IB 

Union Calendar No. 401 

111TH CONGRESS 

2D SESSION H. R. 3655 

[Report No. 111–672] 

To direct the Federal Trade Commission to establish rules to prohibit unfair 

or deceptive acts or practices related to the provision of funeral services. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2009 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

DECEMBER 7, 2010 

Additional sponsors: Ms. SCHAKOWSKY, Mr. JACKSON of Illinois, Mr. PETERS, 

Mr. DAVIS of Illinois, Mr. COHEN, Mr. GRIJALVA, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. BARROW, Mr. BUTTERFIELD, Mr. MOLLOHAN, 

Mr. QUIGLEY, Mr. WILSON of Ohio, Mr. HARE, Mr. ADLER of New Jersey, and Mr. PAYNE

DECEMBER 7, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 25, 2009] 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 3655 RH

A BILL 

To direct the Federal Trade Commission to establish rules 

to prohibit unfair or deceptive acts or practices related 

to the provision of funeral services. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 3655 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bereaved Consumer’s 

5 Bill of Rights Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) there have been shocking consumer abuses in 

9 the funeral industry, including scandals at Burr Oak 

10 Cemetery in Alsip, Illinois, Menorah Gardens Ceme11 tery in Palm Beach, Florida, and the Tri State Cre12 matory in Noble, Georgia; 

13 (2) funeral arrangements are a major expense for 

14 most American households and families; 

15 (3) some consumers seek to ease the burdens on 

16 their families by arranging and paying for pre-need 

17 funeral and cemetery arrangements; 

18 (4) most funerals are planned by grieving family 

19 members at a time when they are especially vulner20 able and unlikely to focus on cost comparison; 

21 (5) the Federal Trade Commission’s Funeral In22 dustry Practices Trade Regulation Rule (known as 

23 the Funeral Rule) dictates consumer protections in 

24 the funeral home, but does not cover the practices of 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•HR 3655 RH

1 cemeteries, crematoria, or sellers of monuments, urns, 

2 or caskets; 

3 (6) State laws are inconsistent and frequently 

4 too weak to provide adequate consumer protections, 

5 creating a need for minimum federal standards in 

6 this area; 

7 (7) consumers have the right to receive clear and 

8 accurate information about all funeral goods and 

9 services offered for sale; 

10 (8) consumers need effective protection from 

11 fraud and abusive practices by all providers of fu12 neral goods and services and at all stages of the fu13 neral planning process; and 

14 (9) a new Federal law that provides adequate 

15 protections to grieving families is warranted. 

16 SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEP17 TIVE ACTS OR PRACTICES IN THE PROVISION 

18 OF FUNERAL GOODS OR SERVICES. 

19 (a) IN GENERAL.—The Federal Trade Commission 

20 shall prescribe rules prohibiting unfair or deceptive acts or 

21 practices in the provision of funeral goods or services. Such 

22 rules shall include the following: 

23 (1) A requirement that providers of funeral goods 

24 or funeral services furnish accurate price information 

25 disclosing clearly and conspicuously the cost to the 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•HR 3655 RH

1 purchaser for each of the specific funeral goods or fu2 neral services provided or offered for sale. 

3 (2) A prohibition on misrepresentations by such 

4 providers, including misrepresentations of the require5 ments of Federal, State, or local law. 

6 (3) A prohibition on conditioning the provision 

7 of any funeral good or funeral service upon the pur8 chase of any other funeral good or funeral service 

9 from that provider, except as required by law. 

10 (4) A requirement that any presale disclosures 

11 and contracts for funeral services or funeral goods be 

12 written clearly, stating the merchandise and services 

13 that purchasers are buying and their prices. 

14 (5) In the case of contracts for funeral services 

15 or funeral goods that are pre-paid in whole or in 

16 part, a requirement for clear and conspicuous presale 

17 and contractual disclosure regarding any penalties 

18 incurred if the consumer decides to cancel or transfer 

19 the contract to another provider of funeral services or 

20 funeral goods. 

