Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026
Sponsor
Rep. Schmidt, Derek [R-KS-2](R-KS-2)Summary
Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026
This 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.