NDO Fairness Act of 2025
Latest action · Sep 14, 2026 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.
- IntroducedNov 17, 2025
- Passed HouseAug 31, 2026
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
NDO Fairness Act
This bill increases the requirements the government must meet to obtain a nondisclosure order (NDO) under the Stored Communications Act (SCA).
The SCA generally prohibits providers of remote computing services or electronic communication services (providers) from disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes the government seek a warrant, order, or subpoena to compel providers to disclose electronic communications or records or information pertaining to customers or subscribers during an investigation. Providers may notify customers and subscribers of the warrant, order, or subpoena unless the government obtains a court order—an NDO—that delays the notification.
This bill raises the standard the government must meet to obtain (or extend) an NDO. The bill also requires the court, before issuing an NDO, to issue a written determination that the standard was met based on specific and articulable facts, and to review the underlying warrant, order, or subpoena.
The bill requires NDOs to be narrowly tailored. It also limits their duration to 90 days for most investigations, though it permits a duration of up to one year for investigations pertaining to an offense involving child pornography or sexual exploitation of children.
Finally, the bill requires the Department of Justice to report annually on data related to NDOs, including the number of customers or subscribers targeted; applications for orders; orders granted, extended, or denied; and orders targeting members of the media or conduct related to certain protected activities.
Cosponsors 1
Members who signed on, in the order they did. All signed on Nov 17, 2025.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Jerrold Nadler | Original | Nov 17, 2025 |
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 Nov 17, 2025Markup Nov 18, 2025Markup Nov 20, 2025 |
| Senate | Judiciary Committee | Referred Sep 14, 2026 |
Actions 11
Everything that happened, newest first.
- Sep 14, 2026Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Aug 31, 2026Considered under suspension of the rules. (consideration: CR H5266-5268)
- Aug 31, 2026Mr. Fitzgerald moved to suspend the rules and pass the bill, as amended.
- Aug 31, 2026DEBATE - The House proceeded with forty minutes of debate on H.R. 6048.
- Aug 31, 2026Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5266-5267)
- Aug 31, 2026Motion to reconsider laid on the table Agreed to without objection.
- Nov 20, 2025Committee Consideration and Mark-up Session Held
- Nov 20, 2025Ordered to be Reported (Amended) by Voice Vote.
- Nov 18, 2025Committee Consideration and Mark-up Session Held
- Nov 17, 2025Introduced in House
- Nov 17, 2025Referred 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 H5266–H5268Text printed H5266 | Jamie Raskin D-MD, Scott Fitzgerald R-WI | Aug 31, 2026 |
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.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 171, no. 193, November 17, 2025, page H4705.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 3663 | NDO Fairness Act of 2026 | Related bill | Jan 15, 2026 |
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 Passed House
- NDO Fairness Act of 2025
- Short Titles from RFS (Referred to Senate) bill text
- NDO Fairness Act of 2025
- Official Title from EH (Engrossed in House) bill text
- To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes.
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 3
Each version as it was printed, newest first.
- Sep 14, 2026Referred in Senate
- Aug 31, 2026Engrossed in House
- Nov 17, 2025Introduced 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.