21 (6) A requirement that contracts for funeral serv22 ices or funeral goods disclose clearly and conspicu23 ously all fees and costs to be incurred in the future 

24 or at the time that the funeral services or funeral 

25 goods are provided. 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•HR 3655 RH

1 (7) A requirement that cemeteries provide to con2 sumers, in a timely manner, all written rules and 

3 regulations of the cemetery, and a clear explanation 

4 in writing of the interment, inurnment, or entomb5 ment right that has been purchased, and any material 

6 terms and conditions of that purchase, including any 

7 repurchase option by the cemetery or resale rights 

8 available to the consumer. 

9 (8) A requirement that cemeteries— 

10 (A) retain all records in existence on the 

11 date of enactment of this Act, including maps or 

12 other systems indicating the location and date of 

13 each interment, inurnment, or entombment; 

14 (B) accurately record and retain records of 

15 all interments, inurnments, or entombments oc16 curring, as well as any internment, inurnment, 

17 or entombment rights sold, after the effective date 

18 of the regulations issued under this subsection, in 

19 such manner and form as the Commission may 

20 prescribe in such regulations; and 

21 (C) make such records available to Federal, 

22 State, and local governments, as appropriate. 

23 (b) RULEMAKING.—The Commission shall prescribe 

24 the rules under subsection (a) within 1 year after the date 

25 of enactment of this Act. Such rules, and any future rules 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•HR 3655 RH

1 or revision of rules prescribed by the Commission prohib2 iting unfair or deceptive acts or practices in the provision 

3 of funeral goods or services, shall be prescribed in accord4 ance with section 553 of title 5, United States Code. 

5 (c) APPLICATION OF RULES TO TAX EXEMPT ORGANI6 ZATIONS AND STATES.—Notwithstanding the definition of 

7 corporation in section 4 of the Federal Trade Commission 

8 Act (15 U.S.C. 44), the rules prescribed under subsection 

9 (a), and any future rules or revision of rules prescribed by 

10 the Commission prohibiting unfair or deceptive acts or 

11 practices in the provision of funeral goods or funeral serv12 ices, shall also apply to cemeteries organized or operated 

13 by— 

14 (1) organizations described in section 501(c) of 

15 the Internal Revenue Code of 1986 that are exempt 

16 from taxation under section 501(a) of such Code, ex17 cept for cemeteries organized, operated, managed, and 

18 owned by a religious denomination, middle judica19 tory, house of worship, or similar religious organiza20 tion, and that are not organized, operated, managed, 

21 or owned by contract or affiliation with a for-profit 

22 provider of funeral goods or services that offers those 

23 goods and services for sale to the public; and 

24 (2) States or any political subdivision of a State. 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•HR 3655 RH

1 (d) ENFORCEMENT.—Any violation of any rule pre2 scribed under this section shall be treated as a violation 

3 of a regulation prescribed under section 18(a)(1)(B) of the 

4 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) 

5 regarding unfair or deceptive acts or practices. The Federal 

6 Trade Commission shall enforce this Act in the same man7 ner, by the same means, and with the same jurisdiction as 

8 though all applicable terms and provisions of the Federal 

9 Trade Commission Act were incorporated into and made 

10 a part of this Act. Any person who violates the regulations 

11 prescribed under this Act shall be subject to the penalties 

12 and entitled to the privileges and immunities provided in 

13 that Act. 

14 SEC. 4. ENFORCEMENT BY STATES. 

15 (a) IN GENERAL.—Whenever an attorney general of 

16 any State has reason to believe that the interests of the resi17 dents of that State have been or are being threatened or 

18 adversely affected because any person has engaged or is en19 gaging in an act or practice which violates any rule of the 

20 Commission issued under section 3 of this Act or the Trade 

21 Regulation Rule on Funeral Industry Practices (16 C.F.R. 

22 453.1 et seq.), the State, as parens patriae, may bring a 

23 civil action on behalf of its residents in an appropriate dis24 trict court of the United States to enjoin such violative act 

25 or practice, to enforce compliance with such rule of the 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•HR 3655 RH

1 Commission, to obtain damages, restitution, or other com2 pensation on behalf of residents of such State, or to obtain 

3 such further and other relief as the court may determine 

4 appropriate. 

