Honoring Fallen Wildland Firefighters Act of 2026

Jeff Merkley

Democrat · OR · Senator

Source: Congress.gov · FEC

• John R. Curtis (R-UT)Original· 2026-09-30

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

2026-09-30

Source: Congress.gov

Plain-English summary pending. Introduced on 2026-09-30. Check back soon — summaries are generated as bills progress through Congress.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5624 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 5624 To provide a lump sum death gratuity payment for Federal wildland firefighters killed as a result of duty, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 30, 2026 Mr. Merkley (for himself and Mr. Curtis) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To provide a lump sum death gratuity payment for Federal wildland firefighters killed as a result of duty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Fallen Wildland Firefighters Act of 2026''. SEC. 2. DEATH GRATUITY FOR INJURIES INCURRED IN CONNECTION WITH SERVICE AS A WILDLAND FIREFIGHTER. (a) In General.--Subchapter I of chapter 81 of title 5, United States Code, is amended by inserting after section 8102a the following: ``Sec. 8102b. Death gratuity for injuries incurred in connection with service as a wildland firefighter ``(a) Definitions.--In this section: ``(1) Covered wildland firefighter.--The term `covered wildland firefighter' means-- ``(A) a wildland firefighter; and ``(B) an eligible contractor. ``(2) Covered public agency.--The term `covered public agency' means-- ``(A) the Forest Service; ``(B) any agency of the Department of the Interior; and ``(C) any State or local firefighting entity. ``(3) Eligible contractor.--The term `eligible contractor' means an individual who-- ``(A) serves a covered public agency as a contractor or subcontractor of the covered public agency in an official capacity, with or without compensation; ``(B) performs under an exclusive use, call when needed, or equipment rental agreement contract with the covered public agency; and ``(C) directly performs fire suppression activities as a member of an aerial or ground-based firefighting crew or equipment operator in the direct fire suppression, or en route to or return from such direct fire suppression activity. ``(4) Wildland firefighter.--The term `wildland firefighter' means a firefighter, as defined in section 5332a-- ``(A) who is employed by a covered public agency; and ``(B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires. ``(b) Death Gratuity Authorized.-- ``(1) In general.--The United States shall pay a death gratuity equal to the amount described in paragraph (2) to or for the survivor prescribed by subsection (c) immediately upon receiving official notification of the death of a covered wildland firefighter who dies, or died, on or after January 1, 2026, of injuries incurred-- ``(A) in connection with the service of the covered wildland firefighter; and ``(B) in the line of duty. ``(2) Amount.--The amount of the death gratuity payable under paragraph (1) shall be equal to the maximum amount of the death gratuity payable under section 8102a(a). ``(c) Eligible Survivors.-- ``(1) In general.--Subject to paragraph (6), a death gratuity payable upon the death of a covered wildland firefighter who is covered by subsection (b) shall be paid to or for the living survivor highest on the following list: ``(A) The surviving spouse of the covered wildland firefighter. ``(B) The children of the covered wildland firefighter, as prescribed by paragraph (2), in equal shares. ``(C) If designated by the covered wildland firefighter, any 1 or more of the following individuals: ``(i) The parents or persons in loco parentis of the covered wildland firefighter, as prescribed by paragraph (3). ``(ii) The brothers of the covered wildland firefighter. ``(iii) The sisters of…

the covered wildland firefighter. ``(D) The parents or persons in loco parentis of the covered wildland firefighter, as prescribed by paragraph (3), in equal shares. ``(E) The brothers and sisters of the covered wildland firefighter in equal shares. ``(2) Children.--Paragraph (1)(B) applies, without regard to age or marital status, to-- ``(A) legitimate children; ``(B) adopted children; ``(C) stepchildren who were a part of the household of the decedent at the time of death; ``(D) illegitimate children of a female decedent; and ``(E) illegitimate children of a male decedent-- ``(i) who have been acknowledged in writing signed by the decedent; ``(ii) who have been judicially determined, before the death of the decedent, to be children of the decedent; ``(iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or ``(iv) to whose support the decedent had been judicially ordered to contribute. ``(3) Parents and persons in loco parentis.-- ``(A) In general.--Subject to subparagraph (B), subparagraphs (C)(i) and (D) of paragraph (1), so far as those subparagraphs apply to parents and persons in loco parentis, include fathers and mothers through adoption and any individual who stood in loco parentis to the decedent for a period of not less than 1 year at any time before the decedent became a covered wildland firefighter. ``(B) Requirements.--Only 1 father and 1 mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those individuals who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became a covered wildland firefighter. ``(4) Brothers and sisters.--Subparagraphs (C)(ii), (C)(iii), and (E), so far as those subparagraphs apply to brothers and sisters, include brothers and sisters of the half blood and those through adoption. ``(5) Alternate designation.-- ``(A) In general.--A covered wildland firefighter covered by this section may designate another individual to receive an amount payable under this section. ``(B) Amount to be received.--A designation under subparagraph (A) shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated individual may receive. ``(C) Payment of balance.--The balance of the amount of the death gratuity shall be paid to or for the living survivors of the covered wildland firefighter concerned in accordance with subparagraphs (A) through (E) of paragraph (1). ``(6) Death prior to receipt of death gratuity.--If an individual entitled to all or a portion of a death gratuity under paragraph (1) or (5) dies before the individual receives the death gratuity, the death gratuity shall be paid to the living survivor next in the order prescribed by paragraph (1). ``(7) Notice to spouse.--If a covered wildland firefighter covered by this section has a spouse but designates an individual other than the spouse to receive all or a portion of the amount payable under this section, the head of the agency, or other entity, in which that covered wildland firefighter is employed shall provide notice of the designation to the spouse. ``(d) Additional Nature of Death Gratuity.--Any death gratuity paid under this section shall be in addition to, and not in lieu of, any compensation payable under section 8133.''. (b) Clerical Amendment.--The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8102a the following: ``8102b. Death gratuity for injuries incurred in connection with service as a Federal wildland firefighter.''. <all>

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