I 
119TH CONGRESS 
1ST SESSION H. R. 6048 
To amend title 18, United States Code, to modify delayed notice requirements, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2025 
Mr. FITZGERALD (for himself and Mr. NADLER) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to modify delayed 
notice requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NDO Fairness Act’’. 
SEC. 2. PRECLUSION OF NOTICE. 
(a) IN GENERAL.—Section 2705(b) of title 18, 
United States Code, is amended to read as follows: 
‘‘(b) PRECLUSION OF NOTICE.— 
‘‘(1) APPLICATION.— 
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‘‘(A) IN GENERAL.—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 ex-
tent that it may delay such notice pursuant to 
subsection (a), may apply to a court for an 
order, subject to paragraph (6), directing a pro-
vider of electronic communications service or re-
mote computing service to which a warrant, 
order, or subpoena under section 2703 is di-
rected not to notify any other person of the ex-
istence of the warrant, order, or subpoena. 
‘‘(B) LENGTH.—An order granted under 
subparagraph (A) shall be in effect— 
‘‘(i) for a period of not more than one 
year if the governmental entity notifies the 
court of a material change in cir-
cumstances, as set forth in paragraph (4), 
if the nature of the offense pertains to 
child pornography, as defined in section 
2256, or sexual exploitation of children, as 
described in section 2251, or any Federal, 
including military, State, or tribal offense 
that is the substantial equivalent; or 
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‘‘(ii) for a period of not more than 90 
days for all other investigations. 
‘‘(C) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A application for 
an order under subparagraph (A) shall 
state, to the best of the applicant’s knowl-
edge, whether the named customer or sub-
scriber whose information is sought by the 
warrant, order, or subpoena under section 
2703— 
‘‘(I) is aware of the warrant, 
order, subpoena, or underlying inves-
tigation; and 
‘‘(II) is suspected of involvement 
in the commission of the crime under 
investigation. 
‘‘(ii) ORDERS.—An order granted 
under this paragraph may not direct, or 
otherwise require, a provider of electronic 
communications service or remote com-
puting service to provide notification of the 
expiration of order to the court or govern-
ment entity that sought the order. 
‘‘(2) DETERMINATION.— 
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‘‘(A) IN
GENERAL.—The court may not 
grant a request for an order made under para-
graph (1), or an extension of such order re-
quested by the governmental entity pursuant to 
paragraph (3), unless— 
‘‘(i) the court issues a written deter-
mination, based on specific and articulable 
facts, and including written findings of 
fact and conclusions of law, that it is likely 
that not granting the request will result 
in— 
‘‘(I) endangering the life or phys-
ical safety of an individual; 
‘‘(II) flight from prosecution; 
‘‘(III) destruction of or tam-
pering with evidence; 
‘‘(IV) intimidation of potential 
witnesses; or 
‘‘(V) otherwise seriously jeopard-
izing an investigation or unduly delay-
ing a trial; and 
‘‘(ii) the order is narrowly tailored 
and there is no less restrictive alternative, 
including notification to an individual or 
organization within or providing legal rep-
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