SenateS. 5624119th Congress

Honoring Fallen Wildland Firefighters Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5624 Introduced in Senate (IS)]

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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.''.
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