The first House vote in years on an electronic surveillance reform measure is poised to happen as early as late this afternoon.

Late yesterday, the House Rules Committee passed the rule governing debate on the Fiscal Year 2022 Commerce, Justice, Science and Related Agencies (CJS) appropriations bill. Among the amendments made in order by the rule is a bipartisan one co‐​authored by Rep.‘s Zoe Lofgren (D‑CA), Thomas Massie (R‑KY), Pramila Jayapal (D‑WA), Warren Davidson (R‑OH), Anna Eshoo (D‑CA), Victoria Spartz (R‑IN), and Alan Lowenthal (D‑CA).

The amendment itself is similar to ones offered in past Congresses by Lofgren and Massie as a short‐​term, but real, means of preventing the FBI and other federal agencies from conducting digital “fishing expeditions” on the data of Americans swept up—deliberately or otherwise—under the infamous FISA Section 702 program. It should be noted that the FISA Court has never sanctioned any federal department or agency for documented violations of the rights of Americans in connection with the Section 702 program.

As of yesterday, the White House Statement of Administration Policy (SAP) on the CJS bill contained no mention of the Lofgren‐​Massie amendment. Should the amendment pass the House, that may well change, as administrations of both parties have repeatedly fought any attempts to rein in the Section 702 program. Whether the amendment, if passed, would survive a House‐​Senate conference on the CJS bill is another open question.