Page:United States Statutes at Large Volume 95.djvu/1671

 PUBLIC LAW 97-119—DEC. 29, 1981

95 STAT. 1645

SPECIAL CLAIMS

SEC. 205. (a)(1) Subsection (c) of section 422 is amended by inserting 30 USC 932. "(1)" after "pneumoconiosis", and by inserting before the period at the end thereof a semicolon and the following: "or (2) which was the subject of a claim denied before March 1, 1978, and which is or has been approved in accordance with the provisions of section 435". 30 USC 945. (2) Subsection (j) of section 422 is amended by striking out "or" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or", and by adding at the end thereof the following: "(3) in which there was a claim denied before March 1, 1978, and such claim is or has been approved in accordance with the provisions of section 435.". (b) Section 402 is amended by inserting at the end thereof the "Claim denied." following new paragraph: ^^ ^^^ ^^^ "(i) For the purposes of subsections (c) and (j) of section 422, and for Supra. the purposes of paragraph (7) of subsection (d) of section 9501 of the Internal Revenue Code of 1954, the term 'claim denied' means a Ante, p. 1636. claim— "(1) denied by the Social Security Administration; or "(2) in which (A) the claimant was notified by the Department of Labor of an administrative or informal denial more than 1 year prior to the date of enactment of the Black Lung Benefits Reform Act of 1977 and did not, within 1 year from the date of 30 USC 80i note. notification of such denial, request a hearing, present additional evidence or indicate an intention to present additional evidence, or (B) the claim was denied under the law in effect prior to the date of enactment of the Black Lung Benefits Reform Act of 1977 following a formal hearing or administrative or judicial review proceeding.". EFFECTIVE DATE; SEPARABILITY

SEC. 206. (a) Except as otherwise provided, the provisions of this 30 USC 90i note. title shall take effect on January 1, 1982. (b) If any provision of this title, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this title, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 5159: HOUSE REPORT: No. 97-406, Ft. 1 (Coram, on Ways and Means). CONGRESSIONAL RECORD, Vol. 127 (1981): Dec. 15, considered and passed House. Dec. 16, considered and passed Senate, amended; House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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