U.S. Senators Mike Lee (R-Utah) and Josh Hawley (R-Mo.) introduced a bill that would give presidents more control over the administrative state. The Take Care Act, introduced on June 5, 2019, would repeal limitations on the president’s authority to remove Senate-confirmed officials in the executive branch and at independent agencies. The bill aims to make agencies more accountable by allowing new presidents to control agency leadership.

 

After the U.S. Supreme Court decided Humphrey’s Executor in 1935, several laws kept the president from being able to remove agency officials at-will. Under the Take Care Act, Congress would have to pass new laws to restrict presidential removal power in the future. If passed, the Take Care Act would go into effect on January 20, 2021, after the next presidential election.