Section 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.Added Pub. L. 116-92, §1122, 133 Stat. 1606. - agency
- the term "agency" means "Executive agency" as such term is defined in section 105 and includes-(A) the United States Postal Service and the Postal Regulatory Commission; and(B) the Executive Office of the President;