; (ii) a chief medical officer; and (iii) a department director. (3) Misconduct The term misconduct means neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. (4) Personnel action The term personnel action means a removal, transfer, or reduction in grade under subsection (b)(2). (5) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Service. (6) Senior executive The term senior executive means a career appointee (as that term is defined in section 3132(a) of title 5, United States Code). (7) Senior Executive Service position The term Senior Executive Service position has the meaning given the term in section 3132(a) of title 5, United States Code. (8) Supervisor The term supervisor has the meaning given the term in section 7103(a) of title 5, United States Code. (b) Removal based on performance or misconduct (1) In general Subject to paragraph (4), the Secretary may remove an employee of the Service from the position the employee occupies if the Secretary determines the performance or misconduct of the employee warrants removal. (2) Action If the Secretary removes an employee under paragraph (1), the Secretary may— (A) remove the employee from the civil service (as defined in section 2101 of title 5, United States Code); (B) in the case of an individual described in paragraph (3), transfer the individual from the Senior Executive Service position to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate