Even after the official expiration of the Protect America Act on February 1st, all currently-authorized surveillance and acquisition orders continue until they expire, which may be for as long as a year after 2/1/08, so there will be no sudden cessation of spying when the PAA expires, contrary to all the over-heated, exaggerated claims to the contrary (which also overlook the reinstatement of the original FISA law post-PAA).

S. 1927, Section 6.

(d) AUTHORIZATIONS IN EFFECT.—Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration.

Of course, even Harry Reid doesn't want to acknowledge this inconvenient fact, because he's grateful to Mitch McConnell for "forcing" the issue by objecting to a 30-day PAA extension, and the issue would be a lot harder to artificially force this week if it were widely known that the core spying allowed under the PAA won't be immediately cut off en masse as of February 1st.

This was just stated by Harry Reid on the Senate floor Friday morning, in response to Mitch McConnell's demagoguery on behalf of the "bipartisan" Rockefeller/Bond bill which the almighty "PRESIDENT will sign" (of course he will - it's his own bill language...).

In addition, on Thursday evening Reid filed a Democratic cloture motion on an amendment to the FISA bill (an amendment which he was able to set aside S. 2248 to call up and make pending, without objection). That amendment - SA #3918 - reads as follows:

SA 3918. Mr. REID proposed an amendment to the bill S. 2248, to amend the Foreign Intelligence Surveillance Act of 1978, to modernize and streamline the provisions of that Act, and for other purposes; as follows:

1. EXTENSION OF THE PROTECT AMERICA ACT OF 2007.

Subsection (c) of section 6 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 557; 50 U.S.C. 1803 note) is amended by striking "180" and inserting "210".

In other words, Reid's amendment proposes a 30-day extension of the Protect America Act, through February.

Furthermore, Reid "thinks" cloture will fail on the Rockefeller/Bond bill on Monday (this was also stated by Reid on the floor Friday, as the session opened), which Mitch McConnell thus acknowledged as likely, in response.

As a result, after the 4:30 p.m. Republican cloture vote on Monday, a second, Democratic cloture motion to bring to a close debate on a 30-day extension of the PAA will also be ready for a vote - but which some Republicans will need to support in order for cloture on the 30-day extension amendment to reach 60 votes and succeed (and for which the votes of Obama and Clinton will presumably also be needed to help reach 60).

Here's Reid's Thursday evening cloture motion submission (sent to the desk at about 8 p.m.):

Mr. REID. What, then, Mr. President, is the pending business?

The PRESIDING OFFICER. S. 2248 is the pending business.

AMENDMENT NO. 3918

Mr. REID. Mr. President, I have an amendment at the desk to this legislation, and I ask that the clerk report that amendment if it is in keeping with what the Chair suggests.

The PRESIDING OFFICER. The clerk will report the amendment.

The legislative clerk read as follows:

The Senator from Nevada [Mr. REID] proposes an amendment numbered 3918 to the language proposed to be stricken by amendment No. 3911.

Mr. REID. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

Strike all after the first word in the bill and insert the following:

1. EXTENSION OF THE PROTECT AMERICA ACT OF 2007.

Subsection (c) of section 6 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 557; 50 U.S.C. 1803 note) is amended by striking "180" in inserting "210".

CLOTURE MOTION

Mr. REID. Mr. President, I send a cloture motion to the desk.

The PRESIDING OFFICER. The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.

The legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the Reid amendment No. 3918 to S. 2248.

John D. Rockefeller, IV, Dianne Feinstein, Jeff Bingaman, Debbie Stabenow, Sheldon Whitehouse, Daniel K. Inouye, Charles E. Schumer, Thomas R. Carper, Bill Nelson, E. Benjamin Nelson, Frank R. Lautenberg, Richard Durbin, Ken Salazar, Tom Harkin, Sherrod Brown, Harry Reid.

Mr. REID. Mr. President, I ask unanimous consent that the mandatory quorum be waived.

The PRESIDING OFFICER. Without objection, it is so ordered.

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