Motion Agreed to (77-20)
77 Yea20 Nay3 Not voting1/2 required
S-1071-119
Became Public Law No: 119-60.
Sponsored by John Cornyn (R-TX)
What it does
This law directs the Department of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery in Texas. The VA must notify Cota's next of kin before proceeding and then transfer the remains to them. If no next of kin responds, the VA must arrange for alternative disposition of the remains. Cota was originally buried there before regulations were enacted that would have barred his interment based on a 1975 rape conviction.
Who benefits
The next of kin of Fernando V. Cota, who would receive the remains and have the opportunity to arrange a burial of their choosing. Victims' advocacy groups who argue that national military cemeteries should not serve as a final resting place for individuals convicted of serious violent crimes. The general public who visits or has family interred at Fort Sam Houston National Cemetery.
Who is hurt
Fernando V. Cota's family members who may have wished for him to remain interred at a national cemetery, regardless of his conviction. Veterans' service organizations that may object to Congress intervening in individual burial cases as a precedent. Cemetery administrators at the VA who must carry out the logistical and legal process of disinterment. Potentially, other families of veterans buried under now-superseded eligibility rules who may face similar legislative action in the future.
Supporters argue
Supporters argue that national military cemeteries are a sacred honor reserved for those who served with integrity, and that allowing a convicted rapist to remain interred there disrespects both the institution and fellow veterans buried alongside him. They contend that because Cota was interred before the disqualifying regulations took effect, Congress must act directly to correct what existing administrative rules cannot retroactively remedy on their own.
Opponents argue
Opponents argue that using an act of Congress to disinter a specific individual sets a troubling precedent of legislative intervention in individual burial cases, bypassing the VA's established administrative processes. They contend that Cota was interred lawfully under the rules in effect at the time, and that retroactively revoking burial rights — even for a convicted felon — raises fairness concerns about applying new standards to past, lawful decisions.
Motion Agreed to (77-20)
Cloture Motion Agreed to (76-20, 3/5 majority required)
Motion to Proceed Agreed to (75-22)