ICFA PRESS RELEASE
International Cemetery and Funeral Association
1895 Preston White Drive, Suite 220
Reston, VA 20191
1-800-645-7700 - (703) 391-8400 -fax (703) 391-8416 - http://www.icfa.org

NOVEMBER 15. 2002



SEN. DODD, REP. FOLEY INTRODUCE HISTORY-MAKING BILLS FOR FEDERAL 
REGULATION OF DEATH CARE INDUSTRY

Yesterday, November 14, Sen. Christopher Dodd (D-CT) and Congressman Mark Foley (R-FL) 
simultaneously introduced companion bills into the U.S. Senate and House of Representatives that for the 
first time would establish a federal regulatory scheme over funeral homes, cemeteries, crematories and 
monument retailers. The companion bills, S. 3168 and H.R. 5743, officially state as their purpose “to 
improve funeral home, cemetery, and crematory inspections, to establish consumer protections relating to 
funeral service contracts, and for other purposes.”

Printed texts of the bills are not yet available; however, Dodd’s office has shared discussion drafts with 
the ICFA over the past few months, and the association has voiced its serious concerns with the senator 
regarding many provisions. Basic threshold concerns stated by ICFA include:

* The introduction of any federal legislation, regardless of its provisions, is premature pending the 
findings and recommendations from the U.S. General Accounting Office, which Sen. Dodd and Rep. 
Foley asked to investigate the industry. The GAO report is expected by July 2003, and its findings should 
be consulted prior to drafting legislation.

* The proposed legislation, based on discussion drafts reviewed by the ICFA, does not address specific 
problems or propose solutions, but creates a new federal regulatory framework including at least 20 areas 
in which operational standards for funeral homes, cemeteries and crematories are to be developed by the 
agency.

* The proposed legislation seeks to expand and codify the Federal Trade Commission Funeral Rule into a 
federal statute, thereby “politicizing” the Rule and depriving the industry of the procedural safeguards 
observed by the FTC.

* The proposed legislation creates a private right of action under the codified Funeral Rule statute 
whereby individuals may sue funeral homes, cemeteries, crematories, monument retailers and related 
sellers for a minimum of $5,000 per alleged violation. There is currently no private right of action under 
the FTC Funeral Rule.

The ICFA has expressed other concerns with the legislative proposals including constitutional issues 
raised by prohibiting preneed telemarketing and door-to-door solicitation. The Senate bill has been 
referred to the Commerce, Science and Transportation Committee, and the House version to the Energy 
and Commerce Committee. The ICFA Government and Legal Affairs Committee will review the official 
texts of the bills as soon as they are available and will keep members informed of significant 
developments.

Copyright 2002 International Cemetery and Funeral Association