; or (B) in the case of a proposed removal, demotion, or suspension to which a covered individual does not respond, not later than 15 business days after the Secretary provides notice to the covered individual under paragraph (1). (3) The procedures under chapter 43 of title 5 shall not apply to a removal, demotion, or suspension under this section. (4) (A) Subject to subparagraph (B) and subsection (e), any removal, demotion, or suspension under subsection (a) may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5. (B) An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than seven days after the date of such removal, demotion, or suspension. (e) Expedited Review (1) Upon receipt of an appeal under subsection (d)(4)(A), the administrative judge shall expedite any such appeal under section 7701(b)(1) of title 5 and, in any such case, shall issue a final and complete decision not later than 45 business days after the date of the appeal. (2) (A) Notwithstanding section 7701(c)(1)(B) of title 5, the administrative judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence. (B) If the decision of the Secretary is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary. (3) (A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board. (B) An appeal under subparagraph (A) of a decision of an administrative judge may only be made if such appeal is made not later than seven business days after the date of the decision of the administrative judge. (4) In any case in which the administrative judge cannot issue a decision in accordance with the 45-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later