On October 21, 2020, the President signed into law the Due Process Protections Act, Pub. L. N. 116-182, 234 Stat. 894 (Oct. 21, 2020). The law, which became effective on enactment, amends Rule 5 of Federal Rules of Criminal Procedure 5 (Initial Appearance) by adding a requirement that trial judges “[i]n all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present,” issue an oral and written order: (1) confirming the prosecutor’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny; and (2) notifying the prosecution of the possible consequences of violating the order. The amendment to Rule 5 further requires that each judicial council promulgate a model order for use by judges. The full text of the amendment is here.
The Administrative Office of the US Courts issued a memorandum about the Statutory Amendment to Criminal Rule 5 on October 26, 2020, stating that "all judges must immediately comply with this new requirement, and judicial councils must draft and promulgate a model order implementing this change as soon as practicable."