; (2) an investigation of the claim, to be conducted by the General Counsel as provided in section 403, which may be accompanied by mediation during the investigation under section 404; and (3) 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, but only if, pursuant to an investigation conducted by the General Counsel as provided in section 403, the General Counsel finds either— (A) that there is reasonable cause to believe that the employing office involved committed a violation of part A of title II as alleged in the covered employee’s claim; or (B) that the General Counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part A of title II as alleged in the covered employee’s claim. (b) Right of employee To file civil action (1) Civil action A covered employee who files a claim as provided in section 402 may, during the period described in paragraph (3), file a civil action in a district court of the United States with respect to the alleged violation involved, as provided in section 408. (2) Effect of filing civil action Notwithstanding paragraph (2) or paragraph (3) of subsection (a), if the covered employee files such a civil action— (A) the investigation of the claim by the General Counsel as provided in section 403, or any subsequent formal hearing as provided in section 405, shall terminate upon the filing of the action by the covered employee