H.R. 4984: No Appointments by Rogue Judges Act
Sponsor
Nancy Mace
Republican · SC-1
Bill Progress
Latest Action · Aug 15, 2025
Referred to the House Committee on the Judiciary.
Congress wants courts out of picking interim prosecutors
Why it matters
Right now, when a U.S. Attorney seat sits empty past 120 days, the federal district court can step in and name the interim prosecutor. H.R. 4984 would delete that power entirely and tie the job's clock to the same vacancy law that covers other executive openings.
H.R. 4984, the No Appointments by Rogue Judges Act, is short — two changes to the law that governs who runs a U.S. Attorney's office while the seat is vacant.
Here's the setup it changes. When a U.S. Attorney resigns or is removed, the Attorney General can appoint someone to fill in for up to 120 days. If that window closes without a Senate-confirmed replacement, the current law lets the federal district court for that district appoint the interim U.S. Attorney to serve until the vacancy is filled.
The bill deletes that court role outright. It strikes the subsection that hands judges the appointment power, so they would no longer get to pick the stand-in prosecutor.
It also rewrites the timing rule so an interim U.S. Attorney's service ends when the deadlines in the Federal Vacancies Reform Act run out — the same general clock that governs other temporary executive-branch appointments — rather than under the U.S. Attorney statute's own wording.
The bill adds no money, no penalties, and no new office. Its effect is structural: it removes judges from the process and routes interim service through federal vacancy law. The name reflects the sponsor's framing — Congress would be deciding whether courts should have a hand in choosing the prosecutors who later argue cases before them.
H.R. 4984 Bill Summary
What H.R. 4984 actually does.
Federal courts lose the power to appoint interim prosecutors
The bill strikes the subsection of the U.S. Attorney vacancy statute that currently lets a federal district court appoint the interim U.S. Attorney once the Attorney General's 120-day appointment expires.
Interim service runs on the federal vacancy clock
An interim U.S. Attorney's term would end when the time limits in the Federal Vacancies Reform Act run out, replacing the timing rule written into the U.S. Attorney statute itself.
Targeted to U.S. Attorney offices only
The change applies specifically to vacancies in the offices of United States Attorneys — the chief federal prosecutors in each district — not to executive-branch vacancies generally.
No funding, no penalties
The bill is purely structural. It creates no new agency, authorizes no spending, and adds no civil or criminal penalties.
Who benefits from H.R. 4984?
Presidents and the Attorney General
Removing the court's appointment role concentrates control over interim U.S. Attorneys in the executive branch, leaving the Attorney General's 120-day appointment and the federal vacancy clock as the path to filling a seat.
Supporters of keeping courts out of prosecutor selection
The sponsor argues judges should not choose the prosecutors who later appear before them. People who share that view would see the bill end the practice.
Who is affected by H.R. 4984?
Federal district courts
Courts would lose the authority to appoint an interim U.S. Attorney when the Attorney General's 120-day appointment expires, a power the current statute gives them.
Interim United States Attorneys
How long a temporary U.S. Attorney can stay in the job would be governed by the Federal Vacancies Reform Act's deadlines rather than the U.S. Attorney statute's own timing language.
U.S. Attorney offices waiting on a nominee
Districts where a seat stays vacant past 120 days would no longer have the court as a backstop to name a leader, putting more weight on the Attorney General and the Senate confirmation timeline.
HR4984 Legislative Journey
House: Committee Action
Aug 15, 2025
Referred to the House Committee on the Judiciary.
About the Sponsor
Nancy Mace
Republican, South Carolina's 1st congressional district · 5 years in Congress
Committees: Armed Services, Oversight and Government Reform, Veterans' Affairs
View full profile →
Committee Sponsors
Judiciary Committee
0 of 42 committee members cosponsored
No committee members have cosponsored this bill
24 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 4984 Quick Facts
- Committee
- Judiciary
- Chamber
- House
- Policy
- Law
- Introduced
- Aug 15, 2025
Referred to the House Committee on the Judiciary.
Aug 15, 2025
Official Sources
Official bill page with status, text, actions, and related legislative information for H.R. 4984.
The federal statute directly amended by the bill, governing vacancies in the offices of United States Attorneys, including the court-appointment provision the bill would strike.
The Federal Vacancies Reform Act time limit the bill would use to end an interim U.S. Attorney's service in place of the U.S. Attorney statute's own timing rule.
The DOJ component that supports the 93 United States Attorneys whose vacancy rules this bill would change.
Official DOJ listing of current U.S. Attorneys and acting/interim leadership across all 94 districts affected by the vacancy process this bill amends.
Official government reference for the U.S. Code, where Titles 28 and 5 amended by the bill can be located.
H.R. 4984 Common Questions
What does H.R. 4984 actually change?
It takes federal courts out of the process for filling vacant U.S. Attorney seats. Right now, if a temporary appointment runs out before the Senate confirms a replacement, the local federal court can name the interim prosecutor. H.R. 4984 deletes that power.
Why is it called the No Appointments by Rogue Judges Act?
That's the sponsor's framing. Rep. Nancy Mace argues federal judges shouldn't get to choose the prosecutors who later argue cases in their own courtrooms, so the bill ends the court's role in picking interim U.S. Attorneys.
How long could an interim U.S. Attorney serve under the bill?
Their service would end when the deadlines in the Federal Vacancies Reform Act run out — the same general clock that covers other temporary executive-branch appointments — instead of the timing rule written into the U.S. Attorney statute today.
What happens now when a U.S. Attorney seat goes vacant?
The Attorney General can appoint a fill-in for up to 120 days. If no Senate-confirmed replacement is in place by then, current law lets the federal district court appoint someone to serve until the seat is filled. H.R. 4984 would remove that court step.
Does H.R. 4984 affect all federal vacancies or only U.S. Attorneys?
Only U.S. Attorneys. The bill changes the specific statute that governs vacancies in the offices of United States Attorneys, the chief federal prosecutors in each district. Other executive-branch vacancies aren't touched.
Does the bill add any funding or penalties?
No. H.R. 4984 is purely structural — it creates no new office, authorizes no spending, and adds no civil or criminal penalties. It only changes who can name an interim U.S. Attorney and how long they can serve.
Who introduced H.R. 4984 and where does it stand?
Rep. Nancy Mace (R-SC) introduced it on August 15, 2025, and it was referred to the House Judiciary Committee. It has no cosponsors yet and hasn't had a hearing, so it's at an early stage.
Based on H.R. 4984 bill text
H.R. 4984 Bill Text
“To amend title 28, United States Code, related to vacancies in offices of United States Attorneys, and for other purposes.”
Source: U.S. Government Publishing Office
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