{"format":1,"id":"117-hr-546","congress":117,"number":"H.R. 546","kind":"bill","group":"bills","title":"Effective Assistance of Counsel in the Digital Era Act","title_source":"Short Title(s) as Passed House","official_title":"To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Effective Assistance of Counsel in the Digital Era Act"},{"type":"Display Title","title":"Effective Assistance of Counsel in the Digital Era Act"},{"type":"Short Title(s) as Introduced","title":"Effective Assistance of Counsel in the Digital Era Act"},{"type":"Short Title(s) as Passed House","title":"Effective Assistance of Counsel in the Digital Era Act"}],"outcome":"passed_house","law_number":null,"introduced":"2021-01-28","chambers":{"house":{"status":"roll_call","date":"2021-02-24","vote":{"id":"117-2021-h36","question":"On Motion to Suspend the Rules and Pass","title":"Effective Assistance of Counsel in the Digital Era Act","result":"Passed","yea":414,"nay":11,"present":0,"not_voting":6,"source":"https://clerk.house.gov/evs/2021/roll036.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on the Judiciary.","date":"2021-02-25"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2021-02-24","stage":"Passed House","blocks":[{"k":"h","t":"Effective Assistance of Counsel in the Digital Era Act"},{"k":"p","t":"This bill prohibits the Department of Justice from monitoring the contents of a privileged electronic communication between an incarcerated person and his or her legal representative."}],"words":35},"summary":{"main_subject":{"text":"Requires the Attorney General to set up or modify the electronic communication systems used by incarcerated people in Bureau of Prisons custody so that the contents of privileged communications with attorneys and legal representatives are not monitored.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}]},"core_areas":["Monitoring of privileged electronic communications between incarcerated people and their attorneys","Retention of and access to the contents of incarcerated people's electronic communications"],"what_it_does":[{"text":"Requires the Attorney General, not later than 180 days after enactment, to create or modify a program or system so that the contents of any privileged electronic communication are excluded from monitoring.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}},{"text":"Allows the Bureau of Prisons to retain the contents of an incarcerated person's electronic communications, including privileged ones, and allows that person to access them until the person is released from prison.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}},{"text":"Provides that attorney-client privilege, including its crime fraud exception, applies to electronic communications sent or received through the program or system created or modified under the Act.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}},{"text":"Permits an investigative or law enforcement officer to access retained contents only under a court-issued warrant, and bars a warrant application without the express approval of a United States Attorney or an Assistant Attorney General.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}},{"text":"Requires a United States Attorney to review retained contents before warrant access to ensure privileged communications are not accessible, and bars that attorney from taking part in related proceedings against a sender or recipient or from sharing the contents with an attorney in those proceedings.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}},{"text":"Allows the Attorney General to access retained contents only as necessary to create and maintain the system, without reviewing them, and allows a court to suppress evidence obtained from access that violates these limits when a defendant moves for it.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh#HD1C0995A51724985BBE7B0DBFFF08DC4"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2021-02-24","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/546/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/546","text":"https://www.congress.gov/bill/117th-congress/house-bill/546/text"},"card":{"image":"card/item/117-hr-546.png","v":"bf546a38753f","alt":"Votes on Record. H.R. 546, 117th Congress: Effective Assistance of Counsel in the Digital Era Act. House: 414 Yea, 11 Nay. Outcome: Passed House, 24 Feb 2021."}}