,,ii #aaith ,,congress #b;d ,session ,s4 #efbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,merkley 7for himself and ,mr4 ,curtis7 introduced the following bill2 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 duty1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,honoring ,fallen ,wildland ,firefighters ,act of #bjbf4 #b4 ,death gratuity for injuries incurred in connection with service as a wildland firefighter 7a7 ,in general ,subchapter ,i of chapter #ha of title #e1 ,united ,states ,code1 is amended by inserting after section #hajb;a the following3 #hajb;b4 ,death gratuity for injuries incurred in connection with service as a wildland firefighter 7a7 ,definitions ,in this section3 7#a7 ,covered wildland firefighter ,the term covered wildland firefighter means-- 7,a7 a wildland firefighter2 and 7,b7 an eligible contractor4 7#b7 ,covered public agency ,the term covered public agency means-- 7,a7 the ,forest ,service2 7,b7 any agency of the ,department of the ,interior2 and 7,c7 any ,state or local firefighting entity4 7#c7 ,eligible contractor ,the term eligible contractor means an individual who-- 7,a7 serves a covered public agency as a contractor or subcontractor of the covered public agency in an official capacity1 with or without compensation2 7,b7 performs under an exclusive use1 call when needed1 or equipment rental agreement contract with the covered public agency2 and 7,c7 directly performs fire suppression activities as a member of an aerial or ground-based firefighting crew or equipment operator in the direct fire suppression1 or en route to or return from such direct fire suppression activity4 7#d7 ,wildland firefighter ,the term wildland firefighter means a firefighter1 as defined in section #eccb;a-- 7,a7 who is employed by a covered public agency2 and 7,b7 the duties of the position of whom primarily relate to fires occurring in forests1 range lands1 or other wildlands1 as opposed to structural fires4 7b7 ,death gratuity authorized 7#a7 ,in general ,the ,united ,states shall pay a death gratuity equal to the amount described in paragraph 7#b7 to or for the survivor prescribed by subsection 7c7 immediately upon receiving official notification of the death of a covered wildland firefighter who dies1 or died1 on or after ,january #a1 #bjbf1 of injuries incurred-- 7,a7 in connection with the service of the covered wildland firefighter2 and 7,b7 in the line of duty4 7#b7 ,amount ,the amount of the death gratuity payable under paragraph 7#a7 shall be equal to the maximum amount of the death gratuity payable under section #hajb;a7a74 7c7 ,eligible survivors 7#a7 ,in general ,subject to paragraph 7#f71 a death gratuity payable upon the death of a covered wildland firefighter who is covered by subsection 7b7 shall be paid to or for the living survivor highest on the following list3 7,a7 ,the surviving spouse of the covered wildland firefighter4 7,b7 ,the children of the covered wildland firefighter1 as prescribed by paragraph 7#b71 in equal shares4 7,c7 ,if designated by the covered wildland firefighter1 any #a or more of the following individuals3 7i7 ,the parents or persons in loco parentis of the covered wildland firefighter1 as prescribed by paragraph 7#c74 7ii7 ,the brothers of the covered wildland firefighter4 7iii7 ,the sisters of the covered wildland firefighter4 7,d7 ,the parents or persons in loco parentis of the covered wildland firefighter1 as prescribed by paragraph 7#c71 in equal shares4 7,e7 ,the brothers and sisters of the covered wildland firefighter in equal shares4 7#b7 ,children ,paragraph 7#a77;,b7 applies1 without regard to age or marital status1 to-- 7,a7 legitimate children2 7,b7 adopted children2 7,c7 stepchildren who were a part of the household of the decedent at the time of death2 7,d7 illegitimate children of a female decedent2 and 7,e7 illegitimate children of a male decedent-- 7i7 who have been acknowledged in writing signed by the decedent2 7ii7 who have been judicially determined1 before the death of the decedent1 to be children of the decedent2 7iii7 who have been otherwise proved1 by evidence satisfactory to the employing agency1 to be children of the decedent2 or 7iv7 to whose support the decedent had been judicially ordered to contribute4 7#c7 ,parents and persons in loco parentis 7,a7 ,in general ,subject to subparagraph 7,b71 subparagraphs 7,c77i7 and 7,d7 of paragraph 7#a71 so far as those subparagraphs apply to parents and persons in loco parentis1 include fathers and mothers through adoption and any individual who stood in loco parentis to the decedent for a period of not less than #a year at any time before the decedent became a covered wildland firefighter4 7,b7 ,requirements ,only #a father and #a mother1 or their counterparts in loco parentis1 may be recognized in any case1 and preference shall be given to those individuals who exercised a parental relationship on the date1 or most nearly before the date1 on which the decedent became a covered wildland firefighter4 7#d7 ,brothers and sisters ,subparagraphs 7,c77ii71 7,c77iii71 and 7,e71 so far as those subparagraphs apply to brothers and sisters1 include brothers and sisters of the half blood and those through adoption4 7#e7 ,alternate designation 7,a7 ,in general ,a covered wildland firefighter covered by this section may designate another individual to receive an amount payable under this section4 7,b7 ,amount to be received ,a designation under subparagraph 7,a7 shall indicate the percentage of the amount1 to be specified only in #aj percent increments1 that the designated individual may receive4 7,c7 ,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 7,a7 through 7,e7 of paragraph 7#a74 7#f7 ,death prior to receipt of death gratuity ,if an individual entitled to all or a portion of a death gratuity under paragraph 7#a7 or 7#e7 dies before the individual receives the death gratuity1 the death gratuity shall be paid to the living survivor next in the order prescribed by paragraph 7#a74 7#g7 ,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 section1 the head of the agency1 or other entity1 in which that covered wildland firefighter is employed shall provide notice of the designation to the spouse4 7d7 ,additional nature of death gratuity ,any death gratuity paid under this section shall be in addition to1 and not in lieu of1 any compensation payable under section #hacc4 4 7b7 ,clerical amendment ,the table of sections for chapter #ha of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #hajb;a the following3 #hajb;b4 ,death gratuity for injuries incurred in connection with service as a ,federal wildland firefighter4 4