(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.