Page:United States Statutes at Large Volume 102 Part 5.djvu/115

 PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4121

thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. The judgment of such court shall be final subject to review by the Supreme Court upon certiorari, in the manner provided in section 1254 of title 28. "(d)(1) The Court of Appeals for the Federal Circuit shall decide all relevant questions of law, including interpreting constitutional and statutory provisions. The court shall hold imlawful and set aside any statute or r^ulation or any interpretation thereof (other than a determination as to a factual matter) that was rehed upon in the decision of the Court of Veterans Appeals that the Court of Appeals for the Federal Circuit finds to be— "(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(B) contrary to constitutional right, power, privilege, or immunity; "(C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or "(D) without observance of procedure required by law. "(2) Except to the extent that an appeal under this chapter presents a constitutional issue, the Court of Appeals may not review (A) a challenge to a factual determination, or (B) a challenge to a law or r^ulation as applied to the facts of a particular case. "(e)(1) Upon such review, the Court of Appeals for the Federal Circuit shall have power to affirm or, if the decision of the Court of Veterans Appeals is not in accordance with law, to modify or reverse the decision of the Court of Veterans Appeals or to remand the matter, as appropriate. "(2) Rules for review of decisions of the Court of Veterans Appeals shall be those prescribed by the Supreme (Dourt under section 2072 of title 28.". (b) CLERICAL AMENDMENT.—The tables of chapters before part I and at the beginning of part V are each amended by inserting after the item relating to chapter 71 the following new item: "72. Court of Veterans Appeals

4051".

S E C 302. INITIAL APPOINTMENT OF JUDGES TO COURT OF VETERANS APPEALS.

38 USC 4053 note.

(a) CJmEF JUDGE TO B E APPOINTED FIRST.—The President may not appoint an individual to be an associate judge of the United States Court of Veterans Appeals under section 4053(b) of title 38, United States Code, as added by section 301, until the chief judge of such Court has been appointed. The President shall, during the period President of U.S. beginning on January 21, 1989, and ending on April 1, 1989, nominate an individual for appointment to the position of chief judge of such Court. (b) JUDGES.—Subject to subsection (a), judges of the (Dourt of Veterans Appeals may be appointed after February 1, 1989. SEC 303. FACILITY FOR PRINCIPAL OFFICE OF COURT.

In the implementation of section 4055 of title 38, United States Code (as added by section 301), the principal office of the Court of Veterans Appeals shall initially be located, if practicable, in a facility existing on the date of the enactment of this Act that, as determined by the Administrative Office of the United States Courts, would facilitate maximum efficiency and economy in the operation of the Court. The Administrative Office of the United

38 USC 4055 note.

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