; (B) malfeasance; (C) failure to accept a directed reassignment; and (D) failure to accompany a position in a transfer of function. (3) Secretary The term Secretary means the Secretary, acting through the Service. (4) Senior executive position The term senior executive position means a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code). (b) Authority (1) In general The Secretary may, in accordance with this section, reprimand, suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Service if the Secretary determines that the misconduct or performance of the covered individual warrants such an action. (2) Removal from civil service If the Secretary removes a covered individual pursuant to paragraph (1), the Secretary may remove the individual from the civil service (as defined in section 2101 of title 5, United States Code). (c) Rights and procedures (1) In general A covered individual who is the subject of an action or removal, as applicable, under subsection (b) is entitled— (A) to advance notice of the action or removal; (B) to access a file containing all evidence in support of the proposed action or removal; (C) to be represented by an attorney or other representative of the covered individual’s choice; and (D) to grieve the decision on the action or removal under paragraph (2) in accordance with the internal grievance process established by the Secretary under paragraph (3). (2) Notice; response