H.R. 6048

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6048 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6048

To amend title 18, United States Code, to modify delayed notice 
requirements, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 17, 2025

Mr. Fitzgerald (for himself and Mr. Nadler) introduced the following 
bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to modify delayed notice 
requirements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``NDO Fairness Act''.

SEC. 2. PRECLUSION OF NOTICE.

(a) In General.--Section 2705(b) of title 18, United States Code, 
is amended to read as follows:
``(b) Preclusion of Notice.--
``(1) Application.--
``(A) In general.--A governmental entity that is 
seeking a warrant, order, or subpoena under section 
2703, when it is not required to notify the customer or 
subscriber, or to the extent that it may delay such 
notice pursuant to subsection (a), may apply to a court 
for an order, subject to paragraph (6), directing a 
provider of electronic communications service or remote 
computing service to which a warrant, order, or 
subpoena under section 2703 is directed not to notify 
any other person of the existence of the warrant, 
order, or subpoena.
``(B) Length.--An order granted under subparagraph 
(A) shall be in effect--
``(i) for a period of not more than one 
year if the governmental entity notifies the 
court of a material change in circumstances, as 
set forth in paragraph (4), if the nature of 
the offense pertains to child pornography, as 
defined in section 2256, or sexual exploitation 
of children, as described in section 2251, or 
any Federal, including military, State, or 
tribal offense that is the substantial 
equivalent; or
``(ii) for a period of not more than 90 
days for all other investigations.
``(C) Other requirements.--
``(i) In general.--A application for an 
order under subparagraph (A) shall state, to 
the best of the applicant's knowledge, whether 
the named customer or subscriber whose 
information is sought by the warrant, order, or 
subpoena under section 2703--
``(I) is aware of the warrant, 
order, subpoena, or underlying 
investigation; and
``(II) is suspected of involvement 
in the commission of the crime under 
investigation.
``(ii) Orders.--An order granted under this 
paragraph may not direct, or otherwise require, 
a provider of electronic communications service 
or remote computing service to provide 
notification of the expiration of order to the 
court or government entity that sought the 
order.
``(2) Determination.--
``(A) In general.--The court may not grant a 
request for an order made under paragraph (1), or an 
extension of such order requested by the governmental 
entity pursuant to paragraph (3), unless--
``(i) the court issues a written 
determination, based on specific and 
articulable facts, and including written 
findings of fact and conclusions of law, that 
it is likely that not granting the request will 
result in--
``(I) endangering the life or 
physical safety of an individual;
``(II) flight from prosecution;
``(III) destruction of or tampering 
with evidence;
``(IV) intimidation of potential 
witnesses; or
``(V) otherwise seriously 
jeopardizing an investigation or unduly 
delaying a trial; and
``(ii) the order is narrowly tailored and 
there is no less restrictive alternative, 
including notification to an individual or 
organization within or providing legal 
representation to the named customer or 
subscriber, that is not likely to result in an 
adverse result as described in subclauses (I) 
through (V) of subparagraph (A)(i); and
``(iii) the court has reviewed the 
individual warrant, order, or subpoena under 
section 2703 to which the order issued under 
this paragraph applies.
``(B) Nature of the offense.--
``(i) In general.--Subject to clause (ii), 
the court may consider the nature of the 
offense in issuing a determination under 
subparagraph (A).
``(ii) Presumption.--If the court 
determines there is a reasonable belief the 
nature of the offense pertains to child 
pornography, as defined in section 2256, or 
sexual exploitation of children, as described 
in section 2251, or any Federal, including 
military, State, or tribal offense that is the 
substantial equivalent, the court may presume 
that one or more of the adverse results 
described in subclauses (I) through (V) of 
subparagraph (A)(i) are met and may issue an 
order consistent with this subsection without a 
written decision under subparagraph (A)(i).
``(3) Extension.--A governmental entity may request one or 
more extensions of an order granted under paragraph (2) of not 
more than 90 days for each such extension. The court may only 
grant such an extension if the court makes a written 
determination required under paragraph (2)(A).
``(4) Notification of changed circumstances.--If the need 
for the order issued under paragraph (2) changes materially, 
the governmental entity that requested the order shall notify 
the court within a reasonable period of time (not to exceed 14 
days) of the changed circumstances, and the court shall 
reassess the order and modify or vacate as appropriate.
``(5) Opportunity to be heard.--
``(A) In general.--Upon an application, petition, 
or motion by a provider of electronic communications 
service or remote computing service or person acting on 
behalf of the provider to which an order under 
paragraph (2) (or an extension under paragraph (3)) has 
been issued, the court may modify or vacate the order 
if--
``(i) the order does not meet requirements 
provided in paragraph (2) or (3); or
``(ii) compliance with the order is 
unreasonable or otherwise unlawful.
``(B) Stay of disclosure of named customer or 
subscriber communications or records.--A provider's 
obligation to disclose the information requested in the 
warrant, order, or subpoena to which the order in 
paragraph (1) applies is stayed upon the filing of the 
application, petition, or motion under this paragraph 
pending resolution of the application, petition, or 
motion, unless the court with jurisdiction over the 
challenge determines based on a showing by the 
governmental entity that the stay should be lifted in 
whole or in part prior to resolution.
``(C) Finality of order.--The decision of the court 
