; 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, 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. 4. Reduction of benefits of employees convicted of certain crimes (a) Reduction of annuity for removed employee (1) In general The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under section 2 or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, United States Code, if— (A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position; (B) before such order is made, the individual is afforded— (i) notice of the proposed order; and (ii) an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice