3.0.0 900 2019-11-15T21:19:47Z 2019-11-15T21:19:47Z House H HR 2011-03-03 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. RUSH:H.R. 900.Congress has the power to enact this legislation pursuantto the following:To regulate Commerce with foreign Nations, and among theseveral States, and with the Indian tribes. U.S. Const., Art.I, Sec. 8, Cl. 3. The Interstate Commerce Clause serves asthe constitutional basis for this legislation. In 1984, theFederal Trade Commission issued ``The Funeral Rule'' pursuantto its authority under Sections 5 and 18 of the Federal TradeCommission Act, which permits the FTC to promulgate traderegulation rules that define with specificity unfair ordeceptive acts or practices in or affecting commerce. TheFuneral Rule applies only to funeral homes. Its primarypurposes are ``[t]o ensure that consumers receive informationnecessary to make informed purchasing decisions, and to lowerexisting barriers to price competition in the market forfuneral goods and services.'' The traditional marketplace forfuneral and burial goods and services has dramaticallyevolved. Over the past 20 years, waves of cross-state funeralhomes & cemetery consolidations and combinations, increasingcremation trends, challenging legal questions overportability of death-care sales contracts and pre-needinsurance policies, and a significant rise in the number ofthird- party sellers of death care goods and services nowwarrant regulatory parity among the death care industry'ssectors. Accordingly, this legislation would expresslyauthorize the FTC to promulgate and to enforce, along withthe States rules promoting competition and protectingvulnerable consumers from severe economic and emotionalharms.[Page H1576]]]> hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2011-03-11T15:48:24Z Referred to 2011-03-03T15:01:50Z 2011-03-11 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Commerce, Manufacturing, and Trade. Committee 2011-03-03 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2011-03-03 Sponsor introductory remarks on measure. (CR S2740) IntroReferral B00100 9 Library of Congress 2011-03-03 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-03-03 Introduced in House IntroReferral 1000 9 Library of Congress R000515 Rep. Rush, Bobby L. [D-IL-1] BOBBY RUSH D IL L. 1 N M001149 Rep. Michaud, Michael H. [D-ME-2] Michael Michaud D ME H. 2 2011-03-09 False B001252 Rep. Barrow, John [D-GA-12] John Barrow D GA 12 2011-03-09 False S001145 Rep. Schakowsky, Janice D. [D-IL-9] JANICE SCHAKOWSKY D IL D. 9 2011-03-09 False C001058 Rep. Chandler, Ben [D-KY-6] Ben Chandler D KY 6 2011-03-11 False J000126 Rep. Johnson, Eddie Bernice [D-TX-30] EDDIE JOHNSON D TX BERNICE 30 2011-03-14 False P000595 Rep. Peters, Gary C. [D-MI-9] Gary Peters D MI 9 2011-03-16 False C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2011-03-16 False J000283 Rep. Jackson, Jesse L., Jr. [D-IL-2] JESSE JACKSON D IL L. 2 2011-03-17 False D000096 Rep. Davis, Danny K. [D-IL-7] DANNY DAVIS D IL K. 7 2011-03-30 False R000581 Rep. Richardson, Laura [D-CA-37] Laura Richardson D CA 37 2011-06-01 False P000597 Rep. Pingree, Chellie [D-ME-1] Chellie Pingree D ME 1 2011-10-25 False Commerce Administrative law and regulatory procedures Business records Cemeteries and funerals Civil actions and liability Consumer affairs Contracts and agency Federal Trade Commission (FTC) Commerce 00 2011-03-03 Introduced in House 2011-03-11T22:07:01Z Bereaved Consumer's Bill of Rights Act of 2011 - Directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services.  Includes among such rules: (1) a requirement that price information be disclosed clearly and conspicuously; (2) a prohibition on misrepresentations or conditioning the provision of goods or services upon the purchase of other goods or services from the provider; (3) a requirement that any presale disclosures and contracts are written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) a requirement that cemeteries provide to consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) a requirement that cemeteries retain all records in existence on the date of enactment of this Act and accurately record and retain records of interments, inurnments, or entombments.

Applies such rules to states or political subdivisions and tax-exempt organizations.  Excludes cemeteries organized, operated, managed, and owned by a  religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public.

Gives standing to states to bring a civil action for violations of this Act.

]]> Bereaved Consumer's Bill of Rights Act of 2011 Short Titles as Introduced Bereaved Consumer's Bill of Rights Act of 2011 Display Title Bereaved Consumer's Bill of Rights Act of 2011 Official Title as Introduced To direct the Federal Trade Commission to establish rules to prohibit unfair or deceptive acts or practices related to the provision of funeral goods or funeral services. Introduced in House 2011-03-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr900ih/xml/BILLS-112hr900ih.xml 2011-03-11 Referred to the Subcommittee on Commerce, Manufacturing, and Trade. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.