II 

116TH CONGRESS 

1ST SESSION S. 1753 

To promote accountability and effective administration in the execution of 

laws by restoring the original understanding of the President’s constitutional power to remove subordinates from office. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Mr. LEE (for himself and Mr. HAWLEY) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To promote accountability and effective administration in 

the execution of laws by restoring the original understanding of the President’s constitutional power to remove subordinates from office. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Take Care Act’’. 

5 SEC. 2. DEFINITIONS. 

6 As used in this Act: 


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1 (1) AT-WILL REMOVAL.—The term ‘‘at-will re2 moval’’ means the power to remove a Principal offi3 cer with or without cause. 

4 (2) FOR-CAUSE REMOVAL PROTECTION.—The 

5 term ‘‘for-cause removal protection’’ means any limi6 tation on the President’s power to remove a Prin7 cipal officer, without regard to whether the limita8 tion is derived or inferred from express statutory 

9 text, the structure of an agency, the functions and 

10 responsibilities assigned to an agency, historical 

11 practice, judicial precedent, or regulation. 

12 (3) PRINCIPAL OFFICER.—The term ‘‘Principal 

13 officer’’ means an officer who is required by article 

14 II, section 2, clause 2 of the Constitution of the 

15 United States to be appointed by the President by 

16 and with the advice and consent of the Senate. 

17 SEC. 3. ELIMINATING EXISTING FOR-CAUSE REMOVAL PRO18 TECTIONS. 

19 Notwithstanding any other provision of law, with re20 spect to any Principal officer for whom for-cause removal 

21 protection is in effect immediately before this Act takes 

22 effect— 

23 (1) such for-cause removal protection shall 

24 cease to have force or effect; and 


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1 (2) such officer shall be subject to at-will re2 moval by the President, 

3 effective in accordance with section 7. 

4 SEC. 4. PROSPECTIVELY LIMITING FOR-CAUSE REMOVAL 

5 PROTECTIONS. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, all Principal officers, whether the office was 

8 established before this Act takes effect or is created or 

9 otherwise authorized on or after this Act takes effect, shall 

10 be subject to at-will removal by the President, unless an 

11 Act of Congress enacted after this Act takes effect estab12 lishes for-cause removal protection in accordance with sub13 section (b). 

14 (b) RULE OF CONSTRUCTION.—No Principal officer 

15 shall have for-cause removal protection unless an Act of 

16 Congress enacted after this Act takes effect— 

17 (1) expressly establishes for-cause removal pro18 tection for such officer; and 

19 (2) declares explicitly and with specificity that 

20 its provisions supersede this Act. 

21 SEC. 5. DIRECTIVE AUTHORITY. 

22 Notwithstanding any other provision of law, an Act 

23 of Congress that vests discretionary decision-making au24 thority in an executive branch officer other than the Presi25 dent, or that designates an agency to be an independent 


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1 agency or an independent establishment, shall not be con2 strued as a limitation on the President’s power to super3 vise and direct the exercise of such discretionary decision4 making authority. 

5 SEC. 6. REPEAL AND AMENDMENT OF CERTAIN OTHER 

6 PROVISIONS OF LAW. 

7 (a) IN GENERAL.— 

8 (1) Chapter 12 of title 5, United States Code, 

9 is amended— 

10 (A) in the table of sections, by striking the 

11 item relating to section 1205; 

12 (B) in section 1202, by striking subsection 

13 (d); 

14 (C) by striking section 1205; and 

15 (D) in section 1211(b), by striking the 

16 fifth sentence. 

17 (2) Section 7104(b) of title 5, United States 

18 Code, is amended in the first sentence by striking ‘‘, 

19 and may be’’ and all that follows through ‘‘in of20 fice’’. 

21 (3) Section 2(a)(10)(B) of the Commodity Ex22 change Act (7 U.S.C. 2(a)(10)(B)) is amended by 

23 striking the second and third sentences. 

24 (4) The second undesignated paragraph of sec25 tion 10 of the Federal Reserve Act (12 U.S.C. 242) 


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1 is amended in the second sentence by striking ‘‘, un2 less sooner removed for cause by the President’’. 

3 (5) Section 111 of Public Law 93–495 (12 

4 U.S.C. 250) is repealed. 

5 (6) Section 1312(b)(2) of the Federal Housing 

6 Enterprises Financial Safety and Soundness Act of 

7 1992 (12 U.S.C. 4512(b)(2)) is amended by striking 

8 ‘‘for cause’’. 

9 (7) The Consumer Financial Protection Act of 

10 2010 (12 U.S.C. 5481 et seq.) is amended— 

11 (A) in section 1011(c) (12 U.S.C. 

12 5491(c)), by striking paragraph (3); 

13 (B) in section 1012(c) (12 U.S.C. 

