Restoring Executive Power To Appoint United States Attorneys Act of 2025

Summary

Changes the rules for interim U.S. attorneys so a person appointed under 28 U.S.C. § 546 can continue serving until a Presidentially appointed U.S. attorney for that district formally qualifies (i.e., assumes office). It removes the previous statutory timing rules that limited how long interim appointees could serve and replaces them with a provision tying the end of interim service to the qualification of the President’s nominee.

• Alters 28 U.S.C. § 546 so interim U.S. attorneys appointed under that section may serve until a Presidentially appointed U.S. attorney for the district qualifies.
• Strikes the prior subsections of § 546 and replaces them with a single provision tying interim service to the qualification of the President's nominee.
• Removes the previous statutory time limit and replacement mechanisms that governed how long interim appointees could serve.
• Does not create new spending, authorize programs, or change substantive criminal law—focuses only on appointment duration and transition rules.
• Likely increases executive branch control over the timing of when Senate-confirmed U.S. attorneys assume office.
• May reduce the role of other vacancy-filling mechanisms that took effect after earlier statutory time limits expired.
• Could affect continuity of leadership in U.S. attorney offices and how quickly new presidential nominees take over.
• May prompt legal or policy debate about separation of powers, Senate confirmation timing, and the balance between executive authority and court or congressional checks.