H.R. 6048

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6048 Engrossed in House (EH)]
<DOC>
119th CONGRESS
  2d Session
                                H. R. 6048
_______________________________________________________________________
                                 AN ACT
    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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``NDO Fairness Act of 2025''.
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.--
                    ``(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 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 communications 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 existence 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 1 year
                        if the nature of the offense for which the
                        governmental entity is seeking a warrant,
                        order, or subpoena pertains to child
                        pornography, as defined in section 2256, sexual
                        exploitation of children under section 2251, or
                        any Federal, State, Tribal, or military offense
                        that is the substantial equivalent; or
                            ``(ii) for a period of not more than 90
                        days for all other investigations.
                    ``(C) Other requirements.--
                            ``(i) In general.--An application for an
                        order under subparagraph (A) shall state, to
                        the best of the applicant's knowledge, whether
                        the named customer or subscriber whose
                        information is sought by the warrant, order, or
                        subpoena under section 2703--
                                    ``(I) is aware of the warrant,
                                order, subpoena, or underlying
                                investigation; 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 computing service to provide
                        notification of the expiration of order to the
                        court or government entity that sought the
                        order.
            ``(2) Determination.--
                    ``(A) In general.--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), unless--
                            ``(i) 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 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
                                witnesses; or
                                    ``(V) otherwise seriously
                                jeopardizing an investigation or unduly
                                delaying 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
                        representation to the named customer or
                        subscriber, that is not likely to result in an
                        adverse result as described in subclauses (I)
                        through (V) of subparagraph (A)(i); and
                            ``(iii) the court has reviewed the
                        individual warrant, order, or subpoena under
                        section 2703 to which the order issued under
                        this paragraph applies.
                    ``(B) Nature of the offense.--
                            ``(i) In general.--Subject to clause (ii),
                        the court may consider the nature of the
                        offense in issuing a determination under
                        subparagraph (A).
                            ``(ii) Presumption.--If the court
                        determines there is a reasonable belief 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, the court may presume
                        that one or more of the adverse results
                        described in subclauses (I) through (V) of
                        subparagraph (A)(i) are met and may issue an
                        order consistent with this subsection without a
                        written decision under subparagraph (A)(i).
            ``(3) Extension.--A governmental entity may request one or
        more extensions of an order granted under paragraph (1) of not
        more than 90 days for each such extension. The court may only
        grant such an extension if the court makes a written
        determination required under paragraph (2)(A).
            ``(4) Notification of changed circumstances.--If the need
        for the order issued under paragraph (1) changes materially,
        the governmental entity that requested the order shall notify
        the court within a reasonable period of time (not to exceed 14
        days) of the changed circumstances, and the court shall
        reassess the order and modify or vacate as appropriate.
            ``(5) Opportunity to be heard.--
                    ``(A) In general.--Upon an application, petition,
                or motion by a provider of electronic communications
                service or remote computing service or person acting on
                behalf of the provider to which an order under
                paragraph (1) (or an extension under paragraph (3)) has
                been issued, the court may modify or vacate the order
                if--
                            ``(i) the order does not meet requirements
                        provided in paragraph (2) or (3); or
                            ``(ii) compliance with the order is
                        unreasonable or otherwise unlawful.
                    ``(B) Stay of disclosure of named customer or
                subscriber communications or records.--A provider's
                obligation to disclose the information requested in the
                warrant, order, or subpoena to which the order in
                paragraph (1) applies is stayed for a period of 72
                hours upon the filing of the application, petition, or
                motion under this paragraph, unless the court with
                jurisdiction over the challenge determines, based on a
                showing by the provider or the governmental entity,
                that the stay should be extended or lifted in whole or
                in part prior to resolution of the application,
                petition, or motion.
                    ``(C)  Finality of order.--The decision of the
                court resolving an application, petition, or motion
                under this paragraph shall constitute a final,
                appealable order.
            ``(6) Exception.--A provider of electronic communications
        service or remote computing service to which an order under
        paragraph (1) applies, or an officer, employee, or agent
        thereof, may disclose information otherwise subject to any
        applicable nondisclosure requirement to--
                    ``(A) those persons to whom disclosure is necessary
                in order to comply with the warrant, order, or
                subpoena;
                    ``(B) an attorney in order to obtain legal advice
                or assistance regarding the order issued under
                paragraph (1) or the warrant, order, or subpoena to
                which the order applies; and
                    ``(C) any person the court determines can be
                notified of the warrant, order, or subpoena.
            ``(7) Scope of nondisclosure.--Any person to whom
        disclosure is made under paragraph (6) (other than the
        governmental entity) shall be subject to the nondisclosure
        requirements applicable to the person to whom the order is
        issued. Any recipient authorized under this subsection to
        disclose to a person information otherwise subject to a
        nondisclosure requirement shall notify the person of the
        applicable nondisclosure requirement.
