; or (II) an individual identified in claim. . (b) Conforming amendment relating to civil action Section 408(a) ( 2 U.S.C. 1408(a) ) is amended— (1) by striking section 404 and inserting section 401 ; (2) by striking who has completed counseling under section 402 and mediation under section 403 and inserting who filed a timely claim under section 402, elected to file a civil action under section 401(a)(2)(B), and made a timely filing under this section as described in section 401(b)