I 
108TH CONGRESS 
2D SESSION 
H. R. 4112 
To establish consumer protections, including disclosure requirements, relating 
to funeral service contracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2004 
Mr. FOLEY introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To establish consumer protections, including disclosure re-
quirements, relating to funeral service contracts, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Death Care 
Disclosure Act’’. 
SEC. 2. DEFINITIONS. 
In this Act the following definitions apply: 
(1) ALTERNATIVE CONTAINER.—The term ‘‘al-
ternative container’’ means an unfinished wooden 
box or other nonmetal receptacle or enclosure, with-
cash advance item includes any item obtained from 
a third party and paid for by the funeral provider 
on the purchaser’s behalf. Cash advance items in-
clude cemetery or crematory services, pallbearers, 
public transportation, clergy honoraria, flowers, mu-
sicians, singers, nurses, permit fees, obituary no-
tices, gratuities, and death certificates. 
(4) CASKET.—The term ‘‘casket’’ means a rigid 
container which is designed for the encasement of 
human remains and which is usually constructed of 
wood, metal, fiberglass, plastic, or like material, and 
ornamented and lined with fabric. 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(6) CREMATION.—The term ‘‘cremation’’ means 
a heating process which incinerates human remains. 
(7) 
CREMATORY.—The 
term 
‘‘crematory’’ 
means any person, partnership, or corporation that 
performs cremation. 
(8) DECEPTIVE PRACTICE.—The term ‘‘decep-
tive practice’’ means an unfair or deceptive act or 
practice in or affecting commerce that violates sec-
tion 5(a) of the Federal Trade Commission Act (15 
U.S.C. 45(a)).
(9) DIRECT
CREMATION.—The term ‘‘direct 
cremation’’ means a disposition of human remains 
by cremation without formal viewing, visitation, or 
ceremony with the body present. 
(10) FUNERAL CEREMONY.—The term ‘‘funeral 
ceremony’’ means a service commemorating a de-
ceased person that occurs with the body of the de-
ceased person present. 
(11) FUNERAL
GOODS.—The term ‘‘funeral 
goods’’ means goods which are sold or offered for 
sale directly to the public for use in connection with 
funeral services. 
(12) FUNERAL PROVIDER.—The term ‘‘funeral 
provider’’ means any person, partnership, or cor-
poration that sells or offers to sell funeral goods or 
funeral services to the public. 
(13) FUNERAL SERVICES.—The term ‘‘funeral 
services’’ means— 
(A) any services which may be used to— 
(i) care for and prepare deceased 
human bodies for burial, cremation, or 
other final disposition; and 
(ii) arrange, supervise, or conduct the 
funeral ceremony or the final disposition of 
deceased human bodies; and
(B) services provided by funeral directors, 
morticians, cemeterians, cremationists, and me-
morial retailers. 
(14) IMMEDIATE
BURIAL.—The term ‘‘imme-
diate burial’’ means a disposition of human remains 
by burial, without formal viewing, visitation, or cere-
mony with the body present, except for a graveside 
service. 
(15) MEMORIAL SERVICE.—The term ‘‘memo-
rial service’’ means a ceremony commemorating the 
deceased without the body present. 
(16) MEMORIAL RETAILER.—The term ‘‘memo-
rial retailer’’ means a person who sells or offers to 
sell to the public any memorial intended to mark the 
location of the internment of human remains. 
(17) OUTER
BURIAL
CONTAINER.—The term 
‘‘outer burial container’’ means any container which 
is designed for placement in the grave around the 
casket including, but not limited to, containers com-
monly known as burial vaults, grave boxes, and 
grave liners. 
(18) PRENEED CONTRACT.—The term ‘‘preneed 
contract’’ means a funeral contract arranged for and 
paid, in part or in full, prior to an anticipated death.
(19) PURCHASER OF FUNERAL GOODS OR FU-
NERAL SERVICES.—The terms ‘‘purchaser of funeral 
goods or funeral services’’ and ‘‘purchaser’’ mean 
any person who— 
(A) purchases funeral goods or funeral 
services from a funeral provider; or 
(B) contacts a funeral provider, in any 
manner, including in person, by telephone, by 
mail, or electronically, to obtain information re-
lated to purchasing funeral goods or funeral 
services. 
