NDO Fairness Act of 2026

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 3663 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 3663 To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 15, 2026 Mr. Coons (for himself and Mr. Lee) introduced the following bill; which was read twice and 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 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 2026''. SEC. 2. PRECLUSION OF NOTICE. (a) In General.--Subsection (b) of section 2705 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 the warrant, order, or subpoena pertains to child pornography under section 2256, sexual exploitation of children under section 2251, or any Federal, State, Tribal, or milita