; or (B) in the case in which the Assistant 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) 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 (as defined in section 713(d) of this title); (B) an individual appointed pursuant to sections 7306, 7401(1), or 7405 of this title; (C) an individual who has not completed a probationary or trial period; or (D) a political appointee. (2) The term suspend means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days. (3) The term grade has the meaning given such term in section 7511(a) of title 5. (4) The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. (5) The term political appointee means an individual who is— (A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule)