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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 in line of duty--
(1) while engaged in a flight or in flight instruction under chapter 103
of title 10; or
(2) while performing authorized travel to or from, or while attending,
training or a practice cruise under chapter 103 of title 10.
(b) 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.
(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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