This bill mandates the Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery and return them to next of kin or arrange for alternative disposition.
Morgan Luttrell
Representative
TX-8
This bill mandates the Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery within one year of enactment. Before proceeding, the Secretary must notify the next of kin. The remains will then be relinquished to the next of kin or disposed of as the Secretary deems appropriate if no kin responds.
This legislation requires the Secretary of Veterans Affairs (VA) to arrange for the disinterment of the remains of one specific person, Fernando V. Cota, from Fort Sam Houston National Cemetery in Texas. This isn't a broad policy change; it’s a highly targeted administrative order that must be carried out no later than one year after the bill becomes law.
Think of this as a very specific, mandated administrative task for the VA. The bill lays out a clear process, focusing on procedural protection for the family. Before the VA can move forward with the disinterment, it must notify Mr. Cota’s next of kin. This step is critical—it ensures the family is aware and has a say in the final disposition of the remains.
Once the disinterment happens, the VA has two paths for the remains. The primary goal is to relinquish them to the next of kin who was notified. This suggests the bill is intended to facilitate a family request to move the veteran's resting place. However, if the next of kin doesn't respond to the notification, the VA is then tasked with arranging for the disposition of the remains “as the Secretary determines appropriate.” This fallback clause gives the VA necessary discretion to handle the remains respectfully if the family is unreachable or declines to take possession.
For the average person, this bill has virtually no direct impact. It doesn't change eligibility for burial benefits, affect cemetery operations generally, or create new VA programs. The impact is narrow: it ensures a specific administrative action takes place, likely resolving a long-standing issue for one family. The cost to taxpayers is minimal—it’s the minor administrative expense associated with executing this single, mandated disinterment and transfer.
For the Department of Veterans Affairs, this is a clear, non-negotiable directive with a firm deadline. The VA must dedicate resources to track down the next of kin, perform the physical disinterment, and facilitate the transfer, all within the one-year window. While the VA handles disinterments regularly, it's rare for Congress to mandate such a specific action for an individual, underscoring the legislative intent to prioritize this specific family's request.