NFDA Applauds Congress for Introducing Legislation to Protect Grieving Families

Brookfield, Wis. – As the foremost advocate for grieving families and the funeral service profession, the National Funeral Directors Association (NFDA) commends Congress for introducing two critical pieces of legislation that will provide much-needed oversight to the whole-body donation process and financial relief for funeral expenses.

The Consensual Donation and Research Integrity Act (S. 1270/H.R. 2589) and the Funeral Coverage Act (H.R. 2436) reflect NFDA’s unwavering commitment to ensuring fairness, transparency and dignity in funeral service.

These bills, along with several others, will be a key focus for NFDA members as they advocate on behalf of the profession during the upcoming NFDA Advocacy Summit, April 9-11 in Washington, D.C. 

Consensual Donation and Research Integrity Act 

The Consensual Donation and Research Integrity Act (S. 1270/H.R. 2589), introduced this week by Sen. Chris Murphy (D-CT) and Rep. Gus Bilirakis (R-FL), aims to bring federal oversight to the currently unregulated industry of whole-body donation. While donating a loved one’s body for scientific research is an admirable choice that can aid medical research and advancements, families have been devastated by unscrupulous body brokers who exploit their generosity. 

NFDA has long championed federal regulation to ensure dignity and transparency in the whole-body donation process. NFDA President Chris Robinson, CFSP, CCO, emphasized, “This legislation is crucial to holding non-transplant tissue banks accountable and ensuring that donors and their families are treated with the respect they deserve. NFDA has been at the forefront of this issue, advocating for reforms that protect grieving families from deception and abuse.” 

The bill grants the Department of Health and Human Services oversight of non-transplant tissue banks, requiring them to register, comply with informed consent protocols, and adhere to strict handling and tracking procedures. It also establishes penalties for violations, ensuring greater transparency and accountability. 

“Families should never have to question whether their loved one’s remains were handled with dignity,” said NFDA Senior Vice President, Advocacy, Lesley Witter, MPA, CAE. “The heartbreaking stories we’ve heard from families affected by bad actors underscore the urgency of passing this legislation. NFDA will continue to advocate tirelessly until these protections become law.” 

Funeral Coverage Act 

NFDA also supports the Funeral Coverage Act (H.R. 2436), introduced last week by Rep. Kevin Hern (R-OK), a forward-thinking bill that would help grieving families manage funeral costs by expanding how Health Savings Accounts (HSAs) can be used.  

The Funeral Coverage Act would classify funeral and burial expenses as qualified HSA expenses, allowing individuals to use tax-free HSA funds to help cover final arrangements. When HSA funds are used to pay for qualified medical expenses, those distributions are made on a tax-free basis. 

The current maximum amount that can be contributed to an HSA on an annual basis is $4,300 for an individual and $8,550 for a family. Like an IRA account, when a person sets up an HSA, they name a beneficiary. If the beneficiary is a surviving spouse, the unused portion of the decedent’s HSA passes directly to the spouse is added to his or her HSA and incurs no tax liability. 

However, the immediate need for the spouse is funds to cover a funeral and burial, rather than have excess funds automatically added to their own HSA. If the decedent died owing medical expenses, the proceeds in the HSA will be used to pay those medical expenses before funeral expenses are paid. 

According to NFDA research, only 26.4% of Americans aged 40 and older have preplanned and prepaid for their funeral expenses, leaving many unprepared when a death occurs. Expanding the use of HSA funds for funeral expenses provides families with greater financial flexibility and peace of mind. 

“For many families, funerals are an unexpected expense,” said Robinson. “This legislation is a compassionate step toward easing financial stress during one of life’s most difficult moments. NFDA is committed to ensuring that families have the resources they need to honor their loved ones without undue financial hardship.” 

Additional Legislation Supported by NFDA 

In addition to these critical bills, NFDA is actively advocating for passage of other legislation that impacts funeral service professionals and the families they serve. 

Ensuring Veterans’ Final Resting Place Act of 2025 (S. 1116/H.R. 647): This commonsense pro-veteran legislation would allow families to inter their veteran loved ones in a VA national cemetery even if they previously opted for an urn or plaque, ensuring families have flexibility to make the best decision for their loved one’s final resting place. This legislation provides a thoughtful solution to a problem that adds unnecessary stress and grief to veteran families. 

The Dennis and Lois Krisfalusy Act (H.R. 1344): This bill corrects an injustice by allowing the Department of Veteran Affairs to provide memorial headstones or markers for veterans, their spouses and dependent children, regardless of when they passed away, ensuring that military families are properly honored together. 

Prioritizing Veterans’ Survivors Act (H.R. 1228): The Office of Survivor Assistance (OSA) is a crucial resource overseeing all benefits and services furnished by VA to survivors and dependents of deceased Veterans. This bill would move the OSA from the Veterans Benefits Administration back to the Office of the VA Secretary, thus ensuring the OSA has direct access to the Secretary to fix policy and program-wide problems. 

