---
kind: "section"
citation: "5 U.S.C. § 8137"
title: "5"
title_heading: "Government Organization and Employees"
number: "8137"
heading: "Compensation for noncitizens and nonresidents"
release: "119-102"
url: "https://uscodex.org/usc/5/8137"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8137. Compensation for noncitizens and nonresidents

- (a) When the Secretary of Labor finds that the amount of [compensation](/usc/5/8101.md?p=12) payable to an [employee](/usc/5/8101.md?p=1) who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an [employee](/usc/5/8101.md?p=1), is substantially disproportionate to [compensation](/usc/5/8101.md?p=12) for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the [employee](/usc/5/8101.md?p=1) is working at the time of [injury](/usc/5/8101.md?p=5), he may provide for payment of [compensation](/usc/5/8101.md?p=12) on a basis reasonably in accord with prevailing local payments in similar cases by—
  - (1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s [compensation](/usc/5/8101.md?p=12) provisions or other local statute, regulation, or custom applicable in cases of personal [injury](/usc/5/8101.md?p=5) or death; or
  - (2) establishing special schedules of [compensation](/usc/5/8101.md?p=12) for [injury](/usc/5/8101.md?p=5), death, and loss of use of [members](/usc/5/5531.md?p=1) and functions of the body for specific classes of [employees](/usc/5/8101.md?p=1), areas, and places.

  Irrespective of the basis adopted, the Secretary may at any time—

  - (A) modify or limit the maximum monthly and total aggregate payments for [injury](/usc/5/8101.md?p=5), death, and medical or other benefits;
  - (B) modify or limit the percentages of the wage of the [employee](/usc/5/8101.md?p=1) payable as [compensation](/usc/5/8101.md?p=12) for the [injury](/usc/5/8101.md?p=5) or death; and
  - (C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
- (b) In a case under this section, the Secretary or his designee may—
  - (1) make a lump-sum award in the manner prescribed by [section 8135 of this title](/usc/5/8135.md) when he or his designee considers it to be for the best interest of the United States; and
  - (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.

  [Compensation](/usc/5/8101.md?p=12) paid under this subsection is instead of all other [compensation](/usc/5/8101.md?p=12) from the United States for the same [injury](/usc/5/8101.md?p=5) or death, and a payment made under this subsection is deemed [compensation](/usc/5/8101.md?p=12) under this subchapter and is satisfaction of all liability of the United States in respect to the particular [injury](/usc/5/8101.md?p=5) or death.

- (c) The Secretary may delegate to an [employee](/usc/5/8101.md?p=1) or [agency](/usc/5/500.md?p=a-1) of the United States, with such limitations and right of review as he considers advisable, [authority](/usc/5/7103.md?p=a-6) to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for [compensation](/usc/5/8101.md?p=12), and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
- (d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
  - (1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
  - (2) claimants under this section are alien enemies.
- (e) The Secretary may apply this section retrospectively with adjustment of [compensation](/usc/5/8101.md?p=12) and benefits as he considers necessary and proper.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 549.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 793 (5th par., less penultimate sentence). | July 28, 1945, ch. 328, § 4 (less penultimate sentence), 59 Stat. 503. |

The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words “United States” are used as a geographical reference.

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 definitions applicable and the style of this title as outlined in the preface to the report.