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Title 5, Government Organization and EmployeesRelease 119-102

§9201 Definitions

Title 5 › PART III — EMPLOYEES › Subpart H — Access to Criminal History Record Information › CHAPTER 92 — PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER › § 9201

Last updated Aug 21, 2026|Official source

Summary

Defines key terms used in the chapter. Agency means an Executive agency as defined in section 105 and also includes the U.S. Postal Service, the Postal Regulatory Commission, and the Executive Office of the President. Appointing authority means an executive-branch employee who can make civil service appointments. Conditional offer is a job offer that depends on the results of a criminal history check. Criminal history record information means the term in section 9101(a) and also covers sealed or expunged records and juvenile delinquency records that are like criminal records. Suspension means what section 7501 defines.

Full Legal Text

Title 5, §9201

Government Organization and Employees, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 116–92, div. A, title XI, § 1122(b)(1), Dec. 20, 2019, 133 Stat. 1607, provided that: “Not later than 1 year after the date of enactment of this subtitle [subtitle A of title XI of div. A of Pub. L. 116–92, approved Dec. 20, 2019], the Director of the Office of Personnel Management shall issue such

Regulations

as are necessary to carry out chapter 92 of title 5, United States Code (as added by this subtitle).”

Reference

Citations & Metadata

Citation

5 U.S.C. § 9201

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102