U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER II— EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES

5 U.S.C. § 8172

Employees not citizens or residents of the United States

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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.(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.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes 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 NotesAmendments

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.

Notes of Decisions
Cited in 1 case, 1970–1970 · leading case: Army & Air Force Exch. Serv. v. Hanson, 360 F. Supp. 258 (D. Haw. 1970).
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Army & Air Force Exch. Serv. v. Hanson, 360 F. Supp. 258 (D. Haw. 1970). “397 ( 5 U.S.C. § 8172 ). The liability of the employer created by the Instrumentality Act is made exclusive.”
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