S. 1071: National Defense Authorization Act for Fiscal Year 2026

This bill requires the Secretary of Veterans Affairs to remove the remains of Fernando V. Cota from Fort Sam Houston National Cemetery in Texas and return them to his family or arrange for a different burial.

Summary Senate Bill 1071 is a specific mandate directed at the Department of Veterans Affairs (VA). Its primary purpose is to authorize and require the disinterment (removal) of Fernando V. Cota from a federal veterans' cemetery. The bill outlines the timeline for this removal and the protocols for handling the remains once they are recovered.

Key Provisions

• Mandatory Disinterment: The Secretary of Veterans Affairs must remove the remains of Fernando V. Cota from Fort Sam Houston National Cemetery within one year of the bill becoming law.
• Family Notification: The VA is prohibited from removing the remains until they have successfully notified the next of kin.
• Disposition of Remains: Once disinterred, the VA must relinquish the remains to the next of kin. If the next of kin does not respond to the notification, the Secretary of Veterans Affairs is authorized to arrange for an alternative disposition of the remains as they see fit.

Impact Analysis

• Administrative Impact: The bill places a specific legal obligation on the VA to perform a physical task that is usually governed by strict internal administrative regulations. By passing a law for a specific individual, Congress is bypassing the standard administrative process for cemetery management.
• Significance of Disinterment: While the bill does not state the specific reason for the removal, legislative actions to disinter individuals from national cemeteries are typically rare. Such actions usually occur if it is discovered that an individual was ineligible for burial in a national cemetery (for reasons such as a lack of qualifying military service or the commission of certain capital crimes) or if there was a clerical error regarding the burial.
• Impact on the Family: The bill ensures that the family (next of kin) is involved in the process and is given the primary right to receive the remains for private burial elsewhere.