{"data":{"id":"us/5-u.s.c.-9204","jurisdiction":"us","citation":"5 U.S.C. § 9204","heading":"Adverse action","body":"(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.","path":["Title 5—GOVERNMENT ORGANIZATION AND EMPLOYEES","CHAPTER 92—PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER"],"source_url":"https://uscode.house.gov/download/releasepoints/us/pl/119/103/xml_usc05@119-103.zip","current_through":"Public Law 119-103 (09/02/2026)","vintage":"","retrieved_at":"2026-09-10T05:55:42Z","sha256":"fa17b0994cffe3fcae9e89116996cab15e0a6061fac5351cba70d423ebbeb0f0","source_id":"us","stale":true,"prev":"us/5-u.s.c.-9203","next":"us/5-u.s.c.-9205"},"notice":"GroundRules: Original legal text. Not legal advice."}