---
kind: "section"
citation: "5 U.S.C. § 9201"
title: "5"
title_heading: "Government Organization and Employees"
number: "9201"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9201"
units:
  - "Part III — Employees"
  - "Subpart H — Access to Criminal History Record Information"
  - "Chapter 92 — Prohibition on Criminal History Inquiries Prior to Conditional Offer"
---

# §9201. Definitions


In this chapter—

- (1) the term “[agency](/usc/5/3132.md?p=a-1)” means “[Executive agency](/usc/5/6501.md?p=2)” as such term is defined in [section 105](/usc/5/105.md) and includes—
  - (A) the [United States](/usc/5/7103.md?p=a-18) Postal [Service](/usc/5/8401.md?p=26) and the Postal Regulatory Commission; and
  - (B) the Executive [Office](/usc/5/5402.md?p=3) of the President;
- (2) the term “appointing authority” means an [employee](/usc/5/4701.md?p=a-2) in the executive branch of the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) that has [authority](/usc/5/7103.md?p=a-6) to make appointments to [positions](/usc/5/5102.md?p=a-3) in the civil [service](/usc/5/8401.md?p=26);
- (3) the term “conditional offer” means an offer of employment in a [position](/usc/5/5102.md?p=a-3) in the civil [service](/usc/5/8401.md?p=26) 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)](#4-B) and [(C)](#4-C), has the meaning given the term in [section 9101(a)](/usc/5/9101.md?p=a);
  - (B) includes any information described in the first sentence of [section 9101(a)(2)](/usc/5/9101.md?p=a-2) that has been sealed or expunged pursuant to law; and
  - (C) includes information collected by a criminal justice [agency](/usc/5/3132.md?p=a-1), relating to an act or alleged act of juvenile delinquency, that is analogous to [criminal history record information](#4) (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.

## Source credit

(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1605.)

## Notes

### 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).”