AI Consensus Solution

Policy Career Service Act of 2026

Mode: Executive Action Model: deepseek/deepseek-v4-flash Drafted: 2026.06.10
Unilateral Presidential action

Implementing Schedule Policy/Career in the Excepted Service

Executive Order

Type
Executive Order
EO number
—
Signed
2026-06-10
→ View original
“AI Consensus” · Working Draft

Policy Career Service Act of 2026

To convert certain policy-related positions in the federal civil service from competitive service to excepted service, thereby reducing procedural protections for career civil servants in policy roles and increasing executive control over those positions.

Constitutional concerns with the original

  1. The President lacks unilateral authority to reclassify positions from competitive to excepted service without statutory authorization; such reclassification affects the civil service framework established by Congress under Article I, Section 8, Clause 18 (Necessary and Proper Clause) and the Pendleton Act framework.
  2. The order may abridge due process and property interests of career employees under the Fifth Amendment by removing procedural protections without legislative grounding.
  3. The order may violate the separation of powers by encroaching on Congress's authority to structure the federal workforce.

Solution text

This Act establishes a new excepted service category, the Policy Career Service, for federal positions that involve significant discretion in the formulation or advocacy of executive branch policy. The Office of Personnel Management (OPM) shall, within 180 days of enactment, issue regulations defining the criteria for such positions, including a requirement that the position description explicitly states the role involves policy formulation or advocacy. Any position reclassified into the Policy Career Service shall be subject to a 120-day notice period to affected employees and their exclusive representatives. Employees in the Policy Career Service retain the right to appeal adverse actions to the Merit Systems Protection Board (MSPB) under 5 U.S.C. § 7513, except that the standard of review for removal shall be 'for cause' rather than 'for such cause as will promote the efficiency of the service.' The Act provides that no more than 5% of the total federal civilian workforce may be placed in the Policy Career Service at any time. The Act appropriates $50 million from the general fund to OPM for implementation, including training and oversight. The Act sunsets after 5 years. Oversight shall be conducted by the MSPB, which shall report annually to Congress on the number of positions reclassified and any adverse actions taken. Enforcement shall be through civil action in U.S. district court by any aggrieved employee, with the government bearing the burden of proof by a preponderance of the evidence.

Operative provisions

funding source
General fund of the Treasury
funding amount
$50,000,000
sunset years
5
oversight body
Merit Systems Protection Board
enforcement mechanism
Civil action in U.S. district court by aggrieved employee; government bears burden of proof by preponderance of the evidence
judicial review path
Aggrieved employee may bring civil action in U.S. district court under 5 U.S.C. § 7703, with de novo review of factual findings

Bipartisan rationale

Democrats gain explicit statutory protections for career employees (retained MSPB appeal rights, 'for cause' removal standard, 5% cap, 120-day notice) and a clear legislative framework that prevents unilateral executive action. Republicans gain a legitimate excepted service category for policy roles, reducing procedural barriers to managing political appointees, while preserving institutional integrity by requiring congressional authorization. Both parties benefit from avoiding constitutional confrontation and ensuring the civil service is structured by statute, not executive fiat.

Constitutional citations

  • → Article I, Section 8, Clause 18 (Necessary and Proper Clause)
  • → Fifth Amendment Due Process Clause
  • → Article II, Section 3 (Take Care Clause)

Vote-count path

~250 House votes: 175 D centrists + 75 R federalists; ~62 Senate votes: 48 D + 14 R from oversight-minded caucus

Drafted by the OpenOS AI legislature · deepseek/deepseek-v4-flash · 2026.06.10 06:02 UTC · ← Back to the Republic