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Councilmember Kenyan R. McDuffie Councilmember Robert C. White, Jr. 2
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Councilmember Charles Allen Councilmember Anita Bonds 6
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Councilmember Brianne K. Nadeau Councilmember Vincent C. Gray 10
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Councilmember Christina Henderson Councilmember Brooke Pinto 14
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Councilmember Matthew Frumin Councilmember Janeese Lewis George 18
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Councilmember Zachary Parker 22
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A BILL 25
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 29
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To amend Chapter 38 of Title 28 of the District of Columbia Official Code to require credit 34
reporting agencies to accept a personal statement from a consumer indicating the 35
consumer experienced financial hardship resulting from a public health emergency; to 36
prohibit users of credit reports from taking into consideration adverse information in a 37
report that was the result of the consumer’s action or inaction that occurred during the 38
public health emergency; to require credit reporting agencies to notify residents of the 39
right to request a personal statement; and to provide for civil action for violations of this 40
section. 41
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 43
act may be cited as the “Public Health Emergency Credit Alert Amendment Act of 2023”. 44
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Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 45
(a) The table of contents for Chapter 38 is amended by adding a new subchapter 46
designation to read as follows: 47
“Subchapter IV. Public Health Emergency Credit Alert. 48
“28-3871. Public health emergency credit alert. 49
(b) A new section 28-3871 is added to read as follows: 50
Ҥ 28-3871. Public health emergency credit alert. 51
“(a)(1) If a consumer reports in good faith that the consumer has experienced financial 52
hardship resulting directly or indirectly from a public health emergency declared pursuant to 53
section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 54
(D.C. Law 14-194; D.C. Official Code § 7-2304.01), a credit reporting agency maintaining a file 55
on the consumer shall accept and include in that file a personal statement furnished by the 56
consumer indicating that the consumer has been financially impacted by the public health 57
emergency. 58
“(2) A credit reporting agency shall provide that personal statement along with 59
any credit report provided by the agency, beginning on the date the credit reporting agency 60
receives the personal statement, unless the consumer requests that the personal statement be 61
removed. 62
“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 63
1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as 64
defined by 12 U.S.C. § 1462(3); ecept, that an eception granted by this subsection shall not 65
apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies. 66
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“(c)(1) No user of a credit report shall consider adverse information in a report that was 67
the result of an action or inaction of a consumer that occurred during, and was directly or 68
indirectly the result of, a public health emergency declared pursuant to section 5a of the District 69
of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. 70
Official Code § 7-2304.01), if the credit report includes a personal statement pursuant to 71
subsection (a) of this section, or if the consumer provides a written statement to the user of a 72
credit report that indicates in good faith that the consumer has experienced financial hardship 73
resulting directly or indirectly from the public health emergency declared pursuant to section 5a 74
of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. 75
Law 14-194; D.C. Official Code § 7-2304.01), before the user of the credit report makes a 76
determination. 77
“(2) If the consumer receives a denial or rejection by the user of a credit report 78
due to information that occurred during the public health emergency declared pursuant to section 79
5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. 80
Law 14-194; D.C. Official Code § 7-2304.01), the user must inform the consumer of their right 81
to file a written statement pursuant to paragraph (1) of this subsection. 82
“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 83
1681j, the entity providing the credit report must notify the resident of the right to request a 84
personal statement to accompany the credit report. 85
“(e) If a credit reporting agency violates this section, the affected consumer may bring a 86
civil action consistent with 15 U.S.C. § 1681n. 87
“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia 88
for temporary or permanent injunctive relief for, and for an award of damages for property loss 89
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or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or 90
deceptive conduct in violation of this section that harms a District resident. 91
“(2) In an action under this section, the Attorney General may recover: 92
“(A) A civil penalty not to eceed $1,000 for each violation; and 93
“(B) Reasonable attorney’s fees and costs of the action. 94
“(g) The following terms shall have the same meaning as defined in § 28-3861: 95
“(1) “Consumer;” 96
“(2) “Credit reporting agency. 97
“(h) “Credit report” shall have the same meaning as a “consumer report” as defined in the 98
Fair Credit Reporting Act, 15 USC § 1681a(d). 99
“(i) This section shall not be construed in a manner inconsistent with the Fair Credit 100
Reporting Act, (15 U.S.C. § 1681 et seq.), or any other federal law or regulation. 101
Sec. 3. Fiscal impact. 102
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 103
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 104
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 105
Sec. 4. Effective date. 106
This act shall take effect following approval by the Mayor (or in the event of veto by the 107
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 108
provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 109
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 110
Columbia Register. 111