5 USC § 9204 - Adverse action

---
identifier: "/us/usc/t5/s9204"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 9204 - Adverse action"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "9204"
section_name: "Adverse action"
chapter_number: 92
chapter_name: "PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)"
---


# § 9204. Adverse action

**(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.

---

**Source Credit**: (Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)