5 (b) NOTICE.—The State shall provide prior written 

6 notice of any civil action under subsection (a) or (f)(2) to 

7 the Commission and provide the Commission with a copy 

8 of its complaint, except that if it is not feasible for the State 

9 to provide such prior notice, the State shall provide such 

10 notice immediately upon instituting such action. Upon re11 ceiving a notice respecting a civil action, the Commission 

12 shall have the right— 

13 (1) to intervene in such action; 

14 (2) upon so intervening, to be heard on all mat15 ters arising therein; 

16 (3) to remove the action to the appropriate 

17 United States district court; and 

18 (4) to file petitions for appeal. 

19 (c) CONSTRUCTION.—For purposes of bringing any 

20 civil action under subsection (a), nothing in this Act shall 

21 prevent an attorney general from exercising the powers con22 ferred on the attorney general by the laws of such State 

23 to conduct investigations or to administer oaths or affirma24 tions or to compel the attendance of witnesses or the produc25 tion of documentary and other evidence. 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•HR 3655 RH

1 (d) ACTIONS BY COMMISSION.—Whenever a civil ac2 tion has been instituted by or on behalf of the Commission 

3 for violation of any rule prescribed under section 3 of this 

4 Act, no State may, during the pendency of such action in5 stituted by or on behalf of the Commission, institute a civil 

6 action under subsection (a) or (f)(2) of this section against 

7 any defendant named in the complaint in such action for 

8 violation of any rule as alleged in such complaint. 

9 (e) VENUE; SERVICE OF PROCESS.—Any civil action 

10 brought under subsection (a) of this section in a district 

11 court of the United States may be brought in the district 

12 in which the defendant is found, is an inhabitant, or trans13 acts business or wherever venue is proper under section 

14 1391 of title 28, United States Code. Process in such an 

15 action may be served in any district in which the defendant 

16 is an inhabitant or in which the defendant may be found. 

17 (f) ACTIONS BY OTHER STATE OFFICIALS.— 

18 (1) CONSTRUCTION.—Nothing contained in this 

19 section shall prohibit an authorized State official 

20 from proceeding in State court on the basis of an al21 leged violation of any civil or criminal statute of such 

22 State. 

23 (2) OTHER STATE ACTIONS.—In addition to ac24 tions brought by an attorney general of a State under 

25 subsection (a) of this section, such an action may be 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•HR 3655 RH

1 brought by officers of such State who are authorized 

2 by the State to bring actions in such State on behalf 

3 of its residents. 

4 SEC. 5. EFFECT ON OTHER LAW. 

5 Nothing in this Act or the rules prescribed under this 

6 Act shall be construed to preempt any provision of any law 

7 of a State or political subdivision of that State that pro8 vides protections to consumers of funeral services or funeral 

9 goods, except to the extent that the provision of law is incon10 sistent with any provision of this Act or a rule prescribed 

11 under this Act, and then only to the extent of the inconsist12 ency. 

13 SEC. 6. DEFINITIONS. 

14 In this Act— 

15 (1) the term ‘‘cemetery’’ means any organization, 

16 association or other business that offers for sale the 

17 interment, inurnment, or entombment of human re18 mains, but does not include any cemetery that— 

19 (A) performs fewer than 25 interments, 

20 inurnments, and entombments during any cal21 endar year; or 

22 (B) sells fewer than 25 interment, 

23 inurnment, or entombment rights during any 

24 calendar year; 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•HR 3655 RH

1 (2) the term ‘‘funeral goods’’ are the goods which 

2 are sold or offered for sale directly to the public for 

3 use in connection with funeral services; and 

4 (3) the term ‘‘funeral services’’ means— 

5 (A) any services which are sold or offered 

6 for sale to the public in order to— 

7 (i) care for and prepare deceased 

8 human bodies for burial, cremation, or 

9 other final disposition; or 

10 (ii) arrange, supervise, or conduct the 

11 funeral ceremony or the final disposition of 

12 deceased human bodies; or 

13 (B) services provided by funeral directors, 

14 morticians, cemeterians, cremationists, and re15 tailers of caskets, urns, monuments, and mark16 ers. 


srobinson on DSKHWCL6B1PROD with BILLS

srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 401 

111TH CONGRESS 

2D SESSION H. R. 3655 

[Report No. 111–672] 

A BILL 

To direct the Federal Trade Commission to estabices. practices related to the provision of funeral serv- lish rules to prohibit unfair or deceptive acts or 

DECEMBER 7, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS