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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
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.
Written by the nonpartisan Congressional Research Service, describing H.R. 3089 as introduced in House on May 5, 2023. It is not the text of the measure; a later amendment may have changed what it does.
House May 15, 2023
NDO Fairness Act
Passed · Two-thirds required
412 Yea 0 Nay 23 not voting
Crossed both parties No voting member broke with their own party.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
435 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 3089 and vote against it. 1 signed when it was filed.
Organizations that named H.R. 3089 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
81 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.