Executive Order 13764-Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters
Issued 2017-01-17 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order updates the rules governing how the federal government screens people for government jobs and security clearances. It standardizes the processes agencies use to determine whether job applicants and current employees are suitable for federal employment based on factors like character, conduct, loyalty, trustworthiness, and reliability. The order amends existing Civil Service Rules to give the Office of Personnel Management authority to set consistent standards across government agencies for conducting background investigations and making decisions about who qualifies for different types of federal positions.
The order affects anyone applying for or working in competitive service positions (most regular federal jobs), certain excepted service positions, and Senior Executive Service roles. It establishes that the government can require different levels of background investigation depending on the position's risk level, and sets up procedures for agencies to accept each other's investigations and clearance decisions. The changes apply throughout the executive branch, with some exceptions for intelligence community positions.
This matters because it creates a more uniform system for vetting federal workers across different agencies, rather than having each department use completely separate standards. The order aims to ensure consistent evaluation of whether government employees meet requirements for good character and conduct, while allowing investigations to continue after someone is hired to verify they still meet those standards.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13764 ("Executive Order 13764-Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters") addresses federal workforce policy. The stated rationale: "that individuals continue to meet the applicable standards for the position for which they were favorably adjudicated." As head of the executive branch, the President has authority under Article II to manage federal personnel, including directing hiring practices, setting workforce priorities, and establishing management policies across agencies.
These orders must operate within civil service laws, collective bargaining agreements, and statutory protections for federal employees. Orders that attempt to unilaterally change civil service protections or override collective bargaining rights face legal challenges, but routine workforce management directives fall within clear executive authority.
Official Summary
Administration of Barack Obama, 2017 Executive Order 13764—Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters January 17, 2017 By the authority vested in me as President by the Constitution and the laws of the United States of America, and as part of continuing efforts to modernize the overarching executive branch enterprise to ensure that all persons performing work for or on behalf of the Government are and continue to be loyal to the United States, reliable, trustworthy, and of good conduct and character, and by using mutually consistent standards and procedures, it is hereby ordered as follows: Section 1. Amendments to the Civil Service Rules. (a) Civil Service Rule II is amended as follows: (i) The title to 5 CFR Part 2 is revised to read as follows: "PART 2—APPOINTMENT THROUGH THE COMPETITIVE SERVICE; RELATED MATTERS (RULE II)" (ii) The title to 5 CFR 2.1 is revised to read as follows: "§2.1 Competitive examinations and eligible registers; suitability and fitness for civil service employment."