; or (B) in the case in which the Assistant Secretary determines not to refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination. (g) 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. (h) Application This section shall apply to any performance or misconduct of a covered individual beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ). (i) Definitions In this section: (1) The term civil service has the meaning given that term in section 2101 of title 5. (2) The term covered individual means an employee of the Department who is a supervisor or management official as defined in section 7103(a) of title 5 occupying a position at the Department, including individuals appointed pursuant to this title, title 5, and hybrid employees appointed pursuant to section 7401 of this title, 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 section 7306, 7401(1), 7401(4), or 7405 of this title; (C) an individual who has not completed a probationary or trial period