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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