14 5492(c))— 

15 (i) by striking paragraph (4); and 

16 (ii) by redesignating paragraph (5) as 

17 paragraph (4); and 

18 (C) in section 1017(a)(4) (12 U.S.C. 

19 5497(a)(4))— 

20 (i) by striking subparagraph (E); and 

21 (ii) by redesignating subparagraph 

22 (F) as subparagraph (E). 

23 (8) The first section of the Federal Trade Com24 mission Act (15 U.S.C. 41) is amended by striking 

25 the sixth sentence. 


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1 (9) The Consumer Product Safety Act (15 

2 U.S.C. 2051 et seq.) is amended— 

3 (A) in section 4(a) (15 U.S.C. 2053(a)), by 

4 striking the last sentence; and 

5 (B) in section 27(k)(2) (15 U.S.C. 

6 2076(k)(2)), by striking the second sentence. 

7 (10) The Tennessee Valley Authority Act of 

8 1933 (16 U.S.C. 831 et seq.) is amended— 

9 (A) in section 4 (16 U.S.C. 831c) in the 

10 undesignated matter following subsection (f), by 

11 striking ‘‘: Provided,’’ and all that follows 

12 through ‘‘Representatives’’; and 

13 (B) in section 6 (16 U.S.C. 831e), by 

14 striking the second sentence. 

15 (11) Section 1706 of the United States Insti16 tute of Peace Act (22 U.S.C. 4605) is amended— 

17 (A) by striking subsection (f); and 

18 (B) by redesignating subsections (g) 

19 through (j) as subsections (f) through (i), re20 spectively. 

21 (12) Section 3(a) of the National Labor Rela22 tions Act (29 U.S.C. 153(a)) is amended by striking 

23 the last sentence. 


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1 (13) Section 12(b) of the Occupational Safety 

2 and Health Act of 1970 (29 U.S.C. 661(b)) is 

3 amended by striking the second sentence. 

4 (14) Section 113(b)(1) of the Federal Mine 

5 Safety and Health Act of 1977 (30 U.S.C. 

6 823(b)(1)) is amended by striking the matter fol7 lowing subparagraph (B). 

8 (15) Section 202(a)(1) of title 39, United 

9 States Code, is amended in the fifth sentence by 

10 striking ‘‘, and may be removed only for cause’’. 

11 (16) Section 502(a) of title 39, United States 

12 Code, is amended in the second sentence by striking 

13 ‘‘, and may be removed by the President only for 

14 cause’’. 

15 (17) Section 702(a)(3) of the Social Security 

16 Act (42 U.S.C. 902(a)(3)) is amended by striking 

17 the fourth sentence. 

18 (18) Section 1004 of the Legal Services Cor19 poration Act (42 U.S.C. 2996c) is amended— 

20 (A) by striking subsection (e); and 

21 (B) by redesignating subsections (f), (g), 

22 and (h) as subsections (e), (f), and (g), respec23 tively. 


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1 (19) Section 201(e) of the Energy Reorganiza2 tion Act of 1974 (42 U.S.C. 5841(e)) is amended by 

3 striking the first sentence. 

4 (20) Section 112(r)(6) of the Clean Air Act (42 

5 U.S.C. 7412(r)(6)) is amended— 

6 (A) in subparagraph (B), by striking the 

7 fourth sentence; and 

8 (B) in subparagraph (R), by striking ‘‘No 

9 report’’ and all that follows through ‘‘malfea10 sance in office.’’. 

11 (21) Section 204 of the State Justice Institute 

12 Act of 1984 (42 U.S.C. 10703) is amended— 

13 (A) by striking subsection (h); and 

14 (B) by redesignating subsections (i), (j), 

15 and (k) as subsections (h), (i), and (j), respec16 tively. 

17 (22) The first paragraph of section 4 of the 

18 Railway Labor Act (45 U.S.C. 154) is amended by 

19 striking the third undesignated subparagraph. 

20 (23) Section 301(b) of title 46, United States 

21 Code, is amended by striking paragraph (5). 

22 (24) Section 1111(c) of title 49, United States 

23 Code, is amended— 

24 (A) in the subsection heading, by striking 

25 ‘‘AND REMOVAL’’; and 


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1 (B) by striking the fourth sentence. 

2 (25) Section 1113(c) of title 49, United States 

3 Code, is amended by striking the second sentence. 

4 (b) RULE OF CONSTRUCTION.—The fact that a provi5 sion of law in effect immediately before this Act takes ef6 fect that provides for-cause removal protection for a Prin7 cipal officer is not repealed under the amendments made 

8 by subsection (a) shall not be construed to— 

9 (1) supersede section 3 of this Act; or 

10 (2) continue the force or effect of such provi11 sion of law. 

12 SEC. 7. EFFECTIVE DATE. 

13 This Act and the amendments made by this Act shall 

14 take effect at noon on January 20, 2021. 

Æ 


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