NFDA members may click the links below to view further background informaiton about NFDA's public policy positions.

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
• Advocacy Division administrative assistant, nfdapac@nfda.org

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 current federal estate tax. That NFDA strongly support federal legislation that would make permanent the current federal estate tax exclusion and rate.
3. Codify the SSI irrevocable funeral trust exclusion. That NFDA initiate federal legislation to codify the current SSA policy that irrevocable funeral trusts are not assets for purposes of determining eligibility for the Supplemental Security Income (SSI) program.
4. Environmental health and safety. That NFDA continue its efforts to identify and address current and emerging environmental, health and safety issues affecting funeral directors and educate federal, state and local environmental and related enforcement agencies, policymakers, elected officials and the public on the safety of the embalming process, embalming chemicals, and the waste stream discharge from funeral homes. To that end NFDA will continue to: i) promote environmental laws that recognize this reality; ii) encourage the development of workplace and environmentally and personally safe embalming chemicals and funeral service products; iii) undertake proactive communications initiatives to promote and educate NFDA members; and iv) assist funeral directors in establishing green funeral homes and green end of life practices.
5. Federal regulation of cemeteries, crematories and other sellers. 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.
6. (NEW) Repeal the new Form 1099 provision in the "Patient Protection and Affordability Act." That NFDA strongly advocate for the elimination of Section 9006 of the Patient Protection and Affordability Act (Public Law 111-148) that requires a business to issue a 1099 to any individual or corporation that provides $600 or more in services or merchandise to the business annually.
7. (NEW) Federal cargo screening program for human remains. That NFDA work with TSA and other relevant federal agencies, the airlines and related organizations to develop an appropriate and acceptable cargo screening program for human remains and explore potential alternative shipping options.

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 service 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 FTC for changes in 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.

Secondary Issues

1. Preserve SSI-Medicaid funeral trust exclusions. 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-profits entering funeral service. 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. Military funeral honors. 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. International shipping standards. Establish or Support Uniform International Shipping Standards for Human Remains.
8. Infectious disease inoculations. Funeral service personnel should be included as a priority group eligible for voluntary inoculation against any and all infectious/contagious diseases or biologic agents.
9. Emergency reciprocal licensing. 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. Veterans funeral and burial benefits. 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 written price disclosures. In lieu of any federal regulations, support the adoption of state-based written price disclosures for all sellers of cemetery and/or crematory goods or services
12. Organ and tissue recovery and donation. 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. Federal mass-fatality 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.
14. Simplified union organizing rules. That NFDA oppose any change to the current federal requirements to establish and certify a labor union
15. Subchapter S corporation laws and regulations. That NFDA support efforts to Protect, Modernize and Improve S Corporation laws and regulations
16. Tax deduction or credit for indigent funeral expenses. That NFDA initiate and support federal legislation to provide a tax deduction or credit for the unreimbursed expenses related to a funeral home providing indigent funeral and/or final disposition services and or merchandise.
17. (NEW) Tax reform. That NFDA actively monitor this issue and act only on proposals that are either beneficial or detrimental for funeral service.