PolicyBrief
S. 1071
119th CongressAug 1st 2025
A bill to require the Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas, and for other purposes.
SENATE PASSED

This bill mandates the Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery after notifying next of kin.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

VA Must Disinter Specific Remains From Fort Sam Houston Cemetery Within One Year

This bill is essentially a highly specific administrative order. It mandates that the Secretary of Veterans Affairs must disinter (exhume) the remains of one person, Fernando V. Cota, from the Fort Sam Houston National Cemetery in Texas. This action must be completed no later than one year after the bill becomes law.

The Administrative Checklist

Before the VA can move the remains, they have to complete a crucial step: notifying the next of kin. This isn't just a courtesy; it’s a legal requirement built into the bill (SEC. 1). The notification ensures the family is aware of the planned disinterment before any action is taken, which is a necessary safeguard when dealing with sensitive matters like this.

The Final Disposition Question

Once the remains are disinterred, the bill lays out two clear paths for what happens next. If the next of kin responds to the VA’s notification, the remains will be turned over to them. This gives the family control over the final resting place. However, if the next of kin does not respond, the Secretary of Veterans Affairs is directed to arrange the final disposition “however they see fit.” This means the VA takes over the responsibility completely, which is standard procedure for unclaimed remains, but it does grant the Secretary significant discretion in that scenario.

Why a Bill for One Person?

For most people juggling work and family, it might seem unusual that Congress would pass a law directing the VA to handle the remains of one specific individual. This is what’s known as a “private bill” in legislative terms—a bill designed to address a unique situation for a single person or entity. While it resolves a very particular situation for the Cota family, it does require the VA to spend administrative time and resources on a single case rather than on broader policy changes. For the VA, this means dedicating staff and budget to fulfilling this specific legislative directive within the one-year deadline, pulling resources that might otherwise go toward general cemetery maintenance or veterans' services.