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38 U.S.C. § 1788 — Transplant procedures with live donors and related services

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1788 — Transplant procedures with live donors and related services

**(a) In General.—** Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department. **(b) Other Services.—** Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure. **(c) Use of Non-Department Facilities.—** In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.

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Source location: Title 38, Chapter 17, § 1788; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3482 — Computation of educational assistance allowances

**(a)** (1) Except as provided in subsection (b), (c), or (g) of this section, or [section 3687 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687&num=0&edition=prelim), while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable type of program as shown in column I: Column IColumnIIColumnIIIColumnIVColumn V Type ofprogramNodependentsOnedependentTwodependentsMore thantwodependents The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time$376$448$510 $32 Three-quarter time283336383 24 Half-time188224255 17 Cooperative304355404 23 (2) A “cooperative” program, other than a “farm cooperative” program, means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. **(b)** The educational assistance allowance of an individual pursuing a program of education— (1) while on active duty, or (2) on less than a half-time basis, shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $376 per month for a full-time course, whichever is the lesser. An individual’s entitlement shall be charged for institutional courses on the basis of the applicable monthly training time rate as determined under [section 36

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3688 — Measurement of courses

**(a)** For the purposes of this chapter and chapters 34 and 35 of this title— (1) an institutional trade or technical course offered on a clock-hour basis, not leading to a standard college degree, involving shop practice as an integral part thereof, shall be considered a full-time course when a minimum of 22 hours per week of attendance (excluding supervised study) is required, with no more than 2½ hours of rest periods per week allowed; (2) an institutional course offered on a clock-hour basis, not leading to a standard college degree, in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 18 hours per week net of instruction (excluding supervised study but which may include customary intervals not to exceed 10 minutes between hours of instruction) is required; (3) an academic high school course requiring sixteen units for a full course shall be considered a full-time course when (A) a minimum of four units per year is required or (B) an individual is pursuing a program of education leading to an accredited high school diploma at a rate which, if continued, would result in receipt of such a diploma in four ordinary school years. For the purpose of subclause (A) of this clause, a unit is defined to be not less than one hundred and twenty sixty-minute hours or their equivalent of study in any subject in one academic year; (4) an institutional undergraduate course offered by a college or university on a standard quarter- or semester-hour basis, other than a course pursued as part of a program of education beyond the baccalaureate level, shall be considered a full-time course when a minimum of fourteen semester hours per semester or the equivalent thereof (including such hours for which no credit is granted

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1788 — Transplant procedures with live donors

Page 487 TITLE 38—VETERANS’ BENEFITS § 1789 Another prior section 1791 was renumbered section 3695 of this title. Prior sections 1792 and 1793 were renumbered sections 3692 and 3693 of this title, respectively. Another prior section 1793, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, § 1789; amended Pub. L. 91–24, § 15, June 11, 1969, 83 Stat. 35; renumbered and amended Pub. L. 92–540, title III, § 316(2), title IV, § 403(12), Oct. 24, 1972, 86 Stat. 1086, 1090, required that the Adminis- trator not to approve of enrollment in any course in an institution listed by the Attorney General under sec- tion 12 of Executive Order 10450, prior to repeal by sec- tion 511(1) of Pub. L. 94–502. Prior sections 1794 to 1799 were renumbered sections 3694 to 3699 of this title, respectively, and sections 3698 and 3699 were subsequently repealed. AMENDMENTS 2022—Subsec. (b)(3). Pub. L. 117–328 substituted ‘‘sec- tion 1725(h)’’ for ‘‘section 1725(f)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 6, 2012, and applicable with re- spect to hospital care and medical services provided on or after Aug. 6, 2012, see section 102(d) of Pub. L. 112–154, set out as an Effective Date of 2012 Amendment note under section 1710 of this title. § 1788. Transplant procedures with live donors and related services (a) IN GENERAL.—Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the De- partment. (b) OTHER SERVICES.—Subject to the avail- ability of appropriations for such purpose,

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