NDO Fairness Act
Latest action · May 16, 2023 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 5, 2023
- Passed HouseMay 15, 2023
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
NDO Fairness Act
This bill makes various changes to the procedures and requirements with respect to delayed notification orders.
Current law authorizes the government to compel providers of electronic communication services or remote computing services (providers) to disclose certain records and information pertaining to subscribers and customers. Further, a provider may notify subscribers or customers of the government's request for records and information unless the government obtains a delayed notification order.
With respect to delayed notification orders, the bill
- raises the standard for courts to grant a delayed notification order,
- requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, and
- requires orders to be narrowly tailored.
Finally, the bill requires the Department of Justice to report annually on data related to delayed notification orders, including the number of customers or subscribers targeted; the number of applications for orders; the number of orders granted, extended, or denied; and the number of orders targeting members of the media or conduct related to certain protected activities.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 213 | On Motion to Suspend the Rules and Pass | Passed412–0 | May 15, 2023 |
Cosponsors 1
Members who signed on, in the order they did. All signed on May 5, 2023.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Jerrold Nadler | Original | May 5, 2023 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred May 5, 2023Markup May 10, 2023Reported May 15, 2023 |
| Senate | Judiciary Committee | Referred May 16, 2023 |
Actions 15
Everything that happened, newest first.
- May 16, 2023Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- May 15, 2023Reported by the Committee on Judiciary. H. Rept. 118-54.
- May 15, 2023Placed on the Union Calendar, Calendar No. 37.
- May 15, 2023Mr. Fitzgerald moved to suspend the rules and pass the bill.
- May 15, 2023Considered under suspension of the rules. (consideration: CR H2321-2323)
- May 15, 2023DEBATE - The House proceeded with forty minutes of debate on H.R. 3089.
- May 15, 2023DEBATE - The House resumed debate on H. R. 3089.
- May 15, 2023At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- May 15, 2023Considered as unfinished business. (consideration: CR H2330)
- May 15, 2023Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 213). (text: CR H2321-2322)
- May 15, 2023Motion to reconsider laid on the table Agreed to without objection.
- May 10, 2023Committee Consideration and Mark-up Session Held.
- May 10, 2023Ordered to be Reported by Voice Vote.
- May 5, 2023Introduced in House
- May 5, 2023Referred to the House Committee on the Judiciary.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H2321–H2323Text printed H2321Recorded votes H2330enact | Scott Fitzgerald R-WI, Sheila Jackson Lee D-TX | May 15, 2023 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 77, May 5, 2023, page H2137.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 4037 | NDO Fairness Act | Related bill | Mar 21, 2024 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes.
- Short Title(s) as Introduced
- NDO Fairness Act
- Short Title(s) as Reported to House
- NDO Fairness Act
- Short Title(s) as Passed House
- NDO Fairness Act
- Short Titles from RFS (Referred to Senate) bill text
- NDO Fairness Act
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Business records
- Computers and information technology
- Congressional oversight
- Consumer affairs
- Crime and Law Enforcement
- Criminal investigation, prosecution, interrogation
- Internet, web applications, social media
- Judicial procedure and administration
- Right of privacy
- Telephone and wireless communication
Text 4
Each version as it was printed, newest first.
- May 16, 2023Referred in Senate
- May 15, 2023Engrossed in House
- May 15, 2023Reported in House
- May 5, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
