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118th Congress Crime and Law Enforcement

H.R. 3089: NDO Fairness Act

Passed HouseMay 15, 2023

  1. Introduced (completed)May 5, 2023
  2. Passed House (completed)May 15, 2023, 412–0
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in House, May 5, 2023

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

Read the full summary
  • 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.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, May 15, 2023

On Motion to Suspend the Rules and Pass

Passed 412–0

Yea 412two-thirds 275Nay 0

  • Democrats200 yea, 0 nay
  • Republicans211 yea, 0 nay
  • Independents1 yea, 0 nay
See how all 412 members voted

Showing 435 of 435 members

Yea 412

Republicans (211)

Democrats (200)

Independents (1)

Not voting 23

Senate

Not yet voted

Passed the House May 15, 2023. Awaiting Senate action.

Roll calls

1 vote on this bill

Showing 1 of 1 roll calls

  • May 15, 2023HouseOn Motion to Suspend the Rules and PassFinal passagePassed, yea-nay 412–0
    Roll call 213 tally by party
    PartyYeaNayPresentNot voting
    Democrats2000013
    Republicans2110010
    Independents1000
    Total4120023

    House roll call 213: On Motion to Suspend the Rules and Pass. Passed.

    How each member voted (435)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

1

Bipartisan support.

Who scored on this bill

60 points earned
  1. 1Scott Fitzgerald R-WI SponsorDrew cross-party cosponsors, introduced, reported, passed House4 events+56
  2. 2Jerrold Nadler D-NYCosponsored; cosponsored bill passed2 events+4
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Scott Fitzgerald

History

  1. May 15, 2023Passed the House, 412–0.
  2. May 5, 2023Introduced in the House by Scott Fitzgerald.
Show the full action history (16 actions)
  1. May 16, 2023Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. May 15, 2023Reported by the Committee on Judiciary. H. Rept. 118-54.
  3. May 15, 2023Placed on the Union Calendar, Calendar No. 37.
  4. May 15, 2023Mr. Fitzgerald moved to suspend the rules and pass the bill.
  5. May 15, 2023Considered under suspension of the rules. (consideration: CR H2321-2323)
  6. May 15, 2023DEBATE - The House proceeded with forty minutes of debate on H.R. 3089.
  7. May 15, 2023DEBATE - The House resumed debate on H. R. 3089.
  8. 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.
  9. May 15, 2023Considered as unfinished business. (consideration: CR H2330)
  10. 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)
  11. May 15, 2023On 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)
  12. May 15, 2023Motion to reconsider laid on the table Agreed to without objection.
  13. May 10, 2023Committee Consideration and Mark-up Session Held.
  14. May 10, 2023Ordered to be Reported by Voice Vote.
  15. May 5, 2023Introduced in House
  16. May 5, 2023Referred to the House Committee on the Judiciary.