Death Tax Repeal Act of 2025 (S. 587/H.R. 1301): Supported by more than 230 organizations, including NFDA, this bill seeks to repeal the estate and generation-skipping transfer taxes, which imposes an unfair and costly tax on the transfer of property, land and other assets from a deceased family member to heirs of family farms and small businesses, like funeral homes. 

No IRIS Act of 2025 (S. 623/H.R. 1415): This bipartisan bill seeks to reduce undue red tape imposed by the Environmental Protection Agency’s Integrated Risk Information System, ensuring that chemical risk assessments are based on sound science rather than political agendas. 

NFDA’s Commitment to Advocacy 

As the leading voice for funeral service professionals in Washington. D.C., NFDA tirelessly advocates for legislative and regulatory solutions that benefit funeral directors, their businesses and the funeral service profession. 

“Our active support of these bills exemplifies NFDA’s commitment to standing up for funeral service professionals and the grieving families they serve,” said Lesley Witter. “We urge Congress to swiftly pass this legislation to provide grieving families and funeral directors with the protections and support they deserve.” 

NFDA members will bring these key issues directly to Members of Congress during the upcoming NFDA Advocacy Summit, reinforcing the importance of legislative action to support both the funeral service profession and the families it serves. 

NFDA is the world’s leading and largest funeral service association, serving 20,000 individual members who represent nearly 11,000 funeral homes in the United States and 49 countries around the world. NFDA is the trusted leader, beacon for ethics and the strongest advocate for the profession.

NFDA is the association of choice because it offers funeral professionals comprehensive educational resources, tools to manage successful businesses, guidance to become pillars in their communities and the expertise to foster future generations of funeral professionals. NFDA is headquartered in Brookfield, Wis., and has an office in Washington, D.C. For more information, visit NFDA.org. 

NFDA Applauds Senate Passage of Legislation Ensuring Dignified Burials for Veterans

Brookfield, Wis. – Yesterday, the U.S. Senate passed “The Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act” (S. 141), a comprehensive omnibus package of veterans legislation. Among its significant provisions, the bill includes a crucial update to veterans’ burial benefits that extends the allowance to veterans who die from a non-service-connected disability at home while receiving hospice care provided by the Department of Veterans Affairs (VA). Following the House of Representatives’ passage of this legislation last month (H.R. 8371), the bill now heads to President Joe Biden for his signature. The National Funeral Directors Association (NFDA) is a steadfast advocate for enhancing veterans’ funeral and burial benefits, with a full-time lobbyist in Washington, D.C., who played a pivotal role in supporting this legislation through expert advice and testimony. 

“On behalf of NFDA’s 20,000 members, I want to express our deep gratitude to Congress for passing this essential legislation,” said NFDA President Christopher P. Robinson, CFSP, CCO. “We especially appreciate the dedication of the House and Senate Committees on Veterans Affairs for their tireless work to ensure our nation’s veterans are honored with a dignified funeral and burial, regardless of where they take their final breath.” 

The provision to extend burial benefits to veterans who die at home while under hospice care is outlined in Section 301 of S. 141 and is rooted in the earlier House bill known as “Gerald’s Law.” Named in honor of veteran Gerald “Jerry” Elliott, this measure closes a gap in current policy that denies terminally ill veterans their VA burial allowance if they pass away outside a VA facility while under VA-furnished hospice care. 

On November 13, NFDA Lobbyist Lesley Witter, MPA, CAE, provided testimony before the House Committee on Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs in support of “Gerald’s Law” and nearly 20 other provisions in “The Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act.” 

During her testimony, Witter stated: “NFDA supports the ‘Veterans’ Burial Improvement Act of 2024,’ particularly its provisions making certain burial benefits permanent for spouses and children of armed forces members who die while on active duty. We also endorse the provision enabling the Secretary to cover additional costs for transporting a veteran from the place of death to a designated cemetery, exceeding the standard transportation allowance. These legislative initiatives are crucial steps toward ensuring that our veterans and their families receive the utmost respect and recognition for their sacrifices to our nation. NFDA is proud to support these efforts and remains committed to advocating for the dignified treatment of our nation’s heroes.” 

Following her testimony before the House, Witter noted, “It was an honor to testify before Congress on behalf of this vital legislation. This bill represents a significant step toward ensuring that all veterans, no matter where they die, receive the respect, recognition and benefits they have earned through their service.” 

NFDA has a long-standing tradition of advocating for policies that honor the service and sacrifice of America’s veterans. As the world’s largest and most trusted funeral service association, NFDA’s commitment to veterans and their families is founded on deep respect for their service and a belief that every veteran deserves dignified recognition in death. 

