---
kind: "section"
citation: "5 U.S.C. § 8172"
title: "5"
title_heading: "Government Organization and Employees"
number: "8172"
heading: "Employees not citizens or residents of the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8172"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter II — Employees of Nonappropriated Fund Instrumentalities"
---

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


In case of disability or death resulting from [injury](/usc/5/8101.md?p=5), as defined by section 2(2) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 902(2)](/usc/33/902.md?p=2)), occurring to an [employee](/usc/5/8101.md?p=1) of a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality described by [section 2105(c) of this title](/usc/5/2105.md?p=c) who is—

- (1) not a citizen or permanent resident of the [United States](/usc/5/7103.md?p=a-18) or a territory or possession of the [United States](/usc/5/7103.md?p=a-18); and
- (2) employed outside the continental [United States](/usc/5/7103.md?p=a-18);

[compensation](/usc/5/8101.md?p=12) shall be provided in accordance with regulations prescribed by the [Secretary](/usc/5/9901.md?p=2) of the military [department](/usc/5/10101.md?p=4) concerned and approved by the [Secretary](/usc/5/9901.md?p=2) of Defense or regulations prescribed by the [Secretary](/usc/5/9901.md?p=2) of Transportation, as the case may be.


## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>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 Notes

### Amendments

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.