5 U.S.C. § 8172: Employees not citizens or…

Summary

If an employee of a nonappropriated fund instrumentality is not a U.S. citizen or permanent resident, works outside the continental United States, and is injured or killed as defined by the Longshore Act, they must receive compensation. The pay follows rules set by the relevant military department (approved by the Secretary of Defense) or by the Secretary of Transportation.

Title 5, §8172

Government Organization and Employees, Source: USLM XML via OLRC

In case of disability or death resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(2)), occurring to an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is—

(1)not a citizen or permanent resident of the United States or a territory or possession of the United States; and

(2)employed outside the continental United States;

compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 150k–1(b).July 18, 1958, Pub. L. 85–538, § 1 “Sec. 2(b)”, 72 Stat. 397. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1996—Pub. L. 104–106 substituted “(33 U.S.C. 902(2))” for “(33 U.S.C. 2(2))” in introductory provisions. 1994—Pub. L. 103–337 substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))” for “section 902(2) of title 33” in introductory provisions. Pub. L. 103–272 substituted “Secretary of Transportation” for “Secretary of the Treasury” in concluding provisions.

§8172 Employees Not Citizens or Residents of the United States