(20) REQUEST FOR INFORMATION RELATED TO 
FUNERAL GOODS OR FUNERAL SERVICES.—The term 
‘‘request for information related to funeral goods or 
funeral services’’ means any inquiry made by a per-
son to a funeral provider for information related to 
such goods or services. Such request may be made 
in person, in writing, by telephone, or electronically. 
SEC. 3. PRICE DISCLOSURES. 
(a) DECEPTIVE PRACTICES.—It shall be a deceptive 
trade practice under section 5(a) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)) for a funeral provider 
to fail to provide, in a timely manner— 
(1) in response to a request for information re-
lated to funeral goods or funeral services—
(A) accurate, printed information regard-
ing the price of the funeral goods and funeral 
services described in subsection (b); and 
(B) the printed disclosures described in 
subsection (c); or 
(2) in response to a specific request for the 
prices of caskets, alternative containers, or outer 
burial containers, a list of the prices of each model 
of casket, alternative container, or outer burial con-
tainer that the funeral provider offers for sale. 
(b) FUNERAL GOODS AND FUNERAL SERVICES.— 
The price of funeral goods and funeral services referred 
to in subsection (a)(1)(A) means the retail price, ex-
pressed as a flat fee or a price per hour, mile, or other 
unit, of all funeral goods and services offered by a funeral 
provider, including the following: 
(1) Embalming. 
(2) Transportation of remains. 
(3) The use of facilities. 
(4) Staff attendance at meetings, gatherings, or 
services. 
(5) Equipment usage or rental. 
(6) Casket and alternative containers. 
(7) Outer burial container. 
(8) Immediate burials.
(9) Direct cremations. 
(10) Crematory services. 
(11) Viewing, without embalming. 
(12) Insurance or benefit processing fee. 
(13) Internment rights. 
(14) Opening and closing charges. 
(15) Monuments, markers, or memorials. 
(c) DISCLOSURES.—The disclosures referred to in 
subsection (a)(1)(B) are the following disclosures: 
(1) The name, address, and telephone number 
of the funeral provider’s place of business. 
(2) The effective date of any prices provided. 
(3) The following statement: ‘‘For information 
on the purchase of funerals and consumer rights or 
to 
file 
a 
complaint, 
you 
may 
contact 
llllll.’’, with the blank space being filled 
with the name, address, phone number, and other 
relevant information for contacting the State agency 
or agencies responsible for handling consumer in-
quiries and complaints pertaining to death care serv-
ice providers. 
(4) Contact information, including a toll-free 
number, for an agency that provides information re-
lated to veteran’s benefits.
(5) In immediate conjunction with the price of 
embalming, the following statements: 
(A) ‘‘Except in certain special cases, em-
balming is not required by law. Embalming may 
be necessary, however, if you select certain fu-
neral arrangements, such as a funeral with 
viewing. If you do not want embalming, you 
usually have the right to choose an arrange-
ment that does not require you to pay for it, 
such as direct cremation, immediate burial, or 
other timely disposition.’’. The phrase ‘‘except 
in certain special cases’’ shall not be included in 
the disclosure if State or local law in the area 
where the provider does business does not re-
quire embalming under any circumstances. 
(B) ‘‘If you selected a funeral that may re-
quire embalming, such as a funeral with view-
ing, you may have to pay for embalming. You 
do not have to pay for embalming you did not 
approve if you selected arrangements such as a 
direct cremation or immediate burial. If we 
charged for embalming, we will explain why 
below.’’. 
(6) In immediate conjunction with the price of 
direct cremations, the following disclosure: ‘‘If you
want to arrange a direct cremation, you can use an 
alternative container. Alternative containers encase 
the body and can be made of materials like fiber-
board or composition materials (with or without an 
outside covering). The containers we provide are 
llllll.’’, with the blank space being filled 
with a description of the container and its construc-
tion. 
(7) In immediate conjunction with the price of 
any outer burial container, the following disclosure: 
‘‘In most areas of the country, State or local law 
does not require that you buy a container to sur-
round the casket in the grave. However, many ceme-
teries require that you have such a container so that 
the grave will not sink or settle. Either a grave liner 
or a burial vault will satisfy these requirements.’’. 
The phrase ‘‘in most areas of the country’’ shall not 
be included in this disclosure if State or local law in 
the area where the provider does business does not 
require a container to surround the casket in the 
grave. 
