Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026
- Sponsor
- Rep. Schmidt, Derek [R-KS-2]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 26, 2026
Bottom line
The bill removes the judicial branch's authority to appoint interim U.S. Attorneys, consolidating this power exclusively within the executive branch, specifically with the Attorney General.
What it actually does
This bill amends title 28, United States Code, Section 546, which governs the appointment of United States Attorneys. Specifically, it strikes subsection (d), which currently grants district courts the authority to appoint an interim U.S. Attorney if a vacancy occurs and the Attorney General fails to make an interim appointment within 120 days. The bill also includes a minor grammatical correction to subsection (c)(2).
Proponents argue
Supporters argue that this bill restores the constitutional balance by ensuring the executive branch, led by the President, maintains full authority and accountability over federal prosecutors. They contend that U.S. Attorneys are executive officers and their appointment, even on an interim basis, should reside solely within the executive branch to ensure consistent policy direction and accountability.
Opponents contend
Critics might contend that removing the judicial backstop eliminates an important check on executive power, potentially leading to prolonged vacancies in U.S. Attorney offices or allowing for politically motivated interim appointments without independent oversight. They may argue that the existing system provides a safeguard against executive inaction or abuse of power.
The bill is exceptionally short and clear, making it very accessible for readers to understand its direct impact within a short timeframe.
Section 2(2)
Elimination of Judicial Authority for Interim U.S. Attorney Appointments
This provision strikes subsection (d) from Section 546 of title 28, United States Code. Currently, if a U.S. Attorney position becomes vacant, the Attorney General can appoint an interim U.S. Attorney. If the Attorney General does not make such an appointment within 120 days, the district court for that district gains the authority to appoint an interim U.S. Attorney. By striking this subsection, the bill removes the district court's ability to make these appointments, leaving the Attorney General as the sole authority for interim appointments.
Supporters argue
Supporters argue that this provision ensures that all federal prosecutors, including interim ones, are accountable to the President and align with the administration's law enforcement priorities, consistent with the President's constitutional authority to 'take Care that the Laws be faithfully executed.' They believe judicial involvement in executive appointments is an overreach.
Critics contend
Critics contend that removing the judicial check could lead to a lack of accountability for the executive branch in filling these critical roles, potentially resulting in prolonged vacancies or the appointment of individuals based on political expediency rather than merit, undermining the independence of federal prosecutions.
Tradeoffs
This provision navigates the tension between executive control and efficiency in law enforcement appointments versus the desire for checks and balances to ensure accountability and prevent potential political abuses or prolonged vacancies.