1. Short title This Act may be cited as the NDO Fairness Act . 2. Preclusion of notice 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 (i) In general Subject to clause (ii), an order granted under subparagraph (A) shall be in effect for a period of not more than 90 days. (ii) Exception An order granted under subparagraph (A) shall be in effect 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 sexual abuse material under section 2256(8), sexual exploitation of children under section 2251, or any Federal, State, Tribal, or military offense that is the substantial equivalent. (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