Congress Considers Bipartisan Bill to Add Oversight and Time Limits to Federal Nondisclosure Orders

Congress is weighing bipartisan legislation known as the nondisclosure order or NDO Fairness Act, intended to curb secret federal subpoenas. Sen. Mike Lee (R-UT) is leading the Senate version of the NDO Fairness Act.

An initial variant of the NDO Fairness Act passed the House Judiciary Committee by unanimous voice vote in November 2025. Sen. Mike Lee (R-UT) said the deep state should not be able to cover up politically motivated spying against law-abiding Americans.

Lee added that the NDO Fairness Act bolsters protections for digital property under the 4th Amendment and establishes a review system to ensure that NDOs aren’t abused. House Judiciary Committee Chairman Jim Jordan (R-OH) said Jack Smith and partisan Arctic Frost investigators abused nondisclosure orders to secretly seize data from members of Congress.

Jordan stated that the NDO Fairness Act forces the government to justify how long the order can last and makes sure those affected are notified. The legislation requires prosecutors to provide written justification before obtaining an NDO and to demonstrate specific and articulable facts showing that notifying the target would create an adverse result such as destruction of evidence or flight from prosecution.

The NDO Fairness Act imposes time limits on secrecy orders and allows providers to challenge NDOs in court.

It preserves the ability for authorities to pursue secrecy in terrorism and child exploitation cases. Sen. Chris Coons (D-DE) supports the NDO Fairness Act. "The Constitution protects Americans’ right to privacy in their personal communications, but we can only assert that right if we know our privacy has been violated," Coons said in January 2026.

A Trump administration official said the legislation would make it harder for future administrations to replicate Smith’s tactics. " One Senate adviser familiar with the negotiations said the bill is the lone Arctic Frost-related reform effort with a realistic path to becoming law.

Former special counsel Jack Smith delivered a private speech in Washington in April 2026 in which he accused the Trump administration’s DOJ of being corrupted and targeting political opponents.

Jack Smith has become increasingly outspoken in attacking the Trump administration’s Justice Department. Republicans have responded to Jack Smith by reminding the country of what occurred during the Arctic Frost investigation. Arctic Frost began in 2022 as an FBI inquiry under the Biden administration as part of the Biden administration’s broader investigation into Trump and his allies’ efforts to challenge the 2020 election results.

Former Attorney General Merrick Garland appointed Jack Smith as special counsel in November 2022. After Jack Smith’s appointment, Arctic Frost expanded to include subpoenas for phone records and electronic data tied to GOP lawmakers, congressional aides, conservative organizations, and Trump allies. Records released in September 2025 through congressional oversight led by Sen.

Chuck Grassley (R-IA) showed the FBI sought tolling and phone data connected to multiple GOP senators and hundreds of conservative-linked individuals or groups. The records obtained in Arctic Frost included metadata such as call logs and associated phone information rather than call content. Records of Sens.

Lindsey Graham (R-SC), Josh Hawley (R-MO), and Ted Cruz (R-TX) were sought in Arctic Frost. Records of FBI Director Kash Patel and White House chief of staff Susie Wiles were sought in Arctic Frost. It was revealed in early November 2025 that the targets’ records had been obtained because Smith’s team used NDOs preventing AT&T and Verizon from notifying them.

U.S. District Judge James E. Boasberg approved the secrecy orders tied to the Arctic Frost subpoenas. Sen. Mike Lee (R-UT) and Sen. Lindsey Graham (R-SC) have called for Judge James E. Boasberg’s suspension and removal from the bench.

The Biden FBI investigated GOP lawmakers who gave constituents tours before Jan. 6. Jack Smith testified before the House Judiciary Committee on January 22, 2026. Sen. Chuck Grassley has indicated Jack Smith will likely come before his committee.

Sen. Chuck Grassley has emphasized a need to expand the record of Smith’s misdeeds before bringing him in for questioning. Washington Examiner reported that lawmakers and aides involved in the legislation say Smith’s sharper public posture has refocused attention on the investigation and strengthened arguments that Congress needs to impose stricter guardrails on secret electronic surveillance authorities.