Page:United States Statutes at Large Volume 94 Part 2.djvu/257

 PUBLIC LAW 96-385—OCT. 7, 1980

94 STAT. 1535

"(2) All or any part of the dependency and indemnity compensation not paid to a surviving spouse or child by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned as follows: "(A) In the case of dependency and indemnity compensation not paid to a surviving spouse, any apportionment shall be to the surviving child or children. "(B) In the case of dependency and indemnity compensation not paid to a surviving child, any apportionment shall be to the surviving spouse or other surviving children, as applicable. "(3) No apportionment may be made under this subsection to or on behalf of any person who is incarcerated in a Federal, State, or local penal institution for conviction of a felony. "(c) The Administrator shall not assign to any veteran a rating of total disability based on the individual unemployability of the veteran resulting from a service-connected disability during any period during which the veteran is incarcerated in a Federal, State, or local penal institution for conviction of a felony. "(d) The provisions of subsection (a) of tiiis section shall apply (1) with respect to any period of incarceration of a person for conviction of a felony committed after the date of the enactment of this section, and (2) with respect to any period of incarceration on or after October 1, 1980, for conviction of a felony of a person who on October 1, 1980, is incarcerated for conviction of such felony and with respect to whom the action granting an award of compensation or dependency and indemnity compensation is taken on or after such date. "(e) For purposes of this section— "(1) The term 'compensation' includes disability compensation payable under section 351 of this title. "(2) The term 'dependency and indemnity compensation' means death compensation payable under section 321 or 341 of this title, death compensation and dependency and indemnity compensation payable under section 351 of this title, and any benefit payable under chapter 13 of this title.". (h) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"Compensation." 38 USC 351. "Dependency and indemnity compensation." 38 USC 321, 341. 38 USC 351. 38 USC 401 et seq.

"3113. Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony.". CONFIDENTIALITY OF MEDICAL QUALITY-ASSURANCE RECORDS

SEC. 505. (a) Subchapter I of chapter 57 is amended by adding at the end the following new section: "§ 3305. Confidentiality of medical quality-assurance records "(a) Records and documents created by the Veterans' Administration as part of a medical quality-assurance program are confidential and privileged and may not be disclosed to any person or entity except as provided in subsection (b) of this section. "03)(1) Subject to paragraph (2) of this subsection, a record or document described in subsection (a) of this section shall, upon request, be disclosed as follows: "(A) To a Federal agency or private organization, if such record or document is needed by such agency or organization to perform licensing or accreditation functions related to Veterans' Administration health-care facilities or to perform monitoring, required by statute, of Veterans' Administration health-care facilities.

79-194

O—81—pt. 2

17: QL3

38 USC 3305.

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