A key surveillance tool that allows the United States to collect intelligence abroad appears certain to expire. That's because the House and Senate on Thursday failed to temporarily extend the program, which is set to expire on Friday at midnight. The votes are seen as a protest to President Donald Trump’s temporary pick of housing regulator Bill Pulte to head the nation’s intelligence agencies. After the votes, Trump announced he planned to nominate U.S. Attorney Jay Clayton, a former chairman of the Securities and Exchange Commission, for the permanent job. It's not clear whether that might break the impasse.

A lapse in a law that allows the U.S. to gather intelligence abroad has grown more likely as President Donald Trump is resisting calls from Republicans and Democrats on Capitol Hill to immediately name a permanent director of national intelligence.  Trump has  doubled down on his temporary pick to lead the intelligence agencies, federal housing finance regulator Bill Pulte, even though he has little experience for the job and as Democrats are withholding their votes for the spy tool’s renewal in protest. On Wednesday, Trump asked for a short-term extension of the law.

Cyber operations against foreign actors, across the whole spectrum of offensive and defensive measures, began ahead of the election and will continue after the final ballot is cast.