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(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, regulation, 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.
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