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).