Will Congress ever do something about reforming the Foreign Intelligence Surveillance Act (FISA)? It’s hard to tell, but it appears House Republicans are about to take another stab at it. 

House Speaker Mike Johnson (R-LA) is heading up another effort to renew Section 702 of FISA, which allows federal agencies to spy on noncitizens abroad. The provision has been the subject of controversy, especially after it was revealed that the FBI had used it to spy on hundreds of thousands of Americans without warrants.

This push in the legislature comes as the lower chamber is set for a critical vote on the matter next week. Lawmakers are seeking to reform and extend these surveillance powers before the April 19 deadline. “If our bill fails, we will be faced with an impossible choice and can expect the Senate to jam us with a clean extension that includes no reforms at all,” Speaker Johnson said.

The Reforming Intelligence and Surveillance Act unveiled Friday would extend Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the government to spy on noncitizens located abroad.

Johnson sold the legislation as a reform bill that would “strictly prohibit future abuses” of the tool, trying to win over lawmakers who have repeatedly blocked its path forward.

The bill closely aligns with a February proposal that nearly made it to the House floor, offering significant limitations on how agencies like the FBI can review information on Americans that are swept up while surveilling those abroad.

But it does not include a warrant requirement that privacy hawks have demanded but that opponents – led by those on the House Intelligence Committee – warn would cause delays that would impede intelligence agents from responding to threats in real time.

Fights between the two factions have repeatedly stalled the bill, with the House in December forced to pass a short term extension of the authority. And plans to bring legislation to the floor in February were thwarted when House Intelligence members protested an effort to add an unrelated matter to the legislation.

The bill, in its current form, is running afoul of privacy hawks in Congress who argue that it would still give federal agencies too much power to spy on American citizens without a warrant. The proposal does require FBI supervisors or attorneys to sign off on any query involving American citizens; however, this has not done enough to assuage the fears of some lawmakers. “Freedom surrendered is rarely reclaimed,” said Rep. Warren Davidson (R-OH) in a post on X, formerly Twitter.

Freedom surrendered is rarely reclaimed. Next week, Congress once again confronts an opportunity for reform and accountability of #FISA. Last time, Mike Turner scuttled debate by creating an international incident, and the Speaker pulled the bill.

Demand a debate and recorded…

— Warren Davidson 🇺🇸 (@WarrenDavidson) April 3, 2024

Sen. Mike Lee (R-UT) also chimed in, demanding that Congress not renew Section 702 without “requiring a warrant to search U.S. citizens.”

No matter how hard the deep state cries, Congress must NOT reauthorize FISA 702 without requiring a warrant to search U.S. citizens.

Please like and share if you agree. https://t.co/iMS3DB35er

— Mike Lee (@BasedMikeLee) April 4, 2024

The House’s effort to renew and reform Section 702 reflects the broader national conversation on surveillance and the violation of Constitutional rights. Despite the obvious flaws with FISA, Congress has been unable (or unwilling) to develop a viable plan to reform it.

Perhaps this time, Congress will finally be able to pass some meaningful reform that will prevent the state from spying on American citizens without warrants. However, I would caution against holding your breath, dear reader.