A Democratic bill with 3 Republican cosponsors · See all 5 cosponsors
Last activity — Read twice and referred to the Committee on the Judiciary.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
The NDO Fairness Act of 2026 aims to amend title 18 of the United States Code regarding delayed notice requirements. It establishes specific rules for when a government entity can request a court order to prevent a service provider from notifying a customer about a warrant, order, or subpoena. The bill sets different time limits for these orders based on the nature of the offense. It also mandates strict court requirements, including written determinations and narrow tailoring. Finally, it outlines the process for notifying individuals once an order expires and requires annual reporting from the Attorney General.
Yes
- Scored +6
Does this make what the government does easier for the public to see?
The bill requires the Attorney General to publish annual reports on the number of delayed notice orders and resulting legal actions.
- Scored +5
Does this protect people from being watched or searched?
The bill implements safeguards such as written judicial findings and time limits on how long a person can be denied notice of a warrant or subpoena.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
-
Increased Transparency through Reporting: The Attorney General must publish an annual report detailing the number of customers affected by these orders and the resulting arrests or convictions, which provides public oversight. (Section 2, subsection b, paragraph 1)
-
Mandatory Post-Investigation Notification: Once an order expires, the government is required to notify the individual using at least two specific methods, such as personal service or mail, within 5 business days. (Section s, subsection (a), paragraph 9)
-
Right to Information: Individuals can request, within 180 days of being notified, a copy of the information that was disclosed to the government, provided it is not illicit or related to specific crimes like child pornography. (Section 2, subsection (a), paragraph 10)
-
Judicial Safeguards against Broad Requests: A court cannot grant a request unless it issues a written determination proving that not granting it would result in specific harms, such as destruction of evidence or flight from prosecution. (Section 2, subsection (a), paragraph 2)
-
Legal Recourse for Providers: Service providers have the opportunity to be heard in court to challenge an order if they believe compliance is unreasonable or unlawful. (Section 2, subsection (a), paragraph 5)
Potential Negative Impacts for People
-
Limited Duration for Certain Investigations: For investigations not involving child pornography or sexual exploitation, orders preventing notice are limited to no more than 90 days. (Section 2, subsection (a), paragraph 1, subparagraph B, clause ii)
-
Presumption of Risk in Specific Offenses: In cases involving child pornography or sexual exploitation, a court may presume that adverse results—like destruction of evidence—are met without needing a written decision. (Section 2, subsection (a), paragraph 2, subparagraph B, clause ii)
-
Restrictions on Information Access: Even if an individual requests their records, the government is permitted to withhold records pertaining to child pornography, sexual exploitation, or other illegal material. (Section 2, subsection (a), paragraph 10, subparagraph A)
-
Potential Redactions of Information: Any information provided to an individual may be redacted if a court finds it necessary to protect the integrity of an investigation. (Section 2, subsection (a), paragraph 11)
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Governance And Ideology
- Does this make what the government does easier for the public to see? — The bill requires the Attorney General to publish annual reports on the number of delayed notice orders and resulting legal actions. Does this protect people from being watched or searched? — The bill implements safeguards such as written judicial findings and time limits on how long a person can be denied notice of a warrant or subpoena.
- 3/5/2026
- 1 Cosponsor added.
- 2/11/2026
- 1 Cosponsor added.
- 2/9/2026
- 2 Cosponsors added.
- 1/15/2026
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Marsha BlackburnRepublican · Tennessee
Ted CruzRepublican · Texas
Richard DurbinDemocrat · Illinois
Mike LeeRepublican · Utah
Peter WelchDemocrat · Vermont