; (bb) submitted to Congress; and (cc) made publicly available by the President. (III) A determination by the President in an appeal under subclause (I) shall not be subject to judicial review. (ii) An officer or employee who is not a political appointee with respect to whom the Director orders a disciplinary action under subparagraph (A)(iv) may— (I) appeal a final order or decision of the Director to the Merit Systems Protection Board under section 7701 of title 5, United States Code; and (II) seek judicial review of a final order or decision of the Merit Systems Protection Board in the Court of Appeals for the Federal Circuit in accordance with section 7703 of title 5, United States Code. ; (C) in paragraph (3), in the matter preceding subparagraph (A), by striking paragraph (2)(A)(iii) and inserting clause (iii) or (iv) of paragraph (2)(A) ; (D) by striking paragraph (5); and (E) by redesignating paragraph (6) as paragraph (5)