The House Energy and Commerce Committee is expected to meet in the coming week to consider and vote on the “Bereaved Consumer’s Bill of Rights Act of 2009″ (H.R. 3655), a bill which would direct the Federal Trade Commission (FTC) to initiate a separate rule covering all sellers of funeral or burial goods or services, including cemeteries, crematories and third-party sellers of funeral or burial goods or services.

The bill was pulled from committee consideration in early May at the request of its primary sponsor, Rep. Bobby Rush, D-Ill., because of his opposition to a proposed amendment that would exempt non-profit religious cemeteries from the bill. Rush was concerned that for-profit cemetery operators could use the exemption to escape the requirements of the rule. While there was bipartisan support for the bill, and it most likely would have passed had the amendment not been introduced, it was pulled so committee staff could draft language that would address concerns about non-profit and religious cemeteries.

Because the Energy and Commerce Committee is expected to discuss this bill very soon, it is vital that you contact your representatives to demonstrate your support for this important legislation.

What is H.R. 3655?
H.R. 3655 would require the FTC to initiate a separate rule covering all sellers of funeral or burial goods or services, including cemeteries, crematories and third-party sellers of funeral or burial goods or services.

Why support H.R. 3655?
Through the Funeral Rule, the federal government regulates a portion, but not all segments, of funeral service. Consequently, consumers are only protected when they deal with funeral homes. H.R. 3655 would set a minimum national standard with which all sellers of funeral or burial goods or services – including non-profit and religious organizations – not covered by the Funeral Rule must comply. It would only apply to those who sell funeral or burial goods or services to the public, not to other businesses.

A lack of minimum national standards and inadequate state regulation has resulted in numerous serious scandals involving cemeteries and crematories. These scandals have caused untold emotional and financial stress and strain for consumers. These scandals have also damaged the reputation of the funeral service profession. A uniform federal rule is the only solution.

If passed, this bill would protect families by requiring cemeteries, crematories and third-party providers to provide minimum disclosures and establish practice requirements and prohibitions comparable to those that funeral homes must comply with under the Funeral Rule.

H.R. 3655 would not impose new fines or penalties. The fines and penalties that would apply to cemeteries, crematories and other third-party sellers under H.R. 3655 are the same ones that apply to funeral homes”