---
kind: "section"
citation: "5 U.S.C. § 9204"
title: "5"
title_heading: "Government Organization and Employees"
number: "9204"
heading: "Adverse action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9204"
units:
  - "Part III — Employees"
  - "Subpart H — Access to Criminal History Record Information"
  - "Chapter 92 — Prohibition on Criminal History Inquiries Prior to Conditional Offer"
---

# §9204. Adverse action

- (a) **First Violation.—** If the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an [employee](/usc/5/4701.md?p=a-2) of an [agency](/usc/5/3132.md?p=a-1) has violated [section 9202](/usc/5/9202.md), the [Director](/usc/5/8401.md?p=8) shall—
  - (1) issue to the [employee](/usc/5/4701.md?p=a-2) 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](/usc/5/4701.md?p=a-2)’s official personnel record file.
- (b) **Subsequent Violations.—** If the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an [employee](/usc/5/4701.md?p=a-2) that was subject to [subsection (a)](#a) has committed a subsequent violation of [section 9202](/usc/5/9202.md), the [Director](/usc/5/8401.md?p=8) may take the following action:
  - (1) For a second violation, [suspension](/usc/5/9201.md?p=5) of the [employee](/usc/5/4701.md?p=a-2) for a period of not more than 7 days.
  - (2) For a third violation, [suspension](/usc/5/9201.md?p=5) of the [employee](/usc/5/4701.md?p=a-2) for a period of more than 7 days.
  - (3) For a fourth violation—
    - (A) [suspension](/usc/5/9201.md?p=5) of the [employee](/usc/5/4701.md?p=a-2) for a period of more than 7 days; and
    - (B) a civil penalty against the [employee](/usc/5/4701.md?p=a-2) in an amount that is not more than $250.
  - (4) For a fifth violation—
    - (A) [suspension](/usc/5/9201.md?p=5) of the [employee](/usc/5/4701.md?p=a-2) for a period of more than 7 days; and
    - (B) a civil penalty against the [employee](/usc/5/4701.md?p=a-2) in an amount that is not more than $500.
  - (5) For any subsequent violation—
    - (A) [suspension](/usc/5/9201.md?p=5) of the [employee](/usc/5/4701.md?p=a-2) for a period of more than 7 days; and
    - (B) a civil penalty against the [employee](/usc/5/4701.md?p=a-2) 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.)