H.R. 4984: No Appointments by Rogue Judges Act

Introduced Aug 15, 20250 cosponsors

Sponsor

Nancy Mace

Republican · SC-1

Bill Progress

IntroducedAug 15

Committee

Pass House

Pass Senate

Signed

Law

Latest Action · Aug 15, 2025

Referred to the House Committee on the Judiciary.

Bill curbs judges on prosecutor vacancies

Why it matters

Introduced on 2025-08-15, the bill would tighten who can keep interim United States Attorneys in office by tying their tenure to the federal vacancy clock in 5 U.S.C. § 3346 and deleting a separate court-appointment provision.

HR4984, the “No Appointments by Rogue Judges Act,” is a short but consequential federal law bill focused on vacancies in the Office of United States Attorneys. It was introduced on 2025-08-15 and makes two direct edits to 28 U.S.C. § 546, the statute that governs interim United States Attorneys.

First, the bill rewrites 28 U.S.C. § 546(c)(2) so that an interim United States Attorney’s service ends at “the expiration of the time limitations in section 3346.” That is a direct cross-reference to 5 U.S.C. § 3346, the Vacancies Reform Act. Instead of relying on the old wording in this part of the U.S. Attorney statute, the bill explicitly anchors the end date to the vacancy time limits already laid out in federal vacancy law.

What does H.R. 4984 do?

Interim service tied to section 3346

The bill amends 28 U.S.C. § 546(c)(2) so an interim United States Attorney’s term ends at “the expiration of the time limitations in section 3346,” directly importing the timing rules from 5 U.S.C. § 3346.

Full repeal of subsection 546(d)

HR4984 strikes 28 U.S.C. § 546(d) in its entirety, removing that subsection completely from the federal vacancy rules for United States Attorneys.

Applies to United States Attorneys only

The fact sheet identifies the affected office as the Office of United States Attorneys, meaning the bill is targeted to federal prosecutors rather than all executive branch vacancies.

Federal code change in Title 28

The legislation makes a technical amendment to 28 U.S.C. § 546, which is part of federal law governing how vacancies in U.S. Attorney offices are handled.

Introduced August 15, 2025

The measure was introduced on 2025-08-15 as HR4984, signaling a current congressional effort to revise vacancy rules for interim prosecutors.

Who benefits from H.R. 4984?

Presidents and executive branch officials

They may benefit from a clearer, centralized vacancy rule because HR4984 ties interim U.S. Attorney service to 5 U.S.C. § 3346 and deletes 28 U.S.C. § 546(d), reducing reliance on a separate court-related provision.

Senate-confirmed U.S. Attorney nominees

Nominees could benefit if stricter reliance on the 5 U.S.C. § 3346 time limits increases pressure to move permanent appointments instead of allowing extended interim arrangements under 28 U.S.C. § 546.

Justice Department leadership

Department officials may benefit from having the endpoint for interim service in 28 U.S.C. § 546(c)(2) explicitly keyed to section 3346, which can simplify legal interpretation across vacancy situations.

Supporters of tighter judicial limits

People who believe judges should not play a role in selecting interim prosecutors would benefit because the bill repeals 28 U.S.C. § 546(d) entirely.

Who is affected by H.R. 4984?

Interim United States Attorneys

Their tenure would be governed by the time limitations in 5 U.S.C. § 3346 because 28 U.S.C. § 546(c)(2) is rewritten to use that exact standard.

Federal district courts and judges

They are affected because HR4984 strikes 28 U.S.C. § 546(d) in its entirety, removing a subsection that was part of the existing statutory framework for U.S. Attorney vacancies.

U.S. Attorney offices with vacancies

Offices waiting for permanent leadership would operate under a revised interim-appointment rule in 28 U.S.C. § 546, with service ending based on section 3346’s time limits.

Defendants, victims, and local federal law enforcement partners

They are indirectly affected because leadership turnover in a U.S. Attorney’s office can influence prosecutorial continuity, and this bill changes the legal framework for who can serve during a vacancy.

H.R. 4984 Common Questions

Can federal judges still appoint interim U.S. Attorneys under HR 4984?

No. The No Appointments by Rogue Judges Act repeals 28 U.S.C. 546(d), removing that court-appointment provision for interim U.S. Attorneys (Section 2(2)).

How long can an interim U.S. Attorney serve under the No Appointments by Rogue Judges Act?

An interim U.S. Attorney's service would end when the time limits in 5 U.S.C. 3346 expire, under the No Appointments by Rogue Judges Act (Section 2(1)).

Does HR 4984 tie interim U.S. Attorney terms to the Federal Vacancies Reform Act?

Yes. According to HR 4984 Section 2(1), 28 U.S.C. 546(c)(2) is rewritten to end service at 'the expiration of the time limitations in section 3346.'

What part of federal law does the No Appointments by Rogue Judges Act repeal?

The bill strikes subsection (d) of 28 U.S.C. 546 in full, under the No Appointments by Rogue Judges Act (Section 2(2)).

Which federal prosecutors are affected by HR 4984?

HR 4984 applies to United States Attorneys, because it amends 28 U.S.C. 546, the vacancy statute for U.S. Attorney offices (Section 2).

Does the No Appointments by Rogue Judges Act change 28 U.S.C. 546(c)(2)?

Yes. Under the No Appointments by Rogue Judges Act, Section 2(1) replaces 28 U.S.C. 546(c)(2) with 'the expiration of the time limitations in section 3346.'