5 USC § 8172 - Employees not citizens or residents of the United States

---
identifier: "/us/usc/t5/s8172"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 8172 - Employees not citizens or residents of the United States"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "8172"
section_name: "Employees not citizens or residents of the United States"
chapter_number: 81
chapter_name: "COMPENSATION FOR WORK INJURIES"
subchapter_number: "II"
subchapter_name: "EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–272, § 4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)"
---


# § 8172. Employees not citizens or residents of the United States

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.

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**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–272, § 4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.)

| Derivation | U.S. Code | Revised 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— substituted “()” for “()” in introductory provisions.

1994— substituted “section 2(2) of the Longshore and Harbor Workers’ Compensation Act ()” for “” in introductory provisions.

substituted “Secretary of Transportation” for “Secretary of the Treasury” in concluding provisions.