{"format":1,"id":"118-hr-3089","congress":118,"number":"H.R. 3089","kind":"bill","group":"bills","title":"NDO Fairness Act","title_source":"Short Title(s) as Passed House","official_title":"To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes."},{"type":"Display Title","title":"NDO Fairness Act"},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"NDO Fairness Act"},{"type":"Short Title(s) as Introduced","title":"NDO Fairness Act"},{"type":"Short Title(s) as Reported to House","title":"NDO Fairness Act"},{"type":"Short Title(s) as Passed House","title":"NDO Fairness Act"}],"outcome":"passed_house","law_number":null,"introduced":"2023-05-05","chambers":{"house":{"status":"roll_call","date":"2023-05-15","vote":{"id":"118-2023-h213","question":"On Motion to Suspend the Rules and Pass","title":"NDO Fairness Act","result":"Passed","yea":412,"nay":0,"present":0,"not_voting":23,"source":"https://clerk.house.gov/evs/2023/roll213.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on the Judiciary.","date":"2023-05-16"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2023-05-05","stage":"Introduced in House","blocks":[{"k":"h","t":"NDO Fairness Act"},{"k":"p","t":"This bill makes various changes to the procedures and requirements with respect to delayed notification orders."},{"k":"p","t":"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."},{"k":"p","t":"With respect to delayed notification orders, the bill"},{"k":"li","t":"raises the standard for courts to grant a delayed notification order,","d":1},{"k":"li","t":"requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, and","d":1},{"k":"li","t":"requires orders to be narrowly tailored.","d":1},{"k":"p","t":"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."}],"words":171},"summary":{"main_subject":{"text":"Rewrites the rules in title 18 of the United States Code for court orders that bar electronic communications and remote computing providers from telling anyone about a government warrant, order, or subpoena, and adds an annual reporting requirement on delayed-notice and nondisclosure orders.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"},{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#H567CA793BC3241FCA2406C82862AA6BB"}]},"core_areas":["Court orders barring providers from disclosing government demands for customer records","Notice to customers and subscribers after a nondisclosure order ends","Annual Attorney General reporting on delayed-notice and nondisclosure orders"],"what_it_does":[{"text":"Allows a governmental entity to apply to a court for an order directing a provider not to notify any other person of a warrant, order, or subpoena under section 2703, and limits each such order to 90 days.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"}},{"text":"Bars a court from granting an order or extension unless it issues a written determination, based on specific and articulable facts, that not granting it is likely to result in one of five listed adverse results.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"}},{"text":"Requires the order to be narrowly tailored with no less restrictive alternative, and requires the court to have reviewed the individual warrant, order, or subpoena the order applies to.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"}},{"text":"Lets a provider ask the court to modify or vacate an order, stays the provider's obligation to disclose the requested information while that request is pending, and makes the court's decision a final, appealable order.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"}},{"text":"Requires the governmental entity, within 5 business days after an order expires, to deliver a copy of the warrant, order, or subpoena and a notice with listed contents to the named customer or subscriber by at least 2 methods.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#HCFD06A350BFF4D1AB0E4F3A6A9A04144"}},{"text":"Requires the Attorney General to report each year to the House and Senate Judiciary Committees and the Director of the Administrative Office of the United States Courts, by Federal judicial district, on applications, orders, extensions, denials, orders affecting news media members, and resulting arrests, trials, and convictions.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh#H567CA793BC3241FCA2406C82862AA6BB"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2023-05-15","rule":"passed","href":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/3089","text":"https://www.congress.gov/bill/118th-congress/house-bill/3089/text"},"card":{"image":"card/item/118-hr-3089.png","v":"6699458a92da","alt":"Votes on Record. H.R. 3089, 118th Congress: NDO Fairness Act. House: 412 Yea, 0 Nay. Outcome: Passed House, 15 May 2023."}}