United States · Bill · HR
H.R. 3089 (118th)
NDO Fairness Act
Introduced
5 May 2023
Last action
16 May 2023 · Introduced
Status
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Sponsors
Rep. Fitzgerald, Scott [R-WI-5], Rep. Nadler, Jerrold [D-NY-12]
Subjects
Discovery layer
Source updated
10 August 2026
Summary
NDO Fairness Act This bill makes various changes to the procedures and requirements with respect to delayed notification orders. Current law authorizes the government to compel providers of electronic communication services or remote computing services (providers) to disclose certain records and information pertaining to subscribers and customers. Further, a provider may notify subscribers or customers of the government's request for records and information unless the government obtains a delayed notification order. With respect to delayed notification orders, the bill raises the standard for courts to grant a delayed notification order, requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, and requires orders to be narrowly tailored. Finally, the bill requires the Department of Justice to report annually on data related to delayed notification orders, including the number of customers or subscribers targeted; the number of applications for orders; the number of orders granted, extended, or denied; and the number of orders targeting members of the media or conduct related to certain protected activities.
This text is taken from the official record. PoliticalRepo does not editorialize.
Timeline
5 May 2023
Introduced
Referred to the House Committee on the Judiciary.
Source: IntroReferral
5 May 2023
Introduced
Introduced in House
Source: IntroReferral
5 May 2023
Introduced
Introduced in House
Source: IntroReferral
10 May 2023
Reported
Ordered to be Reported by Voice Vote.
Source: Committee
10 May 2023
Committee
Committee Consideration and Mark-up Session Held.
Source: Committee
15 May 2023
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: Floor
15 May 2023
Vote
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 213). (text: CR H2321-2322)
Source: Floor
15 May 2023
Vote
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 213). (text: CR H2321-2322)
Source: Floor
15 May 2023
Floor
Considered under suspension of the rules. (consideration: CR H2321-2323)
Source: Floor
15 May 2023
Vote
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Source: Floor
15 May 2023
Floor
DEBATE - The House proceeded with forty minutes of debate on H.R. 3089.
Source: Floor
15 May 2023
Floor
Mr. Fitzgerald moved to suspend the rules and pass the bill.
Source: Floor
15 May 2023
Calendars
Placed on the Union Calendar, Calendar No. 37.
Source: Calendars
15 May 2023
Reported
Reported by the Committee on Judiciary. H. Rept. 118-54.
Source: Committee
15 May 2023
Reported
Reported by the Committee on Judiciary. H. Rept. 118-54.
Source: Committee
16 May 2023
Introduced
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Source: IntroReferral
Votes
15 May 2023 · passed · On Motion to Suspend the Rules and Pass · Passed · Official source
Yes 412 · No 0 · Abstain — · Absent/not voting 23
- A. FergusonYea
- Rep. Bean, Aaron [R-FL-4]Yea
- Abigail SpanbergerYea
- Sen. Schiff, Adam B. [D-CA]Yea
- Rep. Smith, Adam [D-WA-9]Yea
- Adrian SmithYea
- Rep. Espaillat, Adriano [D-NY-13]Yea
- Rep. Green, Al [D-TX-9]Not Voting
Showing the first 8 recorded positions. Vote totals above are complete.
Versions
- Referred in Senate · 16 May 2023 · Official file
- Reported in House · 15 May 2023 · Official file
- Engrossed in House · 15 May 2023 · Official file
- Introduced in House · 5 May 2023 · Official file
Documents
9 official files
Referred in Senate (text)
Referred in Senate (text)
Referred in Senate · EN · 16 May 2023
Referred in Senate (PDF)
Referred in Senate · EN · 16 May 2023
Engrossed in House (text)
Engrossed in House · EN · 15 May 2023
Engrossed in House (PDF)
Engrossed in House · EN · 15 May 2023
Reported in House (text)
Reported in House · EN · 15 May 2023
Reported in House (PDF)
Reported in House · EN · 15 May 2023
Introduced in House (text)
Introduced in House · EN · 5 May 2023
Introduced in House (PDF)
Introduced in House · EN · 5 May 2023
Introduced in House
summary · EN · 5 May 2023
Sponsors
- Rep. Fitzgerald, Scott [R-WI-5] · R · Sponsor
- Rep. Nadler, Jerrold [D-NY-12] · D · Sponsor
- · ssju00 · Standing
- · hsju00 · Standing
Related records
- related to ← NDO Fairness Act
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/118th-congress/house-bill/3089
- Open data entity: https://api.congress.gov/v3/bill/118/hr/3089
- us · 118-hr-3089 · source updated 10 August 2026