; (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, and the procedures under section 7543(b) of such title do not apply to an action under subsection (a). 3. Employees: removal, demotion, or suspension based on performance or misconduct (a) Authority The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension. If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may— (1) remove the covered individual from the civil service (as defined in section 2101 of title 5, United States Code); (2) 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