Page:United States Statutes at Large Volume 102 Part 5.djvu/644

 102 STAT. 4650

PUBLIC LAW 100-702—NOV. 19, 1988

would not be feasible or would work injustice, in which event the former rule applies. "(b) Any such rule creating, abolishing, or modifying an evidentiary privilege shall have no force or effect unless approved by Act of Congress.. (b) ADVISORY COMMITTEES FOR COURTS.—Section 2077(b) is amended— (1) by striking out "of appeals" the first place it appears and inserting in lieu thereof ", except the Supreme Court, that is authorized to prescribe rules of the conduct of such court's business under section 2071 of this title"; and (2) by striking out "the court of appeals" and inserting in lieu thereof "such court". (c) REPEALER.—Section 2076 is repealed. (d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 131 is amended by striking out the item relating to section 2072 and all that follows through the item relating to section 2076 and inserting in lieu thereof the following: "2072. "2073. "2074. "2075.

Rules of procedure and evidence; power to prescribe. Rules of procedure and evidence; method of prescribing. Rules of procedure and evidence; submission to Congress; effective date. Bankruptcy rules.".

SEC. 402. COMPILATION AND REVIEW OF LOCAL RULES.

Records.

Public information.

(a) COMPILATION.—Section 604(a) is amended— (1) by redesignating paragraph (18) as paragraph (23); and (2) by inserting after paragraph (18) the following: "(19) Periodically compile— "(A) the rules which are prescribed under section 2071 of this title by courts other than the Supreme Court; "(B) the rules which are prescribed under section 372(c)(ll) of this title; and "(C) the orders which are required to be publicly available under section 372(c)(15) of this title; so as to provide a current record of such rules and orders;". O> REVIEW.—Section 331 is amended by inserting after the fifth t) paragraph the following: "The Judicial Conference shall review rules prescribed under section 2071 of this title by the courts, other than the Supreme Court and the district courts, for consistency with Federal law. The Judicial Conference may modify or abrogate any such rule so reviewed found inconsistent in the course of such a review.". SEC. 403. RULES BY CERTAIN COURTS AND ORDERS BY CIRCUIT JUDICIAL COUNCILS AND THE JUDICIAL CONFERENCE. (a) RULES BY CERTAIN COURTS.—(1) Section 2071 is amended—

(A) by inserting "(a)" before "The"; (B) by striking out "by the Supreme Court" and inserting in lieu thereof "under section 2072 of this title"; and (C) by adding at the end the following: "(b) Any rule prescribed by a court, other than the Supreme Court, under subsection (a) shall be prescribed only after giving appropriate public notice and an opportunity for comment. Such rule shall take effect upon the date specified by the prescribing court and shall have such effect on pending proceedings as the prescribing court may order.

