Pub. L. 104-1, tit. IV, sec. 404
ELECTION OF PROCEEDING.
SEC. 404. ELECTION OF PROCEEDING. Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either— (1) file a complaint with the Office in accordance with section 405, or (2) file a civil action in accordance with section 408 in the United States district court for the district in which the employee is employed or for the District of Columbia.