(8) In immediate conjunction with the price of 
any casket or sealer casket, the following disclosure: 
‘‘There is no scientific or other evidence that any
casket with a sealing device will preserve human re-
mains.’’ 
(d) TIMELY MANNER.—For the purposes of sub-
section (a), information is provided in a timely manner 
if it is provided to the purchaser of funeral goods or fu-
neral services at the first opportunity, which may not be 
later than the first selling, showing, or making any rep-
resentation about any funeral goods or funeral services. 
(e) SPECIFIC APPLICATION.—The requirements of 
subsection (a) apply to every communication between a fu-
neral provider and a purchaser of funeral goods or funeral 
services, except an in-person request made by a funeral 
provider for authorization to embalm at the time a de-
ceased human body is removed for transportation. 
SEC. 4. STATEMENT OF FUNERAL GOODS AND SERVICES 
SELECTED. 
(a) IN GENERAL.—It shall be a deceptive trade prac-
tice under section 5(a) of the Federal Trade Commission 
Act (15 U.S.C. 45(a)) for a funeral provider to fail to give 
an itemized written statement for retention to a purchaser 
of funeral goods or funeral services at the conclusion of 
the discussion related to such goods and services and prior 
to providing any services beyond taking possession of a 
deceased human body for authorized embalming. The 
statement shall include the following information:
(1) The funeral goods and funeral services se-
lected by the purchaser and the prices to be paid for 
each good or service. 
(2) A specific itemization of cash advance items 
to the extent then known or reasonably ascertain-
able. If the prices are not known or reasonably as-
certainable, a good faith estimate shall be given and 
a written statement that the actual charges shall be 
provided before the final bill is paid. 
(3) The total cost of the goods and services se-
lected. 
(4) If a sealer casket is selected by the pur-
chaser, the following disclosure: ‘‘This product is not 
designed or intended to preserve human remains, 
and may under certain circumstances accelerate the 
decomposition of the body.’’ 
(b) PLACEMENT OF INFORMATION.—The information 
required by subsection (a) shall be included on any con-
tract, statement, or other document which the funeral pro-
vider would otherwise provide at the conclusion of a dis-
cussion related to funeral goods or funeral services. 
SEC. 5. MISREPRESENTATIONS. 
It shall be a deceptive trade practice under section 
5(a) of the Federal Trade Commission Act (15 U.S.C. 
45(a)) for a funeral provider to—
(1) inaccurately represent that Federal, State, 
or local law or industry custom requires the pur-
chase of any funeral goods or funeral services, in-
cluding to inaccurately represent that— 
(A) State or local law requires that a de-
ceased person be embalmed; 
(B) State or local law requires a casket for 
direct cremation; or 
(C) a particular cemetery requires outer 
burial containers; 
(2) fail to identify and briefly describe in writ-
ing on the statement of funeral goods and funeral 
services selected any legal requirement which the fu-
neral provider represents to a person as compelling 
the purchase of funeral goods or funeral services for 
the funeral which that person is arranging; 
(3) fail to disclose that embalming is not re-
quired for— 
(A) direct cremation; 
(B) immediate burial; or 
(C) a closed casket funeral without viewing 
or visitation when refrigeration is available and 
when State or local law does not require em-
balming; or
(4) inaccurately represent the ability of funeral 
goods or funeral services to delay the natural decom-
position of human remains for a long-term or indefi-
nite time. 
SEC. 6. REQUIRED PURCHASE OF FUNERAL GOODS OR FU-
NERAL SERVICES. 