resolving an application, petition, or motion under 
this paragraph shall constitute a final, appealable 
order.
``(6) Exception.--A provider of electronic communications 
service or remote computing service to which an order under 
paragraph (2) applies, or an officer, employee, or agent 
thereof, may disclose information otherwise subject to any 
applicable nondisclosure requirement to--
``(A) those persons to whom disclosure is necessary 
in order to comply with the warrant, order, or 
subpoena;
``(B) an attorney in order to obtain legal advice 
or assistance regarding the order issued under 
paragraph (2) or the warrant, order, or subpoena to 
which the order applies; and
``(C) any person the court determines can be 
notified of the warrant, order, or subpoena.
``(7) Scope of nondisclosure.--Any person to whom 
disclosure is made under paragraph (6) (other than the 
governmental entity) shall be subject to the nondisclosure 
requirements applicable to the person to whom the order is 
issued. Any recipient authorized under this subsection to 
disclose to a person information otherwise subject to a 
nondisclosure requirement shall notify the person of the 
applicable nondisclosure requirement.
``(8) Supporting documentation.--Upon serving a provider of 
electronic communications service or remote computing service 
with an order granted under paragraph (2), or an extension of 
such order granted under paragraph (3), the governmental entity 
shall include a copy of the warrant, order, or subpoena to 
which the nondisclosure order applies.
``(9) Expiration of order precluding notice.--Upon 
expiration of an order issued under paragraph (2) or, if an 
extension has been granted under paragraph (3), expiration of 
the extension, the governmental entity shall deliver to the 
named customer or subscriber, by at least 2 methods, which 
shall be personal service, registered or first-class mail, 
electronic mail, or other means approved by the court as 
reasonably calculated to reach the named customer or subscriber 
within 5 business days of the expiration of the order--
``(A) a copy of the warrant, order, or subpoena; 
and
``(B) notice that informs the named customer or 
subscriber--
``(i) of the nature of the law enforcement 
inquiry with reasonable specificity;
``(ii) that information maintained for such 
customer or subscriber by the provider of 
electronic communications service or remote 
computing service to which the warrant, order, 
or subpoena under section 2703, was directed 
was supplied to or requested by the government 
entity;
``(iii) that notification of such customer 
or subscriber was precluded by court order;
``(iv) of the identity of the court 
authorizing the preclusion of notice;
``(v) of the provision of this chapter 
under which the preclusion of notice was 
authorized; and
``(vi) that the government will, upon 
request by the customer or subscriber made 
within 180 days after receiving notification 
under this paragraph, provide the named 
customer or subscriber with a copy of the 
information that was disclosed in response to 
the warrant, order, or subpoena, or in the 
event that no information was disclosed, a 
written certification that no information was 
disclosed.
``(10) Copy of information disclosed.--Upon expiration of 
the order precluding notice issued under paragraph (2) or (3) 
of this subsection, and at the request of the named customer or 
subscriber made within 180 days of receiving notification under 
paragraph (9), the governmental entity shall promptly provide 
the named customer or subscriber--
``(A) with a copy of the information that was 
disclosed in response to the warrant, order, or 
subpoena except--
``(i) illicit records;
``(ii) records or materials pertaining to 
child pornography, as defined in section 2256, 
or sexual exploitation of children, as 
described in section 2251, or any Federal, 
including military, State, or tribal offense 
that is the substantial equivalent; or
``(iii) other illegal material; or
``(B) in the event that no information was 
disclosed, a written certification that no information 
was disclosed.
``(11) Redactions.--Any information disclosed pursuant to 
paragraphs (9) and (10) may be redacted only if a court finds 
such redactions necessary to preserve the secrecy or integrity 
of an investigation.''.
(b) Additional Provisions Regarding Delayed Notice.--Section 2705 
of title 18, United States Code, is amended by adding at the end the 
following:
``(c) Annual Report.--
``(1) In general.--On an annual basis, the Attorney General 
shall provide to the Committee on the Judiciary of the House of 
Representatives, the Committee on the Judiciary of the Senate, 
and the Director of the Administrative Office of the United 
States Courts, which the Attorney General shall publish on the 
website of the Department of Justice, in a manner consistent 
with protection of national security, a report setting forth 
with respect to the preceding calendar year, for each Federal 
judicial district--
``(A) the number of named customers or subscribers 
with respect to whom, in that calendar year, a warrant, 
subpoena, or court order was issued pursuant to section 
2703;
``(B) the aggregate number of applications 
requesting delay of notification pursuant to subsection 
(a)(1), preclusion of notice pursuant to subsection 
(b)(1), and extensions pursuant to subsection (b)(3);
``(C) the aggregate number of orders under this 
section either granting, extending, or denying a 
request for delay of notification or preclusion of 
notice;
``(D) the aggregate number of orders under this 
section affecting a member of the news media, including 
any conduct related to activities protected under the 
First Amendment; and
``(E) the aggregate number of arrests, trials, and 
convictions, resulting from investigations in which 
orders under this section were obtained, including the 
offenses for which individuals were arrested, tried, or 
convicted.
``(2) Process.--The Attorney General shall include in the 
report under this subsection a description of the process and 
the information used to determine the numbers for each of 
subparagraphs (A) through (E) or paragraph (1).''.
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