; 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. . (3) Right of employee to file civil action Section 401(b) of such Act ( 2 U.S.C. 1401(b) ), as amended by section 101(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5298), is amended to read as follows: (b) Right of employee To file civil action (1) Civil action A covered employee who has filed a timely 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 violation alleged in the claim, as provided in section 408. (2) Effect of filing civil action Notwithstanding paragraph (2) or paragraph (4) 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