---
kind: "section"
citation: "5 U.S.C. § 8138"
title: "5"
title_heading: "Government Organization and Employees"
number: "8138"
heading: "Minimum limit modification for noncitizens and aliens"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8138"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8138. Minimum limit modification for noncitizens and aliens

- (a) Except as provided by [subsection (b)](#b) of this section, the minimum limit on monthly [compensation](/usc/5/8101.md?p=12) for disability under [section 8112 of this title](/usc/5/8112.md) and the minimum limit on [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed under [section 8133 of this title](/usc/5/8133.md) do not apply in the case of a noncitizen [employee](/usc/5/8101.md?p=1), or a class or classes of noncitizen [employees](/usc/5/8101.md?p=1), who sustain [injury](/usc/5/8101.md?p=5) outside the continental [United States](/usc/5/7103.md?p=a-18). The [Secretary](/usc/5/9901.md?p=2) of Labor may establish a minimum [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed in the case of a class or classes of such noncitizen [employees](/usc/5/8101.md?p=1).
- (b) The President may remove or modify the minimum limit on monthly [compensation](/usc/5/8101.md?p=12) for disability under [section 8112 of this title](/usc/5/8112.md) and the minimum limit on [monthly pay](/usc/5/8101.md?p=4) on which death [compensation](/usc/5/8101.md?p=12) is computed under [section 8133 of this title](/usc/5/8133.md) in the case of an alien [employee](/usc/5/8101.md?p=1), or a class or classes of alien [employees](/usc/5/8101.md?p=1), of the Canal Zone [Government](/usc/5/4101.md?p=3) or the Panama Canal Company.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 550.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
| (a) | 5 U.S.C. 793 (4th par., less 2d sentence). | July 29, 1942, ch. 533 (less 2d sentence), 56 Stat. 725.<br>Sept. 13, 1960, Pub. L. 86–767, § 210, 74 Stat. 910. |
| (b) | 5 U.S.C. 793 (2d sentence of 2d par.). | Sept. 7, 1916, ch. 458, § 42 (2d sentence of 2d par.), 39 Stat. 750. |
|  |  | Apr. 6, 1938, ch. 79 “Sec. 42 (2d sentence of 2d par.)”, 52 Stat. 201. |

In subsection (a), the words “in his discretion” are omitted as unnecessary in view of the permissive nature of the authority. The word “continental” is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.

In subsection (b), the words “Canal Zone Government” and “Panama Canal Company” are substituted for “Panama Canal” and “Panama Railroad Company”, respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038.

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.

### Editorial Notes

### References in Text

For definition of Canal Zone Government and Panama Canal Company, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.