VETERANS’ ADMINISTRATION RULEMAKING.

SEC. 102. VETERANS’ ADMINISTRATION RULEMAKING. (a) APA Procedures.—(1) Chapter 3 is amended by inserting after section 222 the following new section: “§ 223. Rulemaking: procedures and judicial review “(a) In applying section 552(a)(1) of title 5 to the Veterans’ Administration, the Administrator shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel. “(b) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Administrator. “(c) An action of the Administrator to which section 552(a)(1) or 553 of title 5 (or both) refers (other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 355 of this title) is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 222 the following new item: “223. Rulemaking: procedures and judicial review.”. (b) Report on Implementation.—Not later than May 1, 1989, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the implementation of section 223(a) of title 38, United States Code, as added by subsection (a)(1). Such report shall set forth the actions the Administrator is taking to ensure that such section is carried out.