HR8065-119

What This Bill Does

The Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026 changes title 28 section 546, which governs interim United States attorney appointments. It clarifies that the 120-day limit in subsection (c)(2) applies after appointment of that person, and it strikes subsection (d). Because subsection (d) is the provision allowing district courts to appoint a United States attorney when an Attorney General interim appointment expires, the bill removes the court-continuation mechanism and leaves interim U.S. attorney vacancy control with executive-branch appointment rules until a presidentially nominated, Senate-confirmed U.S. attorney is in place.

Who Benefits and How

The Attorney General benefits because the bill preserves executive-branch control over interim U.S. attorney vacancies instead of allowing district courts to continue appointments. Justice Department leadership benefits from clearer authority over leadership transitions in U.S. attorney offices. Presidential appointment staff benefit because the path to permanent U.S. attorneys is reinforced through nomination and Senate confirmation rather than court appointment. Senate Judiciary Committee members benefit from stronger incentives to resolve nominations. Defendants and civil litigants benefit from clearer lines of accountability for U.S. attorney leadership. Executive-branch accountability advocates benefit from removal of judicial appointment authority over prosecutors.

Who Bears the Burden and How

Federal district courts lose the authority to appoint interim United States attorneys after an Attorney General appointment expires. U.S. attorney offices may face leadership uncertainty if the executive branch and Senate do not resolve vacancies before interim appointment limits run. Career prosecutors in affected districts may have to operate under acting or temporary leadership structures. Senators opposing nominees lose leverage created by the possibility of court-appointed successors. Court-administration staff no longer manage U.S. attorney appointment orders. Communities served by U.S. attorney offices may bear uncertainty during vacancy disputes.

Key Provisions

• Amends the 120-day interim U.S. attorney tenure language in 28 U.S.C. 546(c)(2).
• Repeals 28 U.S.C. 546(d), which authorizes district-court appointment after an interim appointment expires.
• Directs vacancy control toward executive-branch appointment and Senate-confirmed permanent appointments.
• Blocks federal court authority to continue U.S. attorney service through judicial appointment.