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 An order granted under subparagraph (A) shall be in effect for a period of not more than 90 days. (C) Other requirements (i) In general A 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