For additional information about NFDA's public policy positions, contact a member of the Advocacy Division staff:

• John Fitch, senior vice president of Advocacy, jfitch@nfda.org, 202-547-0441
• Lesley Witter, director of political affairs, lwitter@nfda.org, 202-547-0877

Primary Issues

1. Affordable Health Insurance for Small Business. That NFDA strongly support legislative and regulatory initiatives that improve access to affordable health insurance for small business.
    
2. Make Permanent the New Federal Estate Tax. That NFDA strongly support federal legislation that would make permanent the current federal estate tax exclusion and rate.
    
3. Codify Current Rule that Irrevocable Funeral Trusts and Certain Life Insurance or Annuity Benefits are not Assets for Purposes of Determining Eligibility for the Supplemental Security Income Program. That NFDA initiate federal legislation to codify the current SSA policy that irrevocable funeral trusts or benefits from a life insurance policy or annuity whose benefits have been irrevocably assigned to a trust or the funeral provider are not assets for purposes of determining eligibility for the Supplemental Security Income (SSI) program.
    
4. Environmental Health and Safety. That NFDA enhance its efforts to address the environmental, health and safety of funeral directors and to educate the public on the safety of the embalming process, embalming chemicals, preparation room, alkaline hydrolysis and crematory equipment, and wastes discharged by funeral homes and crematories. To that end, NFDA will: (1) encourage the development of environmentally and personally safe embalming chemicals, funeral service products, and preparation room equipment, (2) undertake proactive communications initiatives, (3) assist funeral directors with environmental and safety compliance issues, establishing green funeral homes, and green end of life practices, (4) promote laws and practices consistent with these objectives.
    
5. Federal Cargo Screening Program for Human Remains. That NFDA will work with TSA, other relevant federal agencies, the airlines, and related organizations to develop an appropriate and acceptable program for cargo screening of human remains as well as explore potential alternative shipping options.
    
6. Tax Credit for Unreimbursed Expenses for Providing Indigent Funerals. That NFDA initiate and support federal legislation to provide a tax credit for the unreimbursed expenses related to a funeral home providing indigent funeral and/or final disposition services and or merchandise.
    
7. Tax Reform. That NFDA actively monitor this issue and act only on proposals that are either beneficial or detrimental for funeral service.
    
8. Develop and Advocate for a Federal Mass Fatality Management Plan. That NFDA continues its active involvement with all relevant federal or state departments, agencies and private organizations to insure that the role of funeral service in any natural or man-made mass fatality disaster is clearly defined and adequately reflected in their policies and continue to advocate for the development and adoption of a federal mass fatality management plan.

B. Funeral Rule-related Issues

1. Regulation of Preneed Funeral Contracts. That NFDA work with the Congress, federal and state regulatory agencies, state funeral director associations, consumer groups, and other interested parties to enact appropriate additional consumer protection provisions to state preneed laws and regulations as contained in our Preneed Guidelines. In addition, NFDA stands ready and willing to participate in the formulation of such policies and to work with Congress, the Federal Trade Commission or any other federal agency and consumer groups to achieve an equitable solution for everyone at either the federal and/or state levels.
    
2. Variable Basic Services Fee. Continue to advocate and encourage the FTC to amend the Funeral Rule and replace the static Basic Services Fee with a variable Basic Service Fee that funeral homes could set depending upon the type of funeral and disposition selected by the consumer.
    
3. Petition the FTC to Make Certain Changes or Interpretations in the Current Funeral Rule. That NFDA renew its petition asking the FTC to clarify the vague and overly broad price list distribution requirements and to institute other operational modifications to the Funeral Rule that reflect current marketplace or business practices.

C. New Issues

1. Repatriation of Unclaimed Veterans Cremated Remains. That NFDA strongly support legislation and/or policies that would require the Veterans Administration, working with funeral directors and VSO's, to identify and properly inter with appropriate honors all unclaimed veterans' cremated remains.
    
2. State Regulation of Alkaline Hydrolysis. That NFDA strongly support state regulation of alkaline hydrolysis as a means of final disposition separate and apart from cremation.
    
