On June 3, the House Energy and Commerce Committee Subcommittee on Commerce, Manufacturing, and Trade convened a hearing on H.R. 8413, the SECURE Data Act. This legislative effort marks a structural shift in the federal data privacy debate, moving away from bipartisan compromises from previous congresses and leaning heavily into a national model derived from the consensus state framework passed by 21 out of the 22 states with active privacy laws. The bill seeks to override all state-level data privacy frameworks to establish a single, predictable nationwide benchmark. Proponents argue that an interstate patchwork of 50 different regulations creates a multi-billion dollar compliance barrier that paralyzes small businesses. Opponents argue that the proposed federal law is fundamentally weaker than active state frameworks, lacks a Private Right of Action (PRA), and operates as a regulatory “ceiling” that strips states of their ability to enact strict consumer protections.
ICCFA is closely monitoring legislative developments related to H.R. 8413 and has communicated to Subcommittee staff that the deathcare industry is governed by record-retention requirements that arise from separate funeral, crematory, and cemetery state licensing laws. ICCFA will continue working with congressional staff to ensure a federal data privacy framework preserves obligations imposed by state licensing laws, including record-retention requirements.
