; (B) obtained without procedures required by a provision of law having been followed; or (C) unsupported by substantial evidence. (c) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, does not apply to an action under subsection (a). (d) Definitions In this section: (1) Covered individual The term covered individual means a career appointee (as that term is defined in section 3132(a) of title 5, United States Code). (2) Misconduct The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. (3) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Service. (4) Senior executive position The term senior executive position means a Senior Executive Service position (as that term is defined in section 3132(a) of title 5, United States Code). 607. Improved authorities of secretary to improve accountability of employees of the Indian Health Service (a) In general (1) Authority The Secretary may remove, demote, or suspend a covered individual who is an employee of the Service if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension. (2) Actions If the Secretary removes, demotes, or suspends a covered individual pursuant to paragraph (1), the Secretary may— (A) remove the covered individual from the civil service (as defined in section 2101 of title 5, United States Code); (B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual