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

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

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

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Source location: Title 2, Chapter 24, § 1316b; chapter-024-congressional-accountability.md

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**(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 in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1312&num=0&edition=prelim). (2) **Process for obtaining relief** — An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of subchapter IV (other than section 1407 or 1408 of this title, or a provision of this subchapter that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d). **(d) Regulations to implement section** (1) **In general** — Not later than 18 months after December 20, 2019, the Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section. (2) **Parallel with agency regulations** — The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 11 See References in Text note below. to implement the statutory provisions referred to in subsections (a) through (c) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. **(e) Effective date** [Section 1302(a)(12) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1302/a/12&num=0&edition=prelim) and subsections (a) through (c) shall take effect on the date on which [section 9202 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9202&num=0&edition=prelim) applies with respect to agencies.

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

5 U.S.C. § 9206 — Rules of construction

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

2 U.S.C. § 1317 — Prohibition of intimidation or reprisal

**(a) In general** It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter. **(b) Remedy** The remedy available for a violation of subsection (a) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).

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2 U.S.C. § 1384 — Substantive regulations

**(a) Regulations** (1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section. (2) **Rulemaking procedure** — Such regulations of the Board— (A) shall be adopted, approved, and issued in accordance with subsection (b); and (B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to— (i) the Senate and employees of the Senate; (ii) the House of Representatives and employees of the House of Representatives; and (iii) all other covered employees and employing offices. **(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection: (1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th

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5 U.S.C. § 9204 — Adverse action

**(a) First Violation.—** If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall— (1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and (2) file such warning in the employee’s official personnel record file. **(b) Subsequent Violations.—** If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action: (1) For a second violation, suspension of the employee for a period of not more than 7 days. (2) For a third violation, suspension of the employee for a period of more than 7 days. (3) For a fourth violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $250. (4) For a fifth violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $500. (5) For any subsequent violation— (A) suspension of the employee for a period of more than 7 days; and (B) a civil penalty against the employee in an amount that is not more than $1,000.

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

5 U.S.C. § 9201 — Definitions

In this chapter— (1) the term “agency” means “Executive agency” as such term is defined in section 105 and includes— (A) the United States Postal Service and the Postal Regulatory Commission; and (B) the Executive Office of the President; (2) the term “appointing authority” means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service; (3) the term “conditional offer” means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry; (4) the term “criminal history record information”— (A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a); (B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and (C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and (5) the term “suspension” has the meaning given the term in section 7501.

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

2 U.S.C. § 1312 — Rights and protections under Family and Medical Leave Act of 1993

**(a) Family and medical leave rights and protections provided** (1) **In general** — The rights and protections established by sections 101 through 105 of 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) through 2615) shall apply to covered employees. In applying section 102 of such Act [[29 U.S.C. 2612](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612&num=0&edition=prelim)] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [[29 U.S.C. 2612(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612/a/1&num=0&edition=prelim), (4)] shall be subject to subsection (d) of this section. (2) **Definitions** — For purposes of the application described in paragraph (1)— (A) the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office, and (B) the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months. The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ([29 U.S.C. 2612(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2612/a/1&num=0&edition=prelim)). **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appr

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26 U.S.C. § 62 — Adjusted gross income defined

**(a) General rule** For purposes of this subtitle, the term “adjusted gross income” means, in the case of an individual, gross income minus the following deductions: (1) **Trade and business deductions** — The deductions allowed by this chapter (other than by part VII of this subchapter) which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee. (2) **Certain trade and business deductions of employees** (A) *Reimbursed expenses of employees* — The deductions allowed by part VI (section 161 and following) which consist of expenses paid or incurred by the taxpayer, in connection with the performance by him of services as an employee, under a reimbursement or other expense allowance arrangement with his employer. The fact that the reimbursement may be provided by a third party shall not be determinative of whether or not the preceding sentence applies. (B) *Certain expenses of performing artists* — The deductions allowed by section 162 which consist of expenses paid or incurred by a qualified performing artist in connection with the performances by him of services in the performing arts as an employee. (C) *Certain expenses of officials* — The deductions allowed by section 162 which consist of expenses paid or incurred with respect to services performed by an official as an employee of a State or a political subdivision thereof in a position compensated in whole or in part on a fee basis. (D) *Certain expenses of elementary and secondary school teachers* — The deductions allowed by section 162 which consist of expenses, not in excess of $250, paid or incurred by an eligible educator— (i) by reason of the participation of the educator

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5 U.S.C. § 101 — Executive departments

The Executive departments are:

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2 U.S.C. § 1316b — Rights and protections relating to crimi-

Page 315 TITLE 2—THE CONGRESS § 1316b 5 in the case of a violation of the relevant cor- responding provision (referred to in paragraph (2)) of such title. (B) Procedure The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [2 U.S.C. 1401] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [2 U.S.C. 1311 et seq.]. (4) Regulations to implement section (A) In general The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), issue regulations to implement this section. (B) Agency regulations The regulations issued under subparagraph (A) shall be the same as the most relevant sub- stantive regulations (applicable with respect to the executive branch) promulgated to im- plement the statutory provisions referred to in paragraph (2) except insofar as the Board may determine, for good cause shown and stat- ed together with the regulation, that a modi- fication of such regulations would be more ef- fective for the implementation of the rights and protections under this section. (C) Coordination The regulations issued under subparagraph (A) shall be consistent with section 225 of the Congressional Accountability Act of 1995 (2 U.S.C. 1361). (5) Applicability Notwithstanding any other provision of this section, the term ‘‘covered employee’’ shall not, for purposes of this section, include an em- ployee— (A) whose appointment is made by the Presi- dent with the advice and consent of the Sen- ate; (B) whose appointment is made by a Member of Congress or by a committee or sub- committee of either House of Congress; or (C) who is

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