1. Short title This Act may be cited as the Restore Department of Veterans Affairs Accountability Act of 2023 or the Restore VA Accountability Act of 2023 . 2. Supervisors: removal, demotion, or suspension based on performance or misconduct (a) Discipline of supervisors (1) In general Title 38, United States Code, is amended by inserting after section 711 the following: 712. Supervisors: removal, demotion, or suspension based on performance or misconduct (a) In general The Secretary may remove from civil service, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines by substantial evidence that the performance or misconduct of the covered individual warrants such action. (b) Rights and procedures (1) (A) When making an initial decision under subsection (a) with respect to determining whether a covered individual should be removed, demoted, or suspended, the deciding employee of the Department shall exclusively apply the following factors: (i) The nature and seriousness of the offense, and its relation to the covered individual’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated. (ii) The covered individual’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. (B) The Secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence. (2) A covered individual subject to an action under subsection (a) is entitled to— (A) advance notice of the action and a file containing all evidence in support of the proposed action; (B) be represented by an attorney or other representative of the covered individual’s choice