LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. (a) Conforming Amendment to Section 2244(a).— Section 2244(a) of title 28, United States Code, is amended by striking “and the petition” and all that follows through “by such inquiry, and inserting“, except as provided in section 2255.”. (b) Limits on Second or Successive Applications.— Section 2244(b) of title 28, United States Code, is amended to read as follows: “(b) (1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. “(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless— “(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or 110 STAT. 1221 “(B) (i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and “(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. “(3) (A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application. “(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals. “(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection. “(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion. “(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari. “(4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.”.