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5 U.S.C. § 9202 — Limitations on requests for criminal history record information

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 9202 — Limitations on requests for criminal history record information

**(a) Inquiries Prior to Conditional Offer.—** Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant. **(b) Otherwise Required by Law.—** The prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. **(c) Exception for Certain Positions.—** (1) **In general.—** — The prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position— (A) that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A); (B) as a Federal law enforcement officer (as defined in [section 115(c) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115/c&num=0&edition=prelim)); or (C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2). (2) **Regulations.—** (A) *Issuance.—* — The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors,

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Source location: Title 5, Chapter 92, § 9202; chapter-092-prohibition-on-criminal-history-inquiries-prior-to-conditional-offer.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000a — Prohibition against discrimination or segregation in places of public accommodation

**(a) Equal access** All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. **(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments** Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such cove

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4657 — Prohibition on criminal history inquiries by contractors prior to conditional offer

**(a) Limitation on Criminal History Inquiries.—** (1) **In general.—** — Except as provided in paragraphs (2) and (3), the head of an agency— (A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and (B) shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant. (2) **Otherwise required by law.—** — The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. (3) **Exception for certain positions.—** (A) *In general.—* — The prohibition under paragraph (1) does not apply with respect to— (i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or (ii) a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B). (B) *Regulations.—* (i) *Issuance.—* — Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Secretary of Defense, in consultation with the Administrator of General Services, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall no

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1302 — Application of laws

**(a) Laws made applicable** The following laws shall apply, as prescribed by this chapter, to the legislative branch of the Federal Government: (1) The Fair Labor Standards Act of 1938 ([29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.). (2) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.). (4) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.). (5) The Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.). (6) The Occupational Safety and Health Act of 1970 ([29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.). (7) Chapter 71 (relating to Federal service labor-management relations) of title 5. (8) The Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2001&num=0&edition=prelim) et seq.). (9) The Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101&num=0&edition=prelim) et seq.). (10) The Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-s

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1316b — Rights and protections relating to criminal history inquiries

**(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

28 U.S.C. § 604 — Duties of Director generally

**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall: (1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts; (2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts; (3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents. (4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section; (5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4714 — Prohibition on criminal history inquiries by contractors prior to conditional offer

**(a) Limitation on Criminal History Inquiries.—** (1) **In general.—** — Except as provided in paragraphs (2) and (3), an executive agency— (A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and (B) shall require, as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant. (2) **Otherwise required by law.—** — The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. (3) **Exception for certain positions.—** (A) *In general.—* — The prohibition under paragraph (1) does not apply with respect to— (i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or (ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B). (B) *Regulations.—* (i) *Issuance.—* — Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e — Definitions

Page 5261 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000e part of the Civil Rights Act of 1964, title VI of which comprises this subchapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted for ‘‘Depart- ment of Health, Education, and Welfare’’ in subsec. (d) pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of Title 20, Edu- cation, and which transferred functions and offices (re- lating to education) of Department and Secretary of Health, Education, and Welfare to Secretary of Edu- cation. § 2000d–7. Civil rights remedies equalization (a) General provision (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. (2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or pri- vate entity other than a State. (b) Effective date The provisions of subsection (a) shall take ef- fect with respect to violations that occur in whole or in part after October 21, 1986. (Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100 Stat. 1845.) Editorial Notes REFERENCES IN

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 9202 — Limitations on requests for criminal his-

Page 1292 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9201 ducted by the Department of Defense, the Office of Per- sonnel Management, or the Central Intelligence Agen- cy, for the purposes specified in paragraph (b)(1) of sec- tion 9101 of title 5, United States Code, as added by this Act.’’ TERMINATION DATE OF SUBSECTION (b)(3) OF THIS SECTION Pub. L. 100–453, title I, § 101(d), Sept. 29, 1988, 102 Stat. 1904, extended the expiration date provided in section 803(b) of Pub. L. 99–169, formerly set out below, until Dec. 31, 1989. Pub. L. 99–169, title VIII, § 803(b), Dec. 4, 1985, 99 Stat. 1011, provided that subsec. (b)(3) of this section expired three years after Dec. 4, 1985. REPORT TO CONGRESSIONAL COMMITTEES ON EFFECT OF PROVISIONS FOR INDEMNIFICATION AGREEMENTS Pub. L. 99–169, title VIII, § 803(a), Dec. 4, 1985, 99 Stat. 1010, as amended by Pub. L. 99–569, title IV, § 402(b), Oct. 27, 1986, 100 Stat. 3196, directed Department of Justice, within two years after Dec. 4, 1985, and after consulta- tion with Department of Defense, Office of Personnel Management, Central Intelligence Agency, and Federal Bureau of Investigation, to report to appropriate com- mittees of Congress concerning the effect of 5 U.S.C. 9101(b)(3), as added by this Act, including the effect of the absence of indemnification agreements upon States and localities not eligible under 5 U.S.C. 9101(b)(3) for such agreements. CHAPTER 92—PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDI- TIONAL OFFER Sec. 9201. Definitions. 9202. Limitations on requests for criminal history record information. 9203. Agency policies; complaint procedures. 9204. Adverse action. 9205. Procedures. 9206. Rules of construction. § 9201. Definitions In this chapter— (1) the te

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