Headstones for Honor Act
This bill expands eligibility for Department of Veterans Affairs headstones or markers for unmarked graves (or graves in private cemeteries) of specified individuals, including enslaved individuals who served in the Armed Forces in lieu of another individual or those who performed a military function while prohibited from serving as a member of the Armed Forces on the basis of race, gender, sex, or ethnicity.
To amend title 38, United States Code, to direct the Secretary of 
  Veterans Affairs to furnish headstones, markers, and medallions for 
 graves of certain enslaved individuals and individuals who performed 
 military functions despite ineligibility to serve in the Armed Forces.

    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 ``Headstones for Honor Act''.

SEC. 2. ELIGIBILITY FOR HEADSTONES, MARKERS, AND MEDALLIONS, FURNISHED 
              BY THE SECRETARY OF VETERANS AFFAIRS, FOR GRAVES OF 
              CERTAIN ENSLAVED INDIVIDUALS AND INDIVIDUALS WHO 
              PERFORMED MILITARY FUNCTIONS DESPITE INELIGIBILITY TO 
              SERVE IN THE ARMED FORCES.

    (a) Establishment.--Section 2306 of title 38, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``and Navies'' 
                after ``Armies''; and
                    (B) by inserting, after paragraph (5), the 
                following new paragraphs:
            ``(6) Any enslaved individual, determined by the Secretary 
        to have--
                    ``(A) accompanied a member of the Armed Forces or a 
                Civil War veteran (as that term is defined in section 
                1501 of this title) during active military or naval 
                service of such member or Civil War veteran; or
                    ``(B) served in the Armed Forces (or Confederate 
                Army or Navy) in lieu of another individual.
            ``(7) Any individual determined by the Secretary to have 
        performed a military function while prohibited from serving as 
        a member of the Armed Forces--
                    ``(A) by Federal, State, or Tribal law; and
                    ``(B) on the basis of race, gender, sex, or 
                ethnicity.'';
            (2) in subsection (d)(1), by striking ``or (5)'' and 
        inserting ``(5), (6), or (7)'';
            (3) by redesignating subsection (j) as subsection (l); and
            (4) by inserting, after subsection (i), the following new 
        subsections (j) and (k):
    ``(j) With respect to an individual described in paragraph (6) of 
subsection (a), who served in the military or naval forces of the 
Confederate States of America during the Civil War, a headstone, 
marker, or medallion, furnished by the Secretary, shall include 
language that denotes such individual was forced to support their own 
enslavement.
    ``(k) With respect to an individual described in paragraph (6) or 
(7) of subsection (a), a request to the Secretary for a headstone, 
marker, or medallion may be made only by--
            ``(1) a direct descendant of the individual described in 
        such paragraph; or
            ``(2) an individual whom the Secretary determines has made 
        a sufficiently reasonable attempt to solicit, from such a known 
        direct descendant, consent to make such request on behalf of 
        such direct descendant.''.
    (b) Conforming Amendment.--Section 2207(a)(1) of the Johnny Isakson 
and David P. Roe, M.D. Veterans Health Care and Benefits Improvement 
Act of 2020 (Public Law 116-315) is amended by striking ``subsections 
(h), (i), and (j) as subsections (i), (j), and (k)'' and inserting 
``subsections (h) through (l) as subsections (i) through (m)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the earlier of the following:
            (1) The day on which the Secretary prescribes regulations 
        under subsection (d).
            (2) The day that is one year after the date of the 
        enactment of this Act.
    (d) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
prescribe regulations to carry out the amendments made by subsection 
(a), that--
            (1) are informed by comment, solicited by the Secretary, 
        from--
                    (A) Civil War historians;
                    (B) civil rights organizations; and
                    (C) direct descendants of individuals described in 
                under paragraphs (6) and (7) of section 2306(a) of 
                title 38, United States Code, as added by such 
                amendments;
            (2) define the term ``military function'' for purposes of 
        such section, as amended; and
            (3) establish what evidence the Secretary may consider when 
        determining performance of military functions of such 
        individuals or family relationships to such individuals. Such 
        evidence shall include the following:
                    (A) Federal or State pay records.
                    (B) Federal or State pension records.
                    (C) Confederate pay records.
                    (D) Regimental histories.
                    (E) Newspapers.
                    (F) Photographs.
                    (G) Ship logs.
                    (H) Diaries.
                    (I) Family records, including bibles.
                    (J) Church records.
    (e) Report.--Not later than 15 months after the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and the House of Representatives a 
report on the implementation of the amendments made by subsection (a) 
and the regulations prescribed under subsection (d).
                                 <all>
Headstones for Honor Act
To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to furnish headstones, markers, and medallions for graves of certain enslaved individuals and individuals who performed military functions despite ineligibility to serve in the Armed Forces.
Headstones for Honor Act
Rep. Brown, Anthony G.