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lished under section 105 to provide medical advice to
the board of directors of the Corporation.
(39) MESOTHELIOMA.—The term ‘‘mesothe-
lioma’’ means a malignant tumor of the mesothelial
tissue.
(40) MOTIONS OFFICER.—The term ‘‘motions
officer’’ means an official of the Corporation respon-
sible for resolving procedural and discovery disputes
during the alternative dispute resolution process in
the absence of an arbitrator. Motions officers shall
be members in good standing of the bar of a State.
(41) NON-ECONOMIC
LOSS.—The term ‘‘non-
economic loss’’ means subjective, nonmonetary loss
resulting from harm, including pain, suffering, in-
convenience, mental suffering, emotional distress,
loss of society and companionship, loss of consor-
tium, injury to reputation, and humiliation.
(42) OCCUPATIONAL HISTORY.—The term ‘‘oc-
cupational history’’ means a listing of all employ-
ment positions, providing for each the dates and
place of employment, the employer, and a descrip-
tion of job responsibilities and activities.
(43) OPERATIONAL
DATE.—The term ‘‘oper-
ational date’’ means the earlier of (i) the date on
which the Board certifies that the Corporation is
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operational, or (ii) the first business day following
the seventh month after the date on which the
Board is authorized under section 103(i) to take any
action authorized by law.
(44) PATHOLOGICAL
EVIDENCE
OF
ASBES-
TOSIS.—The term ‘‘pathological evidence of asbes-
tosis’’ means diagnosis of pulmonary asbestosis by a
Board-certified pathologist based on a finding that
more than one representative section of lung tissue
otherwise uninvolved with any other process (e.g.,
cancer or emphysema) demonstrates a pattern of
peribronchiolar or parenchymal scarring in the pres-
ence of characteristic asbestos bodies, and also that
there is no other more likely explanation for the
presence of the fibrosis.
(45) PERSON.—The term ‘‘person’’ means an
individual, trust, firm, corporation, association, part-
nership, joint venture, the United States, and any
state or political subdivisions thereof. The term does
not include an asbestos trust in existence as of the
date of enactment unless the trust elects to be cov-
ered by this Act under section 804.
(46) PHYSICIAN.—The term ‘‘physician’’ means
a medical doctor currently licensed to practice medi-
cine in any state who has not, within the five-year
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period prior to the date of enactment of the Act,
spent more than one half of his or her professional
time, or derived more than one-half of his or her
professional income, either annually or in total, ei-
ther reviewing or testifying in any forum on medical-
legal issues related to asbestos.
(47) PREDICTED VALUE.—The term ‘‘predicted
value’’ for spirometry and lung volumes shall be the
relevant value published by Morris, Clinical Pul-
monary Function Testing, 2d Edition, Inter-
mountain Thoracic Society (1984). ‘‘Predicted
Value’’ for diffusing capacity shall be the relevant
value published by Miller, et al., ‘‘Single Breath Dif-
fusing Capacity in a Representative Sample of the
Population of Michigan, a Large Industrial State,’’
127 American Review of Respiratory Disease, 270–
77 (1983). Predicted value in all pulmonary function
tests shall be corrected for race, ethnic origin, and
other relevant factors.
(48) PULMONARY
FUNCTION
TESTING.—The
term 
‘‘pulmonary 
function 
testing’’ 
means
spirometry, lung volume, and diffusing capacity
(‘‘DLCO’’) testing. All spirometry shall use standard
spirometric methods. Pulmonary function testing
other than spirometry shall use methods, quality cri-
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teria, and standards approved by the Board, upon
the recommendation of the Medical Advisory Board.
Such methods, quality criteria, and standards shall
be generally recognized by authoritative professional
bodies as appropriate, giving due consideration to re-
liability where obstructive lung disease may be
present. All back-up data (including flow volume
loops, spirographs, and other tracings), necessary to
ensure compliance with the methods, quality criteria,
and standards approved by the Board shall be sub-
mitted to the Corporation along with the results of
such tests.
(49) PUNITIVE DAMAGES.—The term ‘‘punitive
damages’’ means damages awarded against any per-
son to punish or deter such person, or others, from
engaging in similar behavior in the future.
(50) RESPONDENT.—The term ‘‘respondent’’
means any person who is or may be responsible for
a claimant’s asbestos-related condition and who is so
notified by the Corporation under section 303 or
who is added to an arbitration proceeding under sec-
tion 306(a). The terms does not include an asbestos
trust in existence as of the date of enactment of this
Act unless the trust elects to be covered by this Act
under section 804.
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(51) STANDARD SPIROMETRIC METHODS.—The
term ‘‘standard spirometric methods’’ means spiro-
metric methods and equipment that substantially
conform to American Thoracic Society standards for
technical quality and instrumentation, as set forth in
20 C.F.R. § 718.103(1997) and Appendix B thereto
or in guidelines established by the American Tho-
racic Society, as set forth in ‘‘Standardization of
Spirometry—1994 Update’’, 152 American Review
of Respiratory Disease 1107–36 (1995) and any re-
visions thereof. Each subject must be tested with
and without inhaled bronchodilaters, with best val-
ues taken. All back-up data pertaining to spirometric
testing of an exposed person (including all flow vol-
ume loops, spirographs, and any other tracings)
shall be submitted to the Corporation to ensure that
these quality criteria and standards have been satis-
fied.
(52) STATE.—The term ‘‘state’’ means any
state of the United States, the District of Columbia,
Commonwealth of Puerto Rico, the Northern Mar-
iana Islands, the Virgin Islands, Guam, American
Samoa, and any other territory or possession of the
United States or any political subdivision of any of
the foregoing.