(a) OTHER REQUIRED PURCHASES
OF FUNERAL 
GOODS OR FUNERAL SERVICES.—It shall be a deceptive 
trade practice under section 5(a) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)) for a funeral provider 
to— 
(1) condition the furnishing of any funeral good 
or funeral service to a person arranging a funeral on 
the purchase of any other funeral good or funeral 
service, except as required by law or as otherwise 
permitted by this Act; 
(2) charge any fee as a condition to furnishing 
any funeral goods or funeral services to a person ar-
ranging a funeral, other than— 
(A) the fees for specific funeral services 
and funeral goods selected by the purchaser; 
(B) the fees for other funeral goods or fu-
neral services required to be purchased, as ex-
plained on the itemized statement in accordance 
with section 4(a); or
(C) an arrangement services fee that— 
(i) is disclosed as being either an 
hourly rate fee described in clause (i) of 
section 2(2)(B) or a flat fee described in 
clause (ii) of such section; and 
(ii) is elected by the purchaser; 
(3) fail to place— 
(A) immediately above the prices disclosed 
as described in section 3(a), the following dis-
closure: ‘‘The goods and services shown below 
are those we can provide to our customers. You 
may choose the items you desire. If legal or 
other requirements mean you must buy any 
item that you do not specifically request, we will 
explain the reason in writing on the statement 
we provide describing the funeral goods and 
services you selected.’’; or 
(B) in the statement of funeral goods and 
services selected, as described in section 
4(a)(1), the following disclosure: ‘‘Charges are 
only for those items that you selected or that 
are required. If we are required by law or by a 
cemetery or crematory to use any items, we will 
explain the reasons in writing below.’’.
(b) EXCEPTION.—A funeral provider shall not be 
treated as violating this section, if the funeral provider 
fails to comply with a request for a combination of goods 
or services which would be impossible, impractical, or ex-
cessively burdensome to provide. 
SEC. 7. SERVICES PROVIDED WITHOUT PRIOR APPROVAL. 
(a) DECEPTIVE PRACTICES.—It shall be a deceptive 
trade practice under section 5(a) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)) for a funeral provider 
to embalm a deceased human body unless— 
(1) State or local law or regulation requires em-
balming in the particular circumstances regardless 
of any funeral choice which the family might make; 
(2) prior approval for embalming has been ex-
pressly obtained from a family member or other au-
thorized person; 
(3) the funeral provider is unable to contact the 
family member or other authorized person after ex-
ercising due diligence and reasonably believes the 
family wants embalming performed; or 
(4) refrigeration is necessary and is not avail-
able in the community where the provider does busi-
ness. 
(b) DISCLOSURE REQUIRED.—In seeking the ap-
proval required by subsection (a)(2), the funeral provider
shall disclose that a fee will be charged if the family or 
other authorized person selects a funeral which requires 
embalming, such as a funeral with a public or private 
viewing, and that no fee will be charged if the family or 
other authorized person selects a service which does not 
require embalming, such as direct cremation or immediate 
burial. 
SEC. 8. RETENTION OF DOCUMENTS. 
A funeral provider shall retain and make available for 
inspection by the Commission true and accurate copies 
of— 
(1) the price lists required by section 3(a) for 
at least 1 year after the date of the last distribution 
of such lists to customers; and 
(2) each statement of funeral goods and serv-
ices selected, as required by section 4, for at least 
1 year from the date of arranging a funeral or me-
morial services. 
SEC. 9. COMPREHENSION OF DISCLOSURES. 
A funeral provider shall make the disclosures re-
quired by this Act in a clear and conspicuous manner 
using type that is not smaller than 12 points in size. A 
funeral provider shall not include in any price list, a state-
ment or information that alters or contradicts the infor-
mation required by this Act to be included in those lists.
SEC. 10. PROHIBITED SALES PRACTICES. 
(a) IN GENERAL.—Each of the following sales prac-
tices shall be a deceptive trade practice under section 5(a) 
of the Federal Trade Commission Act (15 U.S.C. 45(a)): 
(1) Unsolicited telephone offers to sell funeral 
goods, funeral services, crematory services, inter-
ment rights, or other cemetery and memorialization 
goods and services. 
(2) Door-to-door direct offers to sell funeral 
goods, funeral services, crematory services, inter-
ment rights, or other cemetery and memorialization 
goods and services. 
(b) IDENTIFICATION
OF AFFILIATION.—A person 
who is an operator, funeral provider, funeral director, em-
balmer, or memorial dealer shall— 
(1) state the person’s affiliation with any pub-
licly traded company in all contracts and on all busi-
ness letterhead, advertising, and marketing mate-
rials; and 
(2) state the person’s licensed business location 
in all directories, advertising, and marketing mate-
rials in which offsite telephone numbers are used. 
SEC. 11. CASH ADVANCE PROVISIONS. 
It shall be a deceptive trade practice under section 
5(a) of the Federal Trade Commission Act (15 U.S.C. 
45(a)) for a funeral provider to—