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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6830 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6830
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2022
Mr. Brown of Maryland (for himself and Mr. Bacon) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
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>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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