shall be entitled to backpay (as provided in section 5596 of title 5). (10) This subsection shall supercede any collective bargaining agreement to the extent that such an agreement conflicts with this subsection. (f) Whistleblower protection (1) In the case of an individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove, demote, or suspend such individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5. (2) In the case of an individual who has filed a whistleblower complaint, as such term is defined in section 731 of this title, the Secretary may not remove, demote, or suspend such individual under subsection (a) until a final decision with respect to the whistleblower complaint has been made. (g) Termination of investigations by Office of Special Counsel Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation. Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee. (h) Vacancies In the case of an individual who is removed or demoted under subsection (a), to the maximum extent feasible, the Secretary shall fill the vacancy arising as a result of such removal or demotion. (i) Definitions In this section: (1) The term individual means an individual occupying a position at the Department but does not include— (A) an individual appointed pursuant to section 7306, 7401(1), or 7405 of this title