removal, demotion, or suspension based on performance or misconduct (a) Authority (1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action. (2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5). (b) Rights and procedures (1) A covered individual who is the subject of an action under subsection (a) is entitled to— (A) advance notice of the action