5 U.S.C. § 8138 — Minimum limit modification for nonciti-

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 ‘‘in his discretion’’ are omitted as unnecessary in view of the permissive na- ture of the authority. The word ‘‘continental’’ is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137. In subsection (b), the words ‘‘Canal Zone Govern- ment’’ and ‘‘Panama Canal Company’’ are substituted for ‘‘Panama Canal’’ and ‘‘Panama Railroad Company’’, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038. Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145). 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. Editorial Notes REFERENCES IN TEXT For definition of Canal Zone Government and Pan- ama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. § 8139. Employees of the District of Columbia Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the govern- ment of the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 794 (less 1st sentence). July 11, 1919, ch. 7, § 11 (less 1st sentence), 41 Stat. 104. The words ‘‘Compensation awarded’’ are substituted for ‘‘Such compensation as the Secretary may award’’. The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended, 31 U.S.C. 2 et seq., prescribes the procedures for presenting all budget estimates for the government of the District of Columbia and provides that the budget submission to Congress be made by the President. 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. Statutory Notes and Related Subsidiaries PROCESSING OF CLAIMS FILED BY DISTRICT OF COLUMBIA EMPLOYEES See Pub. L. 93–198, title II, § 204(e), Dec. 24, 1973, 87 Stat. 783, set out as a note under section 8101 of this title. § 8140. Members of the Reserve Officers’ Training Corps (a) Subject to the provisions of this section, this subchapter applies to a member of, or appli- cant for membership in, the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death in- curred, or an illness contracted, in line of duty— (1) while engaged in a flight or in flight in- struction under chapter 103 of title 10; or (2) during the period of the member’s attend- ance at training or a practice cruise under chapter 103 of title 10, United States Code, be- ginning 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 in- curred 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 Depart- ment of Labor in the prompt investigation and prosecution of a case involving the legal liabil- ity of a third party other than the United States. (e) An individual may not receive disability benefits under this section while on active duty