; or (B) in the case in which the Deputy Secretary determines not to the refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination. (f) Termination of investigations by Office of Special Counsel (1) Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5, United States Code) 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. (2) Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee. (g) Vacancies In the case of a covered 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. (h) Definitions In this section: (1) The term covered individual means an individual occupying a position at the Department, but does not include— (A) an individual occupying a senior executive position at the Department; (B) an individual appointed under title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq.); (C) an individual who has not completed a probationary or trial period