; and (2) by adding at the end the following: (b) Presumption In determining whether a benefit is payable under this part, the Bureau shall— (1) presume that none of the limitations described in subsection (a) apply; and (2) have the burden of establishing by clear and convincing evidence that a limitation described in subsection (a) applies. . 6. Effective date; applicability The amendments made by this Act shall— (1) take effect on the date of enactment of this Act; and (2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 et seq.) that is— (A) pending before the Bureau of Justice Assistance on the date of enactment; or (B) received by the Bureau on or after the date of enactment of this Act.