Throughout its history, NFDA has supported key legislation to ensure equitable funeral and burial benefits for all veterans, regardless of circumstances. This includes the “Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020,” which established equal burial benefits for all non-service-connected deaths. 

NFDA’s advocacy success is built on strong relationships with lawmakers, the VA, and veterans’ organizations. Through congressional testimony, direct outreach to policymakers and mobilizing funeral directors across the country, NFDA ensures that the voices of funeral directors, veterans and their families are heard. 

About NFDA

NFDA is the world’s leading and largest funeral service association, serving 20,000 individual members who represent nearly 11,000 funeral homes in the United States and 49 countries around the world. NFDA is the trusted leader, beacon for ethics and the strongest advocate for the profession. NFDA is the association of choice because it offers funeral professionals comprehensive educational resources, tools to manage successful businesses, guidance to become pillars in their communities and the expertise to foster future generations of funeral professionals. NFDA is headquartered in Brookfield, Wis., and has an office in Washington, D.C. For more information, visit NFDA.org. 

New Legislation Introduced to Ease Funeral Expenses for Families

Brookfield, Wis. – Families facing the unexpected loss of a loved one may find relief in new legislation introduced in the House of Representatives today. Endorsed by the National Funeral Directors Association, the “Funeral Coverage Act of 2024,” introduced by Rep. Kevin Hern (R-OK), would designate funeral expenses as a qualified expense eligible for coverage under Health Savings Accounts (HSAs). This means that families that have saved money for healthcare expenses can use those funds for funeral and burial expenses after the person dies and no longer needs the money for healthcare costs.

If the law allowed funeral expenses to be deemed a qualified expense for which HSA funds could be used, the beneficiary of an HSA could use the proceeds from a decedent’s HSA to pay for the funeral on a tax-free basis.

“For many families, funerals are an unexpected expense; this was particularly evident during the COVID-19 pandemic when so many families struggled to pay for a loved one’s final expenses,” said NFDA President Douglas R. “Dutch” Nie II, CFSP, CCO, owner of Nie Family Funeral Home & Cremation Service in Ann Arbor, Michigan. “This legislation offers a compassionate solution to alleviate the financial strain many families face. NFDA and its members are very grateful to Rep. Hern for introducing this important legislation.”

“I’m proud to sponsor this bill that allows beneficiaries to use HSA funds towards certain funeral expenses,” said Hern. “The death of a loved one is already a solemn and stressful time; there is no reason why overly burdensome red tape should get in the way of those facing a tough loss. When hard-working Americans choose to open and contribute to tax-benefitted HSA accounts, they do it so they can choose the best health services for them – both when opening an account and in the future. Death often comes at the end of a battle with one’s health, and we shouldn’t punish their loved ones by excluding funeral expenses from being used from someone’s leftover HSA funds.”

Created in 2003, HSAs enable individuals covered by high-deductible health plans to set aside money on a tax-preferred basis to cover qualified medical expenses. Individuals can make tax-free contributions to an HSA either through an employer or on their own. The current maximum amount that can be contributed to an HSA on an annual basis is $4,150 for an individual and $8,050 for a family.

According the 2023 Devenir & HSA Council Demographic Survey, at the end of 2022 there were 35.5 million HSAs, covering almost 72 million Americans, up from 67 million in 2021. The report further notes that HSAs are utilized across income spectrum; 75% of health savings accountholders live in a zip code with a median household income of less than $100,000.

Like an IRA account, when a person sets up an HSA, they name a beneficiary. If the beneficiary is a surviving spouse, the unused portion of the decedent’s HSA passes directly to the spouse and is added to his or her HSA and incurs no tax liability. However, the immediate need for the spouse is to pay for a funeral and burial, rather than have excess funds automatically added to their own HSA, this bill would enable surviving spouses to take care of their most immediate need: paying for a funeral and burial

NFDA Senior Vice President, Advocacy Lesley Witter emphasized the significance of the bill, stating, “According to the most recent NFDA Consumer Awareness & Preference Survey, only 17.3% of Americans age 40 and older have preplanned and prepaid for their funeral and burial or cremation, leaving the vast majority citizens financially unprepared should a death occur. This legislation offers American families a new avenue for navigating the complexities associated with the loss of a loved one, enabling them to plan a meaningful service and begin their healing journey without the added burden of financial stress.”

NFDA is the world’s leading and largest funeral service association, serving more than 20,000 individual members who represent nearly 11,000 funeral homes in the United States and 49 countries around the world. NFDA is the trusted leader, beacon for ethics and the strongest advocate for the profession. NFDA is the association of choice because it offers funeral professionals comprehensive educational resources, tools to manage successful businesses, guidance to become pillars in their communities and the expertise to foster future generations of funeral professionals. NFDA is headquartered in Brookfield, Wis., and has an office in Washington, D.C. For more information, visit www.nfda.org.