; and (2) an election of proceeding, as provided in this section, of— (A) a formal hearing as provided in section 405, subject to Board review as provided in section 406, and judicial review in the United States Court of Appeals for the Federal Circuit as provided in section 407; (B) a civil action in a district court of the United States as provided in section 408; or (C) in the case of a Library claimant (as defined in subsection (d)(1)), a proceeding described in subsection (d)(2) that relates to the violation at issue. (b) Election of formal hearing or civil action (1) In general A covered employee who seeks to make— (A) the election described in subsection (a)(2)(A) shall file the request for the formal hearing as provided in section 405(a)(1), by the deadline described in paragraph (2); or (B) the election described in subsection (a)(2)(B) shall file the civil action as provided in section 408, by the deadline described in paragraph (2). (2) Deadline for election The deadline described in this paragraph shall be 90 days after the later of— (A) the date on which either party opts out of mediation under section 402(c); or (B) the end of the period of mediation under section 403(c). (3) Effect of election If the covered employee— (A) elects to file a request for a formal hearing as provided in section 405(a), the procedure for consideration of the claim shall not include a civil action or other proceeding described in subparagraph (B) or (C) of subsection (a)(2)