NDO Fairness Act of 2025
Bill journey · stage 2 of 5
Under committee review
What it doesSummary introduced in house (Nov 17, 2025)
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.
What just happenedSep 14, 2026
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Who’s behind it
- Referred in SenateSep 14, 2026
- Engrossed in HouseAug 31, 2026
- Introduced in HouseNov 17, 2025
- Sep 14, 2026IntroReferral
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Judiciary Committee - Aug 31, 2026FloorH38310
Motion to reconsider laid on the table Agreed to without objection.
- Aug 31, 2026FloorH37300
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5266-5267)
- Aug 31, 2026Floor8000
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- Aug 31, 2026FloorH8D000
DEBATE - The House proceeded with forty minutes of debate on H.R. 6048.
- Aug 31, 2026FloorH30000
Considered under suspension of the rules. (consideration: CR H5266-5268)
- Aug 31, 2026FloorH30300
Mr. Fitzgerald moved to suspend the rules and pass the bill, as amended.
- Nov 20, 2025Committee
Ordered to be Reported (Amended) by Voice Vote.
Judiciary Committee - Nov 20, 2025Committee
Committee Consideration and Mark-up Session Held
Judiciary Committee - Nov 18, 2025Committee
Committee Consideration and Mark-up Session Held
Judiciary Committee - Nov 17, 2025IntroReferralH11100
Referred to the House Committee on the Judiciary.
Judiciary Committee - Nov 17, 2025IntroReferralIntro-H
Introduced in House
- Nov 17, 2025IntroReferral1000
Introduced in House