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NDO Fairness Act

USA119th CongressHR-6048| House 
| Updated: 11/20/2025
Scott Fitzgerald

Scott Fitzgerald

Republican Representative

Wisconsin

Cosponsors (1)
Jerrold Nadler (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "NDO Fairness Act" amends title 18, United States Code, to revise the requirements for governmental entities seeking to delay or preclude notice to individuals when obtaining their electronic communications or remote computing service data. This legislation aims to balance law enforcement needs with individual notification rights by establishing clearer rules for non-disclosure orders. It outlines the application process, duration limits, and judicial review standards for these orders. Under the bill, a governmental entity can apply for an order directing a service provider not to notify a customer or subscriber about a warrant, order, or subpoena. These non-disclosure orders are limited to a maximum of one year for investigations involving child pornography or sexual exploitation of children , provided there's a material change in circumstances. For all other investigations, the orders are limited to 90 days, with extensions possible under strict conditions. Courts may only grant or extend a non-disclosure order if they issue a written determination based on specific and articulable facts that not granting it would likely result in adverse outcomes, such as endangering safety, flight from prosecution, or evidence destruction. The order must be narrowly tailored, and courts must review the underlying warrant. However, for child pornography or sexual exploitation cases, courts may presume adverse results and issue an order without a full written decision. Service providers are granted an opportunity to challenge these orders in court. Upon the expiration of a non-disclosure order, the governmental entity is mandated to notify the affected customer or subscriber within five business days by at least two methods. This notification must include a copy of the warrant or subpoena and details about the law enforcement inquiry. Furthermore, customers can request a copy of the disclosed information within 180 days, with exceptions for illicit or child exploitation materials. The Attorney General is also required to submit an annual report to Congress detailing the aggregate number of non-disclosure order applications, grants, denials, those affecting news media, and resulting arrests or convictions.
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Timeline

Bill from Previous Congress

HR 117-7072
NDO Fairness Act

Bill from Previous Congress

HR 118-3089
NDO Fairness Act
Nov 17, 2025
Introduced in House
Nov 17, 2025
Referred to the House Committee on the Judiciary.
Nov 18, 2025
Committee Consideration and Mark-up Session Held
Nov 20, 2025
Committee Consideration and Mark-up Session Held
Nov 20, 2025
Ordered to be Reported (Amended) by Voice Vote.
Jan 15, 2026

Latest Companion Bill Action

S 119-3663
Introduced in Senate
  • Bill from Previous Congress

    HR 117-7072
    NDO Fairness Act


  • Bill from Previous Congress

    HR 118-3089
    NDO Fairness Act


  • November 17, 2025
    Introduced in House


  • November 17, 2025
    Referred to the House Committee on the Judiciary.


  • November 18, 2025
    Committee Consideration and Mark-up Session Held


  • November 20, 2025
    Committee Consideration and Mark-up Session Held


  • November 20, 2025
    Ordered to be Reported (Amended) by Voice Vote.


  • January 15, 2026

    Latest Companion Bill Action

    S 119-3663
    Introduced in Senate

Crime and Law Enforcement

Related Bills

  • S 119-3663: NDO Fairness Act of 2026
Business recordsComputers and information technologyCongressional oversightConsumer affairsCriminal investigation, prosecution, interrogationInternet, web applications, social mediaJudicial procedure and administrationRight of privacyTelephone and wireless communication

NDO Fairness Act

USA119th CongressHR-6048| House 
| Updated: 11/20/2025
The "NDO Fairness Act" amends title 18, United States Code, to revise the requirements for governmental entities seeking to delay or preclude notice to individuals when obtaining their electronic communications or remote computing service data. This legislation aims to balance law enforcement needs with individual notification rights by establishing clearer rules for non-disclosure orders. It outlines the application process, duration limits, and judicial review standards for these orders. Under the bill, a governmental entity can apply for an order directing a service provider not to notify a customer or subscriber about a warrant, order, or subpoena. These non-disclosure orders are limited to a maximum of one year for investigations involving child pornography or sexual exploitation of children , provided there's a material change in circumstances. For all other investigations, the orders are limited to 90 days, with extensions possible under strict conditions. Courts may only grant or extend a non-disclosure order if they issue a written determination based on specific and articulable facts that not granting it would likely result in adverse outcomes, such as endangering safety, flight from prosecution, or evidence destruction. The order must be narrowly tailored, and courts must review the underlying warrant. However, for child pornography or sexual exploitation cases, courts may presume adverse results and issue an order without a full written decision. Service providers are granted an opportunity to challenge these orders in court. Upon the expiration of a non-disclosure order, the governmental entity is mandated to notify the affected customer or subscriber within five business days by at least two methods. This notification must include a copy of the warrant or subpoena and details about the law enforcement inquiry. Furthermore, customers can request a copy of the disclosed information within 180 days, with exceptions for illicit or child exploitation materials. The Attorney General is also required to submit an annual report to Congress detailing the aggregate number of non-disclosure order applications, grants, denials, those affecting news media, and resulting arrests or convictions.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-7072
NDO Fairness Act

Bill from Previous Congress

HR 118-3089
NDO Fairness Act
Nov 17, 2025
Introduced in House
Nov 17, 2025
Referred to the House Committee on the Judiciary.
Nov 18, 2025
Committee Consideration and Mark-up Session Held
Nov 20, 2025
Committee Consideration and Mark-up Session Held
Nov 20, 2025
Ordered to be Reported (Amended) by Voice Vote.
Jan 15, 2026

Latest Companion Bill Action

S 119-3663
Introduced in Senate
  • Bill from Previous Congress

    HR 117-7072
    NDO Fairness Act


  • Bill from Previous Congress

    HR 118-3089
    NDO Fairness Act


  • November 17, 2025
    Introduced in House


  • November 17, 2025
    Referred to the House Committee on the Judiciary.


  • November 18, 2025
    Committee Consideration and Mark-up Session Held


  • November 20, 2025
    Committee Consideration and Mark-up Session Held


  • November 20, 2025
    Ordered to be Reported (Amended) by Voice Vote.


  • January 15, 2026

    Latest Companion Bill Action

    S 119-3663
    Introduced in Senate
Scott Fitzgerald

Scott Fitzgerald

Republican Representative

Wisconsin

Cosponsors (1)
Jerrold Nadler (Democratic)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • S 119-3663: NDO Fairness Act of 2026
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Business recordsComputers and information technologyCongressional oversightConsumer affairsCriminal investigation, prosecution, interrogationInternet, web applications, social mediaJudicial procedure and administrationRight of privacyTelephone and wireless communication