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![handle is hein.usfed/ppsfrl0001 and id is 1 raw text is:
UNITED STATES GOVERNMENT
DAl': July 16, 1982 -LH8eCMOrMniuin
RErIPL.Y TO
ATTNOF: Michae. C. McCarey, Associate Director
Division of Service Industry Practices
SUBJLCT:
Proposed Funeral Rule
vc: The Conunissi.on
The purpose of this memorandum is to provide (1) relevant
back, round informaition highlighting the unique Cong res ional
involveient in this prioceeding, (2) my views on what should be
done with the data collected as part of the baseline study, and
(3) 'My views on the appropriate form of any final rule' the
Comlimission may wish to promiulgate.
I. Background
Beginning in 1979, t0e funeral proceeding became the subject
of direct and substantial Congressional involvement leading to
the imposition of unique procedural and substantive cequirevaints
for a final funera. rule. In June, 1979 Congressman Russo from
Illinois introduced an amendment to the Colomission's authorize-
tion bill to eliminate the Commission's authority to promulgate a
final funeiral rule. On Novembcr 14, 1979, Congressman Russo's
amendment passed the House on a roll call vote of 223 to 147,
despite the fact that the then Chairman oZ the Commerce Commit-
tee 's Consunimer Protection Subcommittee and the President's Con-
sumor Affair advisor vigorously opposed the amendment.. No
comparable bill was introduced in the Senate. The amendment was
considered by the house-Senate Conference on H.R. 2313 -- the FTC
Improvem(ents Act. The Conference recoinmended that the Congress
(1) limit substantively the scope of any rule the Commission
might promulgate on the subject on funeral services, and (2)
requi.re that the rule be submitted to an additional round of
publ ic comment. The Con gress accepted the Conference' s recom-
mend at ions; they were adopLed as Section 19 of the 1980 Improve-
ments Act. When the Conference Report was taken up in the House,
Congressman Broyhiill, one of the House conferees, edvised the
Commission that in recomiending preservation of the Commission's
ruliemaking authority in the fuincrals area,
...the conferees [were] not necessarily
encouraging the promulgation of a rule in
th s a. T '1'o the exten t that- the problemvis
r uy U.S. Saviigs Bonds Rejiularly on the Payioll Savings Plan](ViewImageLocal?handle=hein.usfed/ppsfrl0001&div=1&collection=&method=preview&ext=.png&size=3)