(b) The Administrator of Veterans' Affairs [now Secretary of Veterans Affairs), in resolving material differences between a radiation dose estimate, from a credible source, submitted by a veteran or survivor and a radiation dose estimate prepared and transmitted by the Director of the Defense Nuclear Agency, shall provide for the preparation of a radiation dose estimate by an independent expert, who shall be selected by the Director of the National Institutes of Health and who shall not be affiliated with the Defense Nuclear Agency, and the Administrator shall provide for the consideration of such independent estimate in connection with the adjudication of the claim for Veterans' Administration [now Department of Veterans Affairs] compensation.

[Public Law 102-4, § 10(e), Feb. 6, 1991, 105 Stat. 20

(as amended by Public Law 102-86, § 503(b)(2), Aug. 14, 1991, 105 Stat. 425) provides:

[(1) Except as provided in paragraph (2), the amendments made by this section (amending sections 2 and 3 of Public Law 98–542, set out above, and sections 5 and 6 of Public Law 98-542, set out above] shall take effect at the end of the two-month period beginning on the date of the enactment of the Veterans' Benefits Programs Improvement Act of 1991 [Aug. 14, 1991).

[(2)(A) If the Secretary of Veterans Affairs determines before the end of such period that the Environmental Hazards Advisory Committee established under section 6 of Public Law 98-542 (38 U.S.C. 354 note) [set out above] has completed its responsibilities under that section and the directives of the Secretary pursuant to the Nehmer case court order, the amendments made by this section shall take effect as of the date of such determination.

[(B) For purposes of this paragraph, the term "Nehmer case court order" means the court order dated May 2, 1989, in the case of Nehmer v. Department of Veterans Affairs, in the United States district court for the northern district of California (civil action docket number C-86–6160 TEH).

[(3) If the Secretary makes a determination under paragraph (2), the Secretary shall promptly publish in the Federal Register a notice that such determination has been made and that such amendments have thereby taken effect as of the date of such determination.]

IDENTIFICATION OF ACTIVITIES INVOLVING EXPOSURE TO IONIZING

RADIATION BEFORE JANUARY 1, 1970

Section 10 of Public Law 98-542, as added by Public Law 102578, §3, Oct. 30, 1992, 106 Stat. 4774, 38 U.S.C. 1154 note, provides:

(a) IN GENERAL.-(1) In order to determine whether activities (other than the tests or occupation activities referred to in section) 5(a)(1)(B) [probably means section 5(a)(1), set out above]) resulted in the exposure of veterans to ionizing radiation during the service of such veterans that occurred before January 1, 1970, and whether adverse health effects have been observed or may have resulted from such exposure in a significant number of such veterans, the Advisory Committee established under section 6 [set out above], shall

(A) review all available scientific studies and other relevant information relating to the exposure of such veterans to ionizing radiation during such service;

(B) identify any activity during which significant numbers of veterans received exposure; and

(C) on the basis of such review, submit to the Secretary of Veterans Affairs a report containing the recommendation of the Advisory Committee on the feasibility and appropriateness for the purpose of the determination under this paragraph of any additional investigation with respect to any activity of such veterans during such service.

2) Upon the request of the Advisory Committee, the Secretary Veterans Affairs (after seeking such assistance from the Secary of Defense as is necessary and appropriate) shall make ailable to the Advisory Committee records and other information ating to the service referred to in paragraph (1) that may assist Advisory Committee in carrying out the review and recmendation referred to in that paragraph.

3) The Advisory Committee shall submit to the Secretary of Vetins Affairs the report referred to in paragraph (1)(C) not later n August 1, 1993.

b) INVESTIGATION PLAN AND REPORT.-(1) Upon receipt of the ret referred to in subparagraph (C) of subsection (a)(1), the Secary of Veterans Affairs shall

(A) identify which of the activities referred to in that subparagraph, if any, that the Secretary intends to investigate more fully for the purpose of making the determination referred to in that subsection; and

(B) prepare a plan (including a deadline for the plan) to carry out that investigation and make that determination. 2) Not later than December 1, 1993, the Secretary shall submit the Committees on Veterans' Affairs of the Senate and House of presentatives a report containing

(A) a list of the activities identified by the Secretary pursuant to paragraph (1)(A) and the basis of such identification; (B) a copy of the report of the Advisory Committee referred to in subsection (a)(1)(C); and

(C) the plan referred to in paragraph (1)(B).

REQUIREMENT TO PROVIDE FOR WOMEN VETERANS' SPECIAL HEALTH CARE NEEDS

Section 302 of Public Law 98-160

amended by Public Law 102-40, § 402(d)(2), May 7, 1991, 105 at. 239; Public Law 102-83, §§ 5(c)(2), 6(f), Aug. 6, 1991, 105 at. 406, 407) provides:

C. 302 [38 U.S.C. 1701 note]. GENDER-SPECIFIC HEALTH-CARE SERVICES.

The Secretary of Veterans Affairs shall ensure that each healthe facility under the direct jurisdiction of the Secretary is able, rough services made available either by individuals appointed to sitions in the Veterans Health Administration or under contracts other agreements made under section 4117 [see 7409], 8111, or 53 of title 38, United States Code, to provide appropriate care, a timely fashion, for any gender-specific disability (as defined in tion 1701(1) of such title) of a woman veteran eligible for such e under chapter 17 or chapter 31 of such title.