3 U.S.C. § 453. 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. (1)
   (1)file a complaint with the appropriate agency, as determined under section 454; or
2. (2)
   (2)file a civil action under section 1346(g) of title 28.