; and (B) issue a final and complete decision on the appeal not later than 180 days after the date of the appeal. (2) Upholding decision (A) In general Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the administrative law judge shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) if the decision is supported by substantial evidence. (B) Prohibition of mitigation Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) is supported by substantial evidence, the administrative law judge shall not mitigate the penalty prescribed by the Secretary. (3) Appeal to merit systems protection board (A) In general The decision of the administrative law judge under paragraph (1) may be appealed to the Merit Systems Protection Board. (B) Upholding decision Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (b) if the decision is supported by substantial evidence. (C) Prohibition of mitigation Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary. (4) Report In any case in which an administrative law judge cannot issue a final and complete decision by the deadline described in paragraph (1)(B), the Merit Systems Protection Board shall, not later than 14 business days after the deadline expires, submit to the appropriate committees of Congress a report that explains the reasons why a decision was not issued by the deadline. (5) Appeal A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of