; and (B) by adding at the end the following: (3) (A) When making an initial decision under this subsection 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. (iii) The covered individual’s past disciplinary record. (iv) The covered individual’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. (v) Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice, or provocation on the part of others involved in the matter. (B) The Secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence. . (2) in subsection (c)— (A) by striking paragraph (1)(D); and (B) in paragraph (3), by inserting before the period the following: , and the Secretary may carry out such a removal, demotion, or suspension without first placing a covered individual on a performance improvement plan ; (3) in subsection (d)— (A) in paragraph (2), by adding at the end the following: (C) Except to the extent that an appeal under this subsection presents a constitutional issue, the administrative judge may not review a challenge to the penalty imposed against the covered individual.