Page:United States Statutes at Large Volume 124.djvu/982

 124 STAT. 956 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(e) ENVIRONMENTAL EXPOSURE AFFECTED INDIVIDUAL DEFINED.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘environmental exposure affected individual’ means— ‘‘(A) an individual described in paragraph (2); and ‘‘(B) an individual described in paragraph (3). ‘‘(2) INDIVIDUAL DESCRIBED.— ‘‘(A) IN GENERAL.—An individual described in this para- graph is any individual who— ‘‘(i) is diagnosed with 1 or more conditions described in subparagraph (B); ‘‘(ii) as demonstrated in such manner as the Sec- retary determines appropriate, has been present for an aggregate total of 6 months in the geographic area subject to an emergency declaration specified in sub- section (b)(2)(A), during a period ending— ‘‘(I) not less than 10 years prior to such diag- nosis; and ‘‘(II) prior to the implementation of all the remedial and removal actions specified in the Record of Decision for Operating Unit 4 and the Record of Decision for Operating Unit 7; ‘‘(iii) files an application for benefits under this title (or has an application filed on behalf of the indi- vidual), including pursuant to this section; and ‘‘(iv) is determined under this section to meet the criteria in this subparagraph. ‘‘(B) CONDITIONS DESCRIBED.—For purposes of subpara- graph (A), the following conditions are described in this subparagraph: ‘‘(i) Asbestosis, pleural thickening, or pleural plaques as established by— ‘‘(I) interpretation by a ‘B Reader’ qualified physician of a plain chest x-ray or interpretation of a computed tomographic radiograph of the chest by a qualified physician, as determined by the Secretary; or ‘‘(II) such other diagnostic standards as the Secretary specifies, except that this clause shall not apply to pleural thick- ening or pleural plaques unless there are symptoms or conditions requiring medical treatment as a result of these diagnoses. ‘‘(ii) Mesothelioma, or malignancies of the lung, colon, rectum, larynx, stomach, esophagus, pharynx, or ovary, as established by— ‘‘(I) pathologic examination of biopsy tissue; ‘‘(II) cytology from bronchioalveolar lavage; or ‘‘(III) such other diagnostic standards as the Secretary specifies. ‘‘(iii) Any other diagnosis which the Secretary, in consultation with the Commissioner of Social Security, determines is an asbestos-related medical condition, as established by such diagnostic standards as the Secretary specifies. ‘‘(3) OTHER INDIVIDUAL DESCRIBED.—An individual described in this paragraph is any individual who—