Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026

Key Points

• This bill would change how temporary U.S. Attorneys are appointed by removing the power of federal courts to step in. Currently, if a U.S. Attorney position sits empty for more than 120 days, federal judges can appoint someone to fill the role temporarily. This bill eliminates that judicial backstop entirely.
• The bill amends Section 546 of Title 28, which governs vacancies in U.S. Attorney offices. By striking subsection (d), it removes the provision that allows courts to appoint interim U.S. Attorneys when the executive branch fails to fill a vacancy within 120 days.
• The bill's sponsor frames this as restoring proper constitutional separation of powers, arguing that the executive branch — not the courts — should have sole authority over who leads federal prosecutor offices. U.S. Attorneys are the top federal law enforcement officials in their districts and make key decisions on which cases to pursue.
• If enacted, the Department of Justice would have exclusive control over filling U.S. Attorney vacancies, with no judicial check if positions remain unfilled for extended periods. This could mean some offices go without confirmed leadership for much longer stretches if nominations stall.