119th Congress Crime and Law Enforcement
H.R. 6048: NDO Fairness Act of 2025
NDO Fairness Act
Passed House
- Introduced (completed)
- Passed House (completed)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not 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.
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Jerrold Nadler D-NYOriginal
Who scored on this bill
- 1Scott Fitzgerald SponsorDrew cross-party cosponsors, introduced, marked up, passed House4 events+48
- 2Jerrold NadlerCosponsored; cosponsored bill passed2 events+4
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Introductions and cosponsorships count toward weekly caps and show no points.
Other bills by Scott Fitzgerald
- H.R. 9385: PROTECT USA Act of 2026
- H.R. 6260: Keeping Violent Offenders Off Our Streets Act of 2025
- H.R. 5877: Combatting Money Laundering in Cyber Crime Act of 2025
- H.R. 6570: Merger Agreement Approvals Clarity and Predictability Act
- H.R. 2189: Law-Enforcement Innovate to De-Escalate Act
- H.R. 5262: Bank Competition Modernization Act
History
- Passed the House by voice vote.
- Introduced in the House by Scott Fitzgerald.
Show the full action history (14 actions)
- Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Considered under suspension of the rules. (consideration: CR H5266-5268)
- On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5266-5267)
- Mr. Fitzgerald moved to suspend the rules and pass the bill, as amended.
- Considered under suspension of the rules.
- DEBATE - The House proceeded with forty minutes of debate on H.R. 6048.
- Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- Motion to reconsider laid on the table Agreed to without objection.
- Committee Consideration and Mark-up Session Held
- Ordered to be Reported (Amended) by Voice Vote.
- Committee Consideration and Mark-up Session Held
- Introduced in House
- Referred to the House Committee on the Judiciary.