; and (2) in subsection (b)(1)— (A) by striking The Board may and inserting (A) The Board may ; (B) by striking the second and third sentences; and (C) by adding at the end the following: (B) The Board, an administrative law judge appointed by the Board under section 3105, and any officer or employee of the Board designated by the Board (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section, except as provided under subparagraph (C). (C) The Board, an administrative law judge appointed by the Board under section 3105, and any officer or employee of the Board designated by the Board (as the case may be) may, with respect to any party, grant a motion for summary judgment. Any hearing under subsection (a)(1) of this section shall be limited to the issues remaining in the case, or, if applicable, a decision may be issued without holding a hearing. (D) A copy of the decision under subparagraph (B) or (C) shall be furnished to each party to the appeal and to the Office of Personnel Management. . (b) Limit on mitigation Paragraph (3) of section 7701(b) of title 5, United States Code, is amended to read as follows: (3) With respect to an appeal from a performance or conduct-based adverse action under subchapter II or V of chapter 75, the Board may not mitigate the personnel action involved unless the action is so disproportionate as to be wholly without justification. . (c) Evidentiary burden Paragraph (1) of section 7701(c) of title 5, United States Code, is amended to read as follows: (1) Subject to paragraph (2), the decision of the agency shall be sustained under subsection (b) only if the agency’s decision is supported by substantial evidence. . (d) Effective date