5 U.S.C. § 9204

1. (a)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. (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. (2)file such warning in the employee’s official personnel record file.
2. (b)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. (1)For a second violation, suspension of the employee for a period of not more than 7 days.
   2. (2)For a third violation, suspension of the employee for a period of more than 7 days.
   3. (3)For a fourth violation—
      1. (A)suspension of the employee for a period of more than 7 days; and
      2. (B)a civil penalty against the employee in an amount that is not more than $250.
   4. (4)For a fifth violation—
      1. (A)suspension of the employee for a period of more than 7 days; and
      2. (B)a civil penalty against the employee in an amount that is not more than $500.
   5. (5)For any subsequent violation—
      1. (A)suspension of the employee for a period of more than 7 days; and
      2. (B)a civil penalty against the employee in an amount that is not more than $1,000.