
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8134]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8134. Funeral expenses; transportation of body

    (a) If death results from an injury sustained in the performance of 
duty, the United States shall pay, to the personal representative of the 
deceased or otherwise, funeral and burial expenses not to exceed $800, 
in the discretion of the Secretary of Labor.
    (b) The body of an employee whose home is in the United States, in 
the discretion of the Secretary, may be embalmed and transported in a 
hermetically sealed casket to his home or last place of residence at the 
expense of the Employees' Compensation Fund if--
        (1) the employee dies from--
            (A) the injury while away from his home or official station 
        or outside the United States; or
            (B) from other causes while away from his home or official 
        station for the purpose of receiving medical or other services, 
        appliances, supplies, or examination under this subchapter; and

        (2) the relatives of the employee request the return of his 
    body.

If the relatives do not request the return of the body of the employee, 
the Secretary may provide for its disposition and incur and pay from the 
Employees' Compensation Fund the necessary and reasonable 
transportation, funeral, and burial expenses.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 548.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 761.                 Sept. 7, 1916, ch.
                                                    458, Sec.  11, 39
                                                    Stat. 745.
                     ............................  Feb. 12, 1927, ch.
                                                    110, Sec.  4, 44
                                                    Stat. 1087.
                     ............................  July 28, 1945, ch.
                                                    328, Sec.  2 (last
                                                    24 words), 59 Stat.
                                                    503.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  107, 63
                                                    Stat. 860.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    103, 74 Stat. 906.
------------------------------------------------------------------------

    In subsection (a), the words ``an injury sustained in the 
performance of duty'' are substituted for ``the injury'' to clearly 
identify the type of injury to which the section refers.
    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.


    Availability of Department of the Interior and Related Agencies 
Appropriations To Reimburse Representatives of Employees Killed in Line 
                                 of Duty

    Pub. L. 103-332, title III, Sec. 312, Sept. 30, 1994, 108 Stat. 
2537, provided that: ``Notwithstanding any other provision of law in 
fiscal year 1995 and thereafter, appropriations made available to any 
department or agency in a Department of the Interior and Related 
Agencies Appropriations Act shall be available to that department or 
agency to reimburse the representative (as that term is defined by 
applicable law) of employees killed in the line of duty after January 1, 
1994, and in subsequent fiscal years, for burial costs and related out-
of-pocket expenses: Provided, That the amount of such reimbursement may 
exceed the $800 limitation in 5 U.S.C. 8134(a): Provided further, That 
funds provided pursuant to this authority may not exceed $10,000 per 
employee.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8109, 8133, 8146 of this 
title; title 38 section 2307.