            ``(8) Supporting documentation.--Upon serving a provider of
        electronic communications service or remote computing service
        with an order granted under paragraph (1), or an extension of
        such order granted under paragraph (3), the governmental entity
        shall include a copy of the warrant, order, or subpoena to
        which the nondisclosure order applies.
            ``(9) Expiration of order precluding notice.--Upon
        expiration of an order issued under paragraph (1) or, if an
        extension has been granted under paragraph (3), expiration of
        the extension, the governmental entity shall deliver to the
        named customer or subscriber, by at least 2 methods, which
        shall be personal service, registered or first-class mail,
        electronic mail, or other means approved by the court as
        reasonably calculated to reach the named customer or subscriber
        within 5 business days of the expiration of the order--
                    ``(A) a copy of the warrant, order, or subpoena;
                and
                    ``(B) notice that informs the named customer or
                subscriber--
                            ``(i) of the nature of the law enforcement
                        inquiry with reasonable specificity;
                            ``(ii) that information maintained for such
                        customer or subscriber by the provider of
                        electronic communications service or remote
                        computing service to which the warrant, order,
                        or subpoena under section 2703, was directed
                        was supplied to or requested by the government
                        entity;
                            ``(iii) that notification of such customer
                        or subscriber was precluded by court order;
                            ``(iv) of the identity of the court
                        authorizing the preclusion of notice;
                            ``(v) of the provision of this chapter
                        under which the preclusion of notice was
                        authorized; and
                            ``(vi) that the government will, upon
                        request by the customer or subscriber made
                        within 180 days after receiving notification
                        under this paragraph, provide the named
                        customer or subscriber with a copy of the
                        information that was disclosed in response to
                        the warrant, order or subpoena, or in the event
                        that no information was disclosed, a written
                        certification that no information was
                        disclosed.
            ``(10) Copy of information disclosed.--Upon expiration of
        the order precluding notice issued under paragraph (1) or (3)
        of this subsection, and at the request of the named customer or
        subscriber made within 180 days of receiving notification under
        paragraph (9), the governmental entity shall promptly provide
        the named customer or subscriber--
                    ``(A) with a copy of the information that was
                disclosed in response to the warrant, order or subpoena
                except--
                            ``(i) illicit records;
                            ``(ii) records or materials pertaining to
                        child pornography, as defined in section 2256,
                        or sexual exploitation of children, as
                        described in section 2251, or any Federal,
                        including military, State, tribal, or offense
                        that is the substantial equivalent; or
                            ``(iii) other illegal material; or
                    ``(B) in the event that no information was
                disclosed, a written certification that no information
                was disclosed.
            ``(11) Redactions.--Any information disclosed pursuant to
        paragraphs (9) and (10) may be redacted only if a court finds
        such redactions necessary to preserve the secrecy or integrity
        of an investigation.''.
    (b) Additional Provisions Regarding Delayed Notice.--Section 2705
of title 18, United States Code, is amended by adding at the end the
following:
    ``(c) Annual Report.--
            ``(1) In general.--On an annual basis, the Attorney General
        shall provide to the Committee on the Judiciary of the House of
        Representatives, the Committee on the Judiciary of the Senate,
        and the Director of the Administrative Office of the United
        States Courts, which the Attorney General shall publish on the
        website of the Department of Justice, in a manner consistent
        with protection of national security, a report setting forth
        with respect to the preceding calendar year, for each Federal
        judicial district--
                    ``(A) the number of named customers or subscribers
                with respect to whom, in that calendar year, a warrant,
                subpoena, or court order was issued pursuant to section
                2703;
                    ``(B) the aggregate number of applications
                requesting delay of notification pursuant to subsection
                (a)(1), preclusion of notice pursuant to subsection
                (b)(1), and extensions pursuant to subsection (b)(3);
                    ``(C) the aggregate number of orders under this
                section either granting, extending, or denying a
                request for delay of notification or preclusion of
                notice;
                    ``(D) the aggregate number of orders under this
                section affecting a member of the news media, including
                any conduct related to activities protected under the
                First Amendment; and
                    ``(E) the aggregate number of arrests, trials, and
                convictions, resulting from investigations in which
                orders under this section were obtained, including the
                offenses for which individuals were arrested, tried, or
                convicted.
            ``(2) Process.--The Attorney General shall include in the
        report under this subsection a description of the process and
        the information used to determine the numbers for each of
        subparagraphs (A) through (E) or paragraph (1).''.
            Passed the House of Representatives August 31, 2026.
            Attest:
                                                                 Clerk.
119th CONGRESS
  2d Session
                               H. R. 6048
_______________________________________________________________________
                                 AN ACT
    To amend title 18, United States Code, to modify delayed notice
                 requirements, and for other purposes.