YourVoice.Now Summary
Civil LibertiesCriminal Justice & Due ProcessTransparency & AccountabilityJudges would lose the power to name a federal prosecutor when the Senate has not confirmed one — the Attorney General could keep reappointing.
Civil Liberties
A United States Attorney decides which federal charges get filed in a district. With the court backup gone, a pick the Senate never voted on could run that office as long as the vacancy lasts, serving at the Attorney General's pleasure.
Criminal Justice & Due Process
Section 546 of title 28 lets the Attorney General fill a vacant United States Attorney seat for 120 days. Adding the words “of that person” to subsection (c)(2) ties the 120-day limit to each individual appointee, so a new interim pick can start a fresh term rather than inheriting the old clock.
Transparency & Accountability
Subsection (d) now says that once the 120 days lapse with no Senate-confirmed nominee, the district court for that district may appoint a United States Attorney to serve until the vacancy is filled. The bill strikes subsection (d) outright. Supporters argue an interbranch appointment like that is itself constitutionally suspect, since prosecutors are executive officers.
The court appointment is what makes a stalled or unsent nomination costly. Remove it, and an administration can staff the office with its own picks indefinitely. One check survives: subsection (b), untouched here, still bars the Attorney General from appointing a person the Senate has formally refused to confirm.
More about this bill
Federal judges would lose a power they hold today. When the top federal prosecutor job in a district sits empty, the Attorney General can name someone to fill it for 120 days. If that runs out with no Senate-confirmed pick, the local district court can name a prosecutor instead. That court backup would be erased. The Attorney General would also get a clean restart. The 120-day clock would run from each person's own start date. One pick could follow another, with a fresh 120 days each time. One limit would stay. The Attorney General still could not install a person the Senate has already turned down. These offices decide which federal crimes get charged where you live. Backers say choosing prosecutors is the executive branch's job, and judges have no business doing it. Critics say the court backup is the only thing that stops a president from running an office for years without Senate approval.
Congressional Summary
Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026This bill expands the authority of the executive branch to appoint interim U.S. Attorneys.Current law generally requires U.S. Attorneys to be appointed by the President and confirmed by the Senate for four-year terms. However, if a position becomes vacant, then current law allows the Attorney General to appoint an interim U.S. Attorney for a term of up to 120 days. Further, if the 120-day term of an interim U.S. Attorney expires without a permanent, Senate-confirmed nominee, then the U.S. district court for the relevant judicial district may appoint a U.S. Attorney to serve until the vacancy is filled.This bill eliminates the authority for U.S. district courts to appoint U.S. Attorneys to fill a vacancy after the 120-day term of an interim U.S. Attorney expires.Additionally, the bill authorizes the Attorney General to make multiple interim appointments for 120-day terms.
Legislative Subjects
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Introduced in House
- Action Date
- 2026-03-24
- Date Added
- 2026-08-27
- Source
- Congress.gov →
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