; (B) an individual appointed pursuant to section 7306, 7401(1), 7401(4), or 7405 of this title; (C) an individual who has not completed a probationary or trial period; or (D) a political appointee. (3) The term grade has the meaning given such term in section 7511(a) of title 5. (4) 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. (5) The term political appointee means an individual who is— (A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation. (6) The term suspend means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days. (7) The term whistleblower disclosure has the meaning given such term in section 323(g) of this title. . (2) Clerical amendment The table of contents for title 38, United States Code, is amended by inserting after the item relating to section 711 the following: 712. Supervisors: removal, demotion, or suspension based on performance or misconduct. . 3. Senior executives: modification of procedures to remove, demote, or suspend based on performance or misconduct Section 713 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by inserting by substantial evidence , after determines