Skip to content
Govbase
Govbase
Congress·In Committee·H.R. 8065

Rep. Schmidt Proposes Ending Court Power to Appoint Interim U.S. Attorneys

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

1 day ago·View on Congress.gov·Read full text

Legislative Progress

House
Senate
President
Law

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.

    From policy text

    “by striking subsection (d).”
    View in full text
  • 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.

    From policy text

    “To amend title 28, United States Code, to restore authority to the executive branch to oversee operations of the Offices of the United States Attorneys, and for other purposes.”
    View in full text
  • 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.
Criminal Justice

Impact Analysis

Personal Impact

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
Mar 24, 2026House

Referred to the House Committee on the Judiciary.

Mar 24, 2026

Introduced in House

What Happens Next

Projected impacts based on AI analysis

Upon enactment

If enacted, federal courts immediately lose the power to appoint interim U.S. Attorneys when vacancies exceed 120 days

The executive branch would become the sole authority over who runs federal prosecutor offices, even temporarily. Any districts with long-standing vacancies would no longer get court-appointed leadership.

Source Information

Document Type

Congressional Bill

Official Title

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

Bill NumberHR 8065
Congress119th Congress
ChamberHouse of Representatives
Latest ActionReferred to the House Committee on the Judiciary.
Read Full Bill Text

Sponsor

Analysis generated by AI. Always verify with official sources.