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5 U.S.C. § 9206 — Rules of construction
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter may be construed to—
(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
(2) create a private right of action for any person.
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Source location: Title 5, Chapter 92, § 9206; chapter-092-prohibition-on-criminal-history-inquiries-prior-to-conditional-offer.md
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Nothing in this chapter may be construed to—
(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
(2) create a private right of action for any person.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section, the terms “agency”, “criminal history record information”, and “suspension” have the meanings given the terms in [section 9201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9201&num=0&edition=prelim), except as otherwise modified by this section.
**(b) Restrictions on criminal history inquiries**
(1) **In general**
(A) *In general* — Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under [section 9202 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9202&num=0&edition=prelim) if made by an employee of an agency.
(B) *Conditional offer* — For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
(2) **Rules of construction** — The provisions of [section 9206 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9206&num=0&edition=prelim) shall apply to employing offices, consistent with regulations issued under subsection (d).
**(c) Remedy**
(1) **In general** — The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under [section 9204 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9204&num=0&edition=prelim) if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference
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Federal law — U.S. Code and appendices · legal_authorities
Page 1293
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9501
(ii) ensure that all hiring activities con-
ducted pursuant to the regulations are con-
ducted in a manner consistent with relevant
Federal civil rights laws.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a),
Dec. 20, 2019, 133 Stat. 1606.)
Editorial Notes
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec.
(c)(2)(B)(i), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241.
Title VII of the Act is classified generally to sub-
chapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 116–92, div. A, title XI, subtitle B, § 1122(b)(2),
Dec. 20, 2019, 133 Stat. 1608, provided that: ‘‘Section 9202
of title 5, United States Code (as added by this sub-
title), shall take effect on the date that is 2 years after
the date of enactment of this subtitle [Dec. 20, 2019].’’
§ 9203. Agency policies; complaint procedures
The Director of the Office of Personnel Man-
agement shall—
(1) develop, implement, and publish a policy
to assist employees of agencies in complying
with section 9202 and the regulations issued
pursuant to such section; and
(2) establish and publish procedures under
which an applicant for an appointment to a
position in the civil service may submit a
complaint, or any other information, relating
to compliance by an employee of an agency
with section 9202.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a),
Dec. 20, 2019, 133 Stat. 1606.)
§ 9204. Adverse action
(a) FIRST VIOLATION.—If the Director of the Of-
fice of Personnel Management determines
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