; (B) in paragraph (3), by adding at the end the following: (D) Except to the extent that an appeal under this subsection presents a constitutional issue, the Merit Systems Protection Board may not review a challenge to the penalty imposed against the covered individual. ; (C) in paragraph (5), by adding at the end the following: (C) Except to the extent that an appeal under this subsection presents a constitutional issue, such Court may not review a challenge to the penalty imposed against the covered individual or mitigate such penalty. ; and (D) by striking paragraph (10); (4) by redesignating subsection (h) as subsection (j); (5) by inserting after subsection (g) the following: (h) Collective bargaining agreements The procedures in this section shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures. (i) Application This section shall apply to any performance or misconduct of a covered individual beginning on the date of the enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ). ; and (6) in paragraph (1) of subsection (j), as redesignated by paragraph (4)— (A) in the matter before subparagraph (A), by inserting including individuals appointed pursuant to this title, title 5, and hybrid employees appointed pursuant to section 7401 of this title, after Department, ; (B) in subparagraph (D), by striking the period and inserting ; or ; and (C) by adding after subparagraph (D) the following: (E) a supervisor or management official as defined in section 7103(a) of title 5. . (b) Veterans Health Administration employee discipline modifications Section 7403(f)(3) of such title is amended— (1) by striking Notwithstanding any other provision of this title or other law, and inserting (A) Notwithstanding any other provision of this title or other law, and consistent with subparagraph (B),