5 U.S. Code § 9204
5 U.S. Code § 9204 is about Adverse action. It is under Chapter 92 (Prohibition On Criminal History Inquiries Prior To Conditional Offer) of Subpart H (Access to Criminal History Record Information) of Part III (Employees) of Title 5 (Government Organizations and Employees) of the Code.
(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.
