shall be the effective date of the 
certification. 
‘‘(b) REGULATIONS.—The Attorney General shall 
promulgate regulations to implement the certification pro-
cedure under subsection (a). 
‘‘(c) REVIEW OF CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Attorney General’s de-
termination of whether to certify a State under this 
section is subject to review exclusively as provided 
under chapter 158. 
‘‘(2) VENUE.—The Court of Appeals for the 
District of Columbia Circuit shall have exclusive ju-
risdiction over matters under paragraph (1), subject 
to review by the Supreme Court under section 2350.
‘‘(3) STANDARD
OF
REVIEW.—The Attorney 
General’s determination of whether to certify a State 
under this section shall be conclusive unless mani-
festly contrary to the law and an abuse of discre-
tion.’’. 
(e) CLERICAL AMENDMENTS.—The table of sections 
for chapter 154 of title 28, United States Code, is amend-
ed— 
(1) by striking the item related to section 2264 
and inserting the following: 
‘‘2264. Scope of Federal review.’’; 
and 
(2) by adding at the end the following: 
‘‘2267. Judicial review.’’. 
SEC. 10. CLEMENCY AND PARDON DECISIONS. 
(a) IN GENERAL.—Chapter 85 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1370. State clemency and pardon decisions 
‘‘(a) IN GENERAL.—Except as provided under sub-
section (b), and notwithstanding any other provision of 
law, no Federal court shall have jurisdiction to hear any 
cause or claim arising from the exercise of a State’s execu-
tive clemency or pardon power, or the process or proce-
dures used under such power.
‘‘(b) EXCEPTION.—This section does not affect the 
jurisdiction of the Supreme Court to review any decision 
of the highest court of a State that involves a cause or 
claim arising from the exercise of a State’s executive clem-
ency or pardon power, or the process or procedures used 
under such power.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 85 of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘1370. State clemency and pardon decisions.’’. 
SEC. 11. EX PARTE FUNDING REQUESTS. 
Section 408(q)(9) of the Controlled Substances Act 
(21 U.S.C. 848(q)(9)) is amended— 
(1) by striking ‘‘(9) Upon’’ and inserting the 
following: ‘‘(9) (A) Upon’’; 
(2) by striking the last two sentences and in-
serting the following: ‘‘An application for services 
under this paragraph shall be decided by a judge 
other than the judge presiding over the post convic-
tion proceeding under section 2254 or 2255 of title 
28, United States Code, seeking to vacate or set 
aside a death sentence. Any amounts authorized to 
be paid under this paragraph shall be disclosed to 
the public immediately.’’; and 
(3) by adding at the end the following:
‘‘(B) No ex parte proceeding, communication, 
or request may be considered in a post-conviction ac-
tion pursuant to this section, except to the extent 
necessary to protect any confidential-communica-
tions privilege between the defendant and post-con-
viction counsel. The court shall not grant an applica-
tion for an ex parte proceeding, communication, or 
request unless the application has been served upon 
the respondent and the court has allowed the re-
spondent a reasonable opportunity to answer the ap-
plication. All proceedings, communications, or re-
quests conducted pursuant to this section shall be 
transcribed and made a part of the record available 
for appellate review.’’. 
SEC. 12. CRIME VICTIMS’ RIGHTS. 
Section 3771(b) of title 18, United States Code, is 
amended by adding at the end the following: ‘‘A crime vic-
tim shall also be afforded the rights established for crime 
victims by this section in a Federal habeas corpus pro-
ceeding arising out of a State conviction.’’. 
SEC. 13. TECHNICAL CORRECTIONS. 
(a) APPEAL.—Section 2253(c)(1) of title 28, United 
States Code, is amended by striking ‘‘circuit justice or 
judge’’ and inserting ‘‘district or circuit judge’’.
(b) FEDERAL CUSTODY.—Section 2255 of title 28, 
United States Code, is amended by designating the 8 un-
designated paragraphs as subsections (a) through (h), re-
spectively. 
SEC. 14. APPLICATION TO PENDING CASES. 
(a) IN GENERAL.—This Act and the amendments 
made by this Act shall apply to cases pending on and after 
the date of enactment of this Act. 
(b) TIME LIMITS.—In a case pending on the date of 
enactment of this Act, if the amendments made by this 
Act establish a time limit for taking certain action the pe-
riod 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 enact-
ment of this Act. 
Æ