
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8140]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8140. Members of the Reserve Officers' Training Corps

    (a) Subject to the provisions of this section, this subchapter 
applies to a member of, or applicant for membership in, the Reserve 
Officers' Training Corps of the Army, Navy, or Air Force who suffers an 
injury, disability, or death incurred, or an illness contracted, in line 
of duty--
        (1) while engaged in a flight or in flight instruction under 
    chapter 103 of title 10; or
        (2) during the period of the member's attendance at training or 
    a practice cruise under chapter 103 of title 10, United States Code, 
    beginning when the authorized travel to the training or practice 
    cruise begins and ending when authorized travel from the training or 
    practice cruise ends.

    (b) For the purpose of this section, an injury, disability, death, 
or illness of a member referred to in subsection (a) may be considered 
as incurred or contracted in line of duty only if the injury, 
disability, or death is incurred, or the illness is contracted, by the 
member during a period described in that subsection. Subject to review 
by the Secretary of Labor, the Secretary of the military department 
concerned (under regulations prescribed by that Secretary), shall 
determine whether an injury, disability, or death was incurred, or an 
illness was contracted, by a member in line of duty.
    (c) In computing the compensation payable under this section, the 
monthly pay received by the injured or deceased individual, in cash and 
kind, is deemed $150.
    (d) The Secretary of the military department concerned shall 
cooperate fully with the Department of Labor in the prompt investigation 
and prosecution of a case involving the legal liability of a third party 
other than the United States.
    (e) An individual may not receive disability benefits under this 
section while on active duty with the armed forces, but these benefits 
may be reinstated when the individual is released from that active duty.
    (f) Expenses incurred by a military department in providing 
hospitalization, medical and surgical care, necessary transportation 
incident to that hospitalization or medical and surgical care, or in 
connection with a funeral and burial on behalf of an individual covered 
by subsection (a) of this section shall be reimbursed by the Secretary 
of Labor from the Employees' Compensation Fund in accordance with this 
subchapter. However, reimbursement may not be made for hospitalization 
or medical or surgical care provided an individual by a military 
department in a facility of a military department.
    (g) For purposes of this section, the term ``applicant for 
membership'' includes a student enrolled, during a semester or other 
enrollment term, in a course which is part of Reserve Officers' Training 
Corps instruction at an educational institution.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 550; Pub. L. 100-456, div. A, 
title VI, Sec. 633(b), Sept. 29, 1988, 102 Stat. 1986; Pub. L. 105-261, 
div. A, title VI, Sec. 655(a)-(c), Oct. 17, 1998, 112 Stat. 2053.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 802.                 Aug. 1, 1956, ch.
                                                    830, Sec.  4, 70
                                                    Stat. 805.
                                                   Oct. 13, 1964, Pub.
                                                    L. 88-647, Sec.
                                                    302, 78 Stat. 1073.
------------------------------------------------------------------------

    In subsection (a), the words ``Subject to the provisions of this 
section'' are added for clarity.
    In subsection (c), the last sentence of former section 802(b) is 
omitted as unnecessary.
    In subsection (d), the words ``Nothing in this section shall be 
construed to hinder the prompt action authorized by sections 776 and 777 
of this title in any case involving the legal liability of a third party 
other than the United States'' are omitted as unnecessary as there is 
nothing in the section that reasonably could be so construed.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261, Sec. 655(c), inserted ``, or an 
illness contracted,'' after ``death incurred'' in introductory 
provisions.
    Subsec. (a)(2). Pub. L. 105-261, Sec. 655(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``while 
performing authorized travel to or from, or while attending, training or 
a practice cruise under chapter 103 of title 10.''
    Subsec. (b). Pub. L. 105-261, Sec. 655(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``For the 
purpose of this section, an injury is incurred in line of duty only if 
it is the proximate result of the performance of military training by 
the member concerned, or of his travel to or from that training, during 
the periods specified by subsection (a)(2) of this section. A member or 
applicant for membership who contracts a disease or illness which is the 
proximate result of the performance of training during the periods 
specified by subsection (a)(2) of this section is considered for the 
purpose of this section to have been injured in line of duty during that 
period. Subject to review by the Secretary of Labor, the Secretary of 
the military department concerned, under regulations prescribed by him, 
shall determine whether or not an injury, disease, or illness was 
incurred or contracted in line of duty and was the proximate result of 
the performance of military training by the member concerned or of his 
travel to or from that military training.''
    1988--Subsec. (a). Pub. L. 100-456, Sec. 633(b)(1)(A), substituted 
``who suffers an injury, disability, or death'' for ``who suffers 
disability or death from an injury'' in introductory provisions.
    Subsec. (a)(2). Pub. L. 100-456, Sec. 633(b)(1)(B), struck out 
``field'' before ``training''.
    Subsec. (f). Pub. L. 100-456, Sec. 633(b)(2), substituted ``by a 
military department in a facility of a military department'' for ``while 
attending field training or a practice cruise under chapter 103 of title 
10''.
    Subsec. (g). Pub. L. 100-456, Sec. 633(b)(3), added subsec. (g).


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. A, title VI, Sec. 655(d), Oct. 17, 1998, 112 
Stat. 2053, provided that: ``The amendments made by subsections (a) and 
(b) [amending this section] shall take effect on the date of the 
enactment of this Act [Oct. 17, 1998] and apply with respect to 
injuries, illnesses, disabilities, and deaths incurred or contracted on 
or after that date.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-456 applicable only with respect to 
training performed after Sept. 30, 1988, see section 633(e) of Pub. L. 
100-456, set out as a note under section 2109 of Title 10, Armed Forces.


      Different Coverage for Reserve Officer Training Corps Members

    Pub. L. 97-306, title I, Sec. 113(c), Oct. 14, 1982, 96 Stat. 1432, 
provided that: ``Notwithstanding section 8140 of title 5, United States 
Code, subchapter I of chapter 81 of such title does not apply in the 
case of a disability suffered by a member of the Reserve Officers' 
Training Corps of the Army, Navy, or Air Force that is compensable under 
chapter 11 of title 38, United States Code, or a death suffered by such 
a member for which dependency and indemnity compensation is payable 
under chapter 13 of such title [section 401 et seq. of Title 38].''
    [Section 113(d) of Pub. L. 97-306 provided that these provisions 
shall apply only with respect to deaths and disabilities resulting from 
diseases or injuries incurred or aggravated after September 30, 1982.]

                  Section Referred to in Other Sections

    This section is referred to in title 38 section 101.
