
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8137]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8137. Compensation for noncitizens and nonresidents

    (a) When the Secretary of Labor finds that the amount of 
compensation payable to an employee who is neither a citizen nor 
resident of the United States or Canada, or payable to a dependent of 
such an employee, is substantially disproportionate to compensation for 
disability or death payable in similar cases under local statute, 
regulations, custom, or otherwise at the place outside the continental 
United States or Canada where the employee is working at the time of 
injury, he may provide for payment of compensation 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 provisions or 
    other local statute, regulation, or custom applicable in cases of 
    personal injury or death; or
        (2) establishing special schedules of compensation for injury, 
    death, and loss of use of members and functions of the body for 
    specific classes of employees, 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, death, and medical or other benefits;
        (B) modify or limit the percentages of the wage of the employee 
    payable as compensation for the injury 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 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 paid under this subsection is instead of all other 
compensation from the United States for the same injury or death, and a 
payment made under this subsection is deemed compensation under this 
subchapter and is satisfaction of all liability of the United States in 
respect to the particular injury or death.
    (c) The Secretary may delegate to an employee or agency of the 
United States, with such limitations and right of review as he considers 
advisable, authority to process, adjudicate, commute by lump-sum award, 
compromise, and pay a claim or class of claims for compensation, 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 and benefits as he considers necessary and 
proper.

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

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 793 (5th par., less  July 28, 1945, ch.
                      penultimate sentence).        328, Sec.  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.
