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5 U.S.C. § 9204 — Adverse action
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-9204-adverse-action--2114fadeb0.md
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Source location: Title 5, Chapter 92, § 9204; chapter-092-prohibition-on-criminal-history-inquiries-prior-to-conditional-offer.md
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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—
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section, the terms “agency”, “criminal history record information”, and “suspension” have the meanings given the terms in [section 9201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9201&num=0&edition=prelim), except as otherwise modified by this section.
**(b) Restrictions on criminal history inquiries**
(1) **In general**
(A) *In general* — Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under [section 9202 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9202&num=0&edition=prelim) if made by an employee of an agency.
(B) *Conditional offer* — For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
(2) **Rules of construction** — The provisions of [section 9206 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9206&num=0&edition=prelim) shall apply to employing offices, consistent with regulations issued under subsection (d).
**(c) Remedy**
(1) **In general** — The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under [section 9204 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9204&num=0&edition=prelim) if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:
(1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.
(4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j
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Federal law — U.S. Code and appendices · legal_authorities
Page 1293
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9501
(ii) ensure that all hiring activities con-
ducted pursuant to the regulations are con-
ducted in a manner consistent with relevant
Federal civil rights laws.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a),
Dec. 20, 2019, 133 Stat. 1606.)
Editorial Notes
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec.
(c)(2)(B)(i), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241.
Title VII of the Act is classified generally to sub-
chapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 2000a of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 116–92, div. A, title XI, subtitle B, § 1122(b)(2),
Dec. 20, 2019, 133 Stat. 1608, provided that: ‘‘Section 9202
of title 5, United States Code (as added by this sub-
title), shall take effect on the date that is 2 years after
the date of enactment of this subtitle [Dec. 20, 2019].’’
§ 9203. Agency policies; complaint procedures
The Director of the Office of Personnel Man-
agement shall—
(1) develop, implement, and publish a policy
to assist employees of agencies in complying
with section 9202 and the regulations issued
pursuant to such section; and
(2) establish and publish procedures under
which an applicant for an appointment to a
position in the civil service may submit a
complaint, or any other information, relating
to compliance by an employee of an agency
with section 9202.
(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 Of-
fice of Personnel Management determines
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