HR 7072 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NDO Fairness Act’’. 
SEC. 2. DELAY OF NOTIFICATION. 
Section 2705(a) of title 18, United States Code, is 
amended to read as follows: 
‘‘(a) DELAY OF NOTIFICATION.— 
‘‘(1) APPLICATION.—A governmental entity 
that is seeking a warrant, order, or subpoena under 
section 2703 may include in the application (or mo-
tion in the case of an administrative subpoena au-
thorized by a Federal or State statute or a Federal 
or State grand jury or trial subpoena) a request to 
a court of competent jurisdiction for an order delay-
ing the notification under section 2703 for a period 
of not more than 60 days. 
‘‘(2) DETERMINATION.—The court may not 
grant a request for delayed notification to a cus-
tomer or subscriber made under paragraph (1), or 
an extension of such delayed notification requested 
by the governmental entity pursuant to paragraph 
(3), unless the court issues a written determination, 
based on specific and articulable facts, and including 
written findings of fact and conclusions of law, that 
it is substantially likely that the notification of the 
customer or subscriber of the existence of the war-
rant, order, or subpoena will result in— 
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‘‘(A) endangering the life or physical safety 
of an individual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an 
investigation or unduly delaying a trial. 
‘‘(3) EXTENSION.—The governmental entity 
may request one or more extensions of the delay of 
notification granted under paragraph (2) for a pe-
riod of not more than 60 days for each such exten-
sion. The court may only grant such an extension if 
the court makes a written determination required 
under paragraph (2) and the extension is in accord-
ance with the requirements of such paragraph. 
‘‘(4) EXPIRATION
OF
DELAY
OF
NOTIFICA-
TION.—Upon expiration of the period of delay of no-
tification and all extensions thereof under para-
graphs (2) and (3) of this subsection, the govern-
mental entity shall deliver to the customer or sub-
scriber by at least 2 methods, which shall be per-
sonal service, registered or first-class mail, electronic 
mail, or other means approved by the court, as rea-
sonably calculated to reach the customer or sub-
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scriber within 72 hours of the expiration of the 
delay— 
‘‘(A) a copy of the warrant, order, or sub-
poena; and 
‘‘(B) notice that informs such customer or 
subscriber— 
‘‘(i) of the nature of the inquiry made 
by the governmental entity, with reason-
able specificity; 
‘‘(ii) that information maintained for 
such customer or subscriber by the pro-
vider of electronic communications service 
or remote computing service to which the 
warrant, order, or subpoena under section 
2703 was directed, was supplied to or re-
quested by the governmental entity; 
‘‘(iii) that notification of such cus-
tomer or subscriber was delayed by court 
order; 
‘‘(iv) the identity of the court that 
issued such order; 
‘‘(v) the provision of law under which 
the order delaying notification was author-
ized; and 
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‘‘(vi) that the governmental entity 
will, upon request by the customer or sub-
scriber made within 180 days after receiv-
ing notification under this paragraph, pro-
vide the customer or subscriber with a 
copy of the information that was disclosed 
in response to the warrant, order, or sub-
poena, or in the event that no information 
was disclosed, a written certification that 
no information was disclosed. 
‘‘(5) COPY
OF
INFORMATION
DISCLOSED.— 
Upon expiration of the period of delay of notification 
under paragraph (2) or (3) of this subsection, and 
at the request of the customer or subscriber made 
within 180 days of receiving notification under para-
graph (4), the governmental entity shall promptly 
provide the customer or subscriber— 
‘‘(A) with a description of the information 
disclosed and a copy of the information that 
was disclosed in response to the warrant, order, 
or subpoena; or 
‘‘(B) in the event that no information was 
disclosed, with a written certification that no in-
formation was disclosed.’’. 
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SEC. 3. PRECLUSION OF NOTICE. 
Section 2705(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) PRECLUSION OF NOTICE.— 
‘‘(1) APPLICATION.—A governmental entity 
that is seeking a warrant, order, or subpoena under 
section 2703, when it is not required to notify the 
customer or subscriber, or to the extent that it may 
delay such notice pursuant to subsection (a), may 
apply to a court for an order, subject to paragraph 
(6), directing a provider of electronic communica-
tions service or remote computing service to which a 
warrant, order, or subpoena under section 2703 is 
directed not to notify any other person of the exist-
ence of the warrant, order, or subpoena for a period 
of not more than either 60 days or the period of 
delay of notice provided under subsection (a), if any. 
‘‘(2) DETERMINATION.—The court may not 
grant a request for an order made under paragraph 
(1), or an extension of such order requested by the 
governmental entity pursuant to paragraph (3), un-
less— 
‘‘(A) the court issues a written determina-
tion, based on specific and articulable facts, and 
including written findings of fact and conclu-
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sions of law, that it is substantially likely that 
not granting the request will result in— 
‘‘(i) endangering the life or physical 
safety of an individual; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously jeopardizing 
an investigation or unduly delaying a trial; 
and 
‘‘(B) the order is narrowly tailored and 
there is no less restrictive alternative, including 
notification to an individual or organization 
within or providing legal representation to the 
customer or subscriber, to avoid an adverse re-
sult as described in clause (i) through (v) of 
subparagraph (A). 
‘‘(3) EXTENSION.—A governmental entity may 
request one or more extensions of an order granted 
under paragraph (2) of not more than 60 days for 
each such extension. The court may only grant such 
an extension if the court makes a written determina-
tion required under paragraph (2)(A) and the exten-
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