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119th Congress
Independent · Nonpartisan · Reader-supported
HOUSEH.R. 6048· 119th Congress

NDO Fairness Act Raises Standards for Government Secrecy Orders on Customer Data

NDO Fairness Act of 2025

Sponsor
Scott Fitzgerald (R-WI)
Introduced
Nov 17, 2025
Last Action
Sep 14, 2026

Recorded legislative actions. Future votes are not implied.

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Introduced
Nov 17, 2025
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In Committee
Nov 17, 2025
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Passed Committee
Nov 20, 2025
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Passed House
Aug 31, 2026
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Received in Senate
Sep 14, 2026

AI-assisted analysis based on the official CRS summary. Source version: Jan 29, 2026. Analysis updated: Sep 17, 2026.

01 — The Text

What.

  • The bill increases the legal standard the government must meet to obtain or extend a nondisclosure order (NDO) that prevents electronic communications providers from notifying customers about government demands for their data.
  • Courts must issue a written determination based on specific and articulable facts before approving an NDO and must review the underlying warrant, order, or subpoena.
  • NDOs must be narrowly tailored and are generally limited to 90 days, except investigations involving child pornography or sexual exploitation of children may receive NDOs up to one year.
  • The Department of Justice must report annually on NDO data, including the number of customers targeted, applications filed, orders granted or denied, and orders affecting media members or protected activities.
02 — The Stakes

So what?

  • The bill makes it harder for law enforcement to delay customer notification of government data requests by raising the approval standard and requiring judicial review.
  • The 90-day limit and narrowly tailored requirement restrict how long and broadly NDOs can apply in most cases.
  • Annual DOJ reporting creates documented accountability on NDO usage, though the summary does not specify enforcement mechanisms for non-compliance.
03 — The Path

Now what?

  • The House passed the bill by voice vote on August 31, 2026, under suspension of the rules.
  • The Senate received the bill and referred it to the Committee on the Judiciary on September 14, 2026.
  • No further action is documented in the provided record.
Legislative History

Actions.

  • Sep 14, 2026 — Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • Aug 31, 2026 — Motion to reconsider laid on the table Agreed to without objection.
  • Aug 31, 2026 — On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5266-5267)
  • Aug 31, 2026 — Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  • Aug 31, 2026 — DEBATE - The House proceeded with forty minutes of debate on H.R. 6048.
  • Aug 31, 2026 — Considered under suspension of the rules. (consideration: CR H5266-5268)
  • Aug 31, 2026 — Mr. Fitzgerald moved to suspend the rules and pass the bill, as amended.
  • Nov 20, 2025 — Ordered to be Reported (Amended) by Voice Vote.