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5 U.S.C. § 8140 — Members of the Reserve Officers’ Training Corps
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 5, Chapter 81, § 8140; chapter-081-compensation-for-work-injuries.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this section, the term “joint resolution” means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the rule submitted by the __ relating to __, and such rule shall have no force or effect.” (The blank spaces being appropriately filled in).
**(b)**
(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.
(2) For purposes of this section, the term “submission or publication date” means the later of the date on which—
(A) the Congress receives the report submitted under section 801(a)(1); or
(B) the rule is published in the Federal Register, if so published.
**(c)** In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the submission or publication date defined under subsection (b)(2), such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.
**(d)**
(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion t
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the further practical instruction of members of, and designated applicants for membership in, the program, the Secretary of the military department concerned may prescribe and conduct practical military training, in addition to field training and practice cruises prescribed under [section 2104(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6&num=0&edition=prelim). The Secretary concerned may require that some or all of the training prescribed under this subsection must be completed by a member before the member is commissioned.
**(b)** The Secretary of the military department concerned, with respect to practical military training prescribed under this section and field training and practice cruises prescribed under [section 2104(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6&num=0&edition=prelim), may—
(1) transport members of, and designated applicants for membership in, the program to and from the places designated for such training or practice cruises and furnish them subsistence while traveling to and from those places, or, instead of furnishing them transportation and subsistence, pay them a travel allowance at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for travel by the shortest usually traveled route from the places from which they are authorized to proceed to the place designated for the training or cruise and return, and pay the allowance for the return trip in advance;
(2) furnish medical attendance and supplies to members of, and designated applicants for membership in, the program while attending such training and practice cruises, and admit them to military hospita
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
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Federal law — U.S. Code and appendices · legal_authorities
Page 953
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8140
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
§ 8138. Minimum limit modification for nonciti-
zens and aliens
(a) Except as provided by subsection (b) of this
section, the minimum limit on monthly com-
pensation for disability under section 8112 of
this title and the minimum limit on monthly
pay on which death compensation is computed
under section 8133 of this title do not apply in
the case of a noncitizen employee, or a class or
classes of noncitizen employees, who sustain in-
jury outside the continental United States. The
Secretary of Labor may establish a minimum
monthly pay on which death compensation is
computed in the case of a class or classes of such
noncitizen employees.
(b) The President may remove or modify the
minimum limit on monthly compensation for
disability under section 8112 of this title and the
minimum limit on monthly pay on which death
compensation is computed under section 8133 of
this title in the case of an alien employee, or a
class or classes of alien employees, of the Canal
Zone Government or the Panama Canal Com-
pany.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
5 U.S.C. 793 (4th par.,
less 2d sentence).
July 29, 1942, ch. 533 (less 2d
sentence), 56 Stat. 725.
Sept. 13, 1960, Pub. L. 86–767,
§ 210, 74 Stat. 910.
(b) .............
5 U.S.C. 793 (2d sen-
tence of 2d par.).
Sept. 7, 1916, ch. 458, § 42 (2d
sentence of 2d par.), 39
Stat. 750.
Apr. 6, 1938, ch. 79 ‘‘Sec. 42
(2d sentence of 2d par.)’’,
52 Stat. 201.
In subsection (a), the words
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