3. Support Retaining Current Tax Rates. To prevent reversion to the pre-2001 rates, NFDA supports making permanent the current tax rates.

D. Secondary Issues

1. Preserve Supplemental Security Income (SSI) Medicaid Eligibility Exclusion for Funeral and Burial Funds. That NFDA strongly support retention of the current SSI/Medicaid exclusion for funds set aside for funeral and burial expenses and strongly oppose any effort or initiative to repeal or otherwise limit this exclusion.
    
2. Non-Profit Organizations Operation of Funeral Homes, Cemeteries and/or Crematories. It is recommended that NFDA continue to monitor and research the issue of whether and the extent to which any 501(c) (3) organization may participate in the funeral service business on either a tax-exempt or for-profit basis. If the facts and circumstances warrant, NFDA will raise the appropriate legal, ethical, tax and public policy concerns with Congress, the Federal Trade Commission, the Treasury Department and either directly or through our state funeral service associations with appropriate state and local officials.
    
3. OSHA Reform. That NFDA continue to support legislation, regulations and policies that reshape OSHA into an agency that listens to and works with business to craft industry-specific, performance-based, safety and health workplace practices that are based on commonsense and practical reality rather than academic or theoretical concepts or punitive regulations or enforcement policies.
    
4. Enhance and Improve the Funeral Honors Program for All Qualified Veterans. That NFDA continue to work with Congress, the Department of Defense, individual Service Branches, various veterans service organizations and other interested parties to improve the military honors program and insure that implementing policies regarding the providing of military honors for qualified veterans reflect congressional intent and continue to address our specific concerns.
    
5. Small Business. That NFDA initiate, support and/or advocate for legislation, rules and regulations that recognize the unique needs of small and family-owned businesses and create and foster an economic environment that allows them to grow and prosper and to oppose those that thwart that objective.
    
6. Regulatory Reform. That NFDA support any and all legislation or policies that would reform the federal regulatory process and reduce the costly, burdensome, unnecessary and redundant regulatory burden on funeral homes.
    
7. Uniform International Shipping Standards for Human Remains. Establish or support uniform international shipping standards for human remains.
    
8. Include Funeral Service Personnel as a Priority Group Eligible for Inoculation Against Any and All Infectious/Contagious Diseases or Biological Agents. Funeral service personnel should be included as a priority group eligible for voluntary inoculation against any and all infectious/contagious diseases or biological agents.
    
9. Emergency Reciprocal Licensing for Funeral Directors and Embalmers. That NFDA and its state associations promote federal, state and local government policies that provide emergency reciprocity to any active licensed funeral director and/or embalmer in the event of a mass disaster situation.
    
10. Improve Funeral and Burial Benefits for Veterans and Their Families. That NFDA support any and all legislation that would enhance, improve and increase the funeral and burial benefits for veterans and their families.
     
11. State-based Price Disclosures. In lieu of any federal regulations, NFDA supports the adoption of state-based written price disclosures for all sellers of cemetery and/or crematory goods or services.
     
12. Organ Donation and Tissue Recovery. The funeral director will respect the family's wishes to donate and NFDA will encourage its members to support the concept of donation. It is recommended that NFDA continue to nurture relationships with all relevant groups, organizations, Congress and the Department of Health and Human Services (HHS) to adopt and implement national, state and local policies for: appropriate recovery procedures; appropriate reimbursement; on-site recovery and referrals; proper and ethical marketing and promotion by procurement organizations; and, timely notification and disclosure of relevant information to all parties involved in the consent and procurement process.
     
13. Subchapter S Corporation Laws and Regulations. That NFDA support efforts to protect, modernize and improve Subchapter S Corporation laws and regulations.
     
14. Initiate or Support Federal Regulation of All Sellers of Funeral and/or Final Disposition Goods or Services Not Now Covered by the Funeral Rule. That NFDA work with Congress and/or the FTC to adopt legislation or rules to regulate any entity or individual that sells or offers to sell funeral and/or final disposition goods, or services to the public and who are not now covered by the Funeral Rule.