Fabio
00a184bb3c
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
64 lines
2.6 KiB
Markdown
64 lines
2.6 KiB
Markdown
---
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type: "LegalText"
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title: "5 U.S.C. § 9204"
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description: "Adverse action"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "92"
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chapter_name: "PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER"
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section: "9204"
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citation: "5 U.S.C. § 9204"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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source_identifier: "/us/usc/t5/s9204"
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "d58f7b5b107857c874a926952c039e645d99e855ea9ae9403942f46e18603951"
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "c17018ab8b926284de199d18ffbc080800c8c1463a3316a3d1bad67fef18d655"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 9204 - Adverse action
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## Text
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(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—
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(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
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(2) file such warning in the employee’s official personnel record file.
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(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:
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(1) For a second violation, suspension of the employee for a period of not more than 7 days.
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(2) For a third violation, suspension of the employee for a period of more than 7 days.
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(3) For a fourth violation—
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(A) suspension of the employee for a period of more than 7 days; and
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(B) a civil penalty against the employee in an amount that is not more than $250.
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(4) For a fifth violation—
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(A) suspension of the employee for a period of more than 7 days; and
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(B) a civil penalty against the employee in an amount that is not more than $500.
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(5) For any subsequent violation—
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(A) suspension of the employee for a period of more than 7 days; and
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(B) a civil penalty against the employee in an amount that is not more than $1,000.
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(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1606.)
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