S 2634119th CongressIn Committee

Restoring Executive Power To Appoint United States Attorneys Act of 2025

Introduced: Jul 31, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, titled the Restoring Executive Power To Appoint United States Attorneys Act of 2025, amends 28 U.S.C. 546 to strike subsections (c) and (d) and replace them with language that ties the tenure of any United States Attorney appointed under that section to the qualification of the President’s own nominee for that district under 28 U.S.C. 541. In practical terms, interim or acting U.S. Attorneys filling vacancies would serve only until a President-appointed, Senate-confirmed U.S. Attorney for the district is qualified and takes office. The overall effect is to restore and reinforce the President’s constitutional appointment power over U.S. Attorneys, reducing the duration of non-presidential interim appointments.

Key Points

1The bill amends 28 U.S.C. 546 by striking subsections (c) and (d) and replacing them with a new provision.
2The new provision provides that a person appointed as United States Attorney under this section may serve until the qualification of a United States Attorney for that district appointed by the President under 541.
3This creates a direct link between interim U.S. Attorneys and the President’s appointment process, effectively tying interim service to the President’s nominees.
4The change reinforces presidential control over U.S. Attorney appointments, aligning interim staffing with the President’s chosen nominee.
5The bill is a short, targeted change with no other statutory provisions altered; its focus is specifically on the tenure of interim U.S. Attorneys during vacancies.

Impact Areas

Primary group/area affected: United States Attorneys and the federal districts they serve; the Department of Justice overseeing federal prosecutions.Secondary group/area affected: The President and the Senate (in the appointment/confirmation process for U.S. Attorneys); potential shifts in how vacancies are staffed temporarily.Additional impacts:- Improves alignment of interim staffing with the President’s appointment authority.- Could affect the duration of interim leadership in U.S. Attorney offices during vacancies.- May influence political and procedural dynamics around vacancy fills in federal districts.

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