§9202. Limitations on requests for criminal history record information — Inbound Citations

Citations to 5 U.S.C. § 9202 as a whole

• 2 U.S.C. § 1302(a)(12)

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  (12) Section 9202 of title 5.¹
• 2 U.S.C. § 1316b(b)(1)(A)

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  (A) 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 if made by an employee of an agency.
• 2 U.S.C. § 1316b(e)

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  (e) Section 1302(a)(12) of this title and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.
• 5 U.S.C. § 9203(1)

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  (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
• 5 U.S.C. § 9204(a)

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  (a) 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.
• 5 U.S.C. § 9204(b)

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  (b) 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.
• 28 U.S.C. § 604(i)(2)

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  (2) A covered employee 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 if made by an employee of an agency.
• 28 U.S.C. § 604(i)(6)

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  (6) Paragraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.