Page:United States Statutes at Large Volume 98 Part 2.djvu/495

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-426—SEPT. 28, 1984

98 STAT. 1655

EFFECTIVE DATE

SEC. 28. (a) Except as otherwise provided in this section, the 33 USC 90i note. amendments made by this Act shall be effective on the date of enactment of this Act and shall apply both with respect to claims filed after such date and to claims pending on such date. (b) The amendments made by sections 7(a), 7(e), 8(f), 11(b), 11(c), and 13 shall be effective 90 days after the date of enactment of this Act and shall apply both with respect to claims filed after such 90th day and to claims pending on such 90th day. (c) The amendments made by sections 2(a), 3(a), 5, and 8(b) shall apply with respect to any injury after the date of enactment of this Act. (d) The amendments made by sections 6(a), 8(d), and 9 shall apply with respect to any death after the date of enactment of this Act. (e)(1) The amendments made by sections 2(c), 8(c)(l), 8(e)(4), 8(e)(5), 8(g), 10(b), 15 through 20, and 22 through 27 shall be effective on the date of enactment of this Act. (2) The amendments made by sections 7(b), 7(c), 7(d), and 8(h) shall be effective 90 days after the date of enactment of this Act. (f) The amendments made by section 6(b) shall apply with respect to any injury, disability, or death after the date of enactment of this Act. (g) For the purpose of this section— (1) in the case of an occupational disease which does not immediately result in a disability or death, an injury shall be deemed to arise on the date on which the employee or claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the disease; and (2) the term "disability" has the meaning given such term by section 2(10) of the Act as amended by this Act. Ante, p. 1639. (h)(1) The amendments made by section 7 of this Act shall not 33 USC 907 note. apply to claims filed under the Black Lung Benefits Act (30 U.S.C. 901 et seq.). (2) Section 422(a) of the Black Lung Benefits Act is amended by 30 USC 932. striking out "During" and inserting in lieu thereof "Subject to section 28(h)(1) of the Longshore and Harbor Workers' Compensation Act Amendments of 1984, during". Approved September 28, 1984.

LEGISLATIVE HISTORY—S. 38: HOUSE REPORTS: No. 98-570 and Part 2 (Comm. on Education and Labor) and No. 98-1027 (Comm. of Conference). SENATE REPORT No. 98-81 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): June 16, considered and passed Senate. Vol. 130 (1984): Apr. 9, 10, considered and passed House, amended. Sept. 18, House agreed to conference report. Sept. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 39 (1984): Sept. 28, Presidential statement.