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Councilmember Robert C. White, Jr. 2
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A BILL 10
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
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To amend, on an emergency basis due to congressional review, Chapter 38 of Title 28 of the 19
District of Columbia Official Code to require credit reporting agencies to accept a 20
personal statement from a consumer indicating the consumer experienced financial 21
hardship resulting from a public health emergency; to prohibit users of credit reports 22
from taking into consideration adverse information in a report that was the result of the 23
consumer’s action or inaction that occurred during the public health emergency; to 24
require credit reporting agencies to notify residents of the right to request a personal 25
statement; and to provide for civil action for violations of this section. 26
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
act may be cited as the “Public Health Emergency Credit Alert Congressional Review 29
Emergency Amendment Act of 2023”. 30
Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 31
(a) The table of contents for Chapter 38 is amended by adding a new subchapter 32
designation to read as follows: 33
“Subchapter IV. Public Health Emergency Credit Alert. 34
“28-3871. Public health emergency credit alert.”. 35
(b) A new section 28-3871 is added to read as follows: 36
Ҥ 28-3871. COVID-19 Emergency credit alert. 37
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“(a)(1) If a consumer reports in good faith that the consumer has experienced financial 38
hardship resulting directly or indirectly from the public health emergency declared pursuant to 39
section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 40
(D.C. Law 14-194; D.C. Official Code § 7-2304.01), a credit reporting agency maintaining a file 41
on the consumer shall accept and include in that file a personal statement furnished by the 42
consumer indicating that the consumer has been financially impacted by the COVID-19 43
emergency. 44
“(2) A credit reporting agency shall provide that personal statement along with 45
any credit report provided by the agency, beginning on the date the credit reporting agency 46
receives the personal statement, unless the consumer requests that the personal statement be 47
removed. 48
“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 49
1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as 50
defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not 51
apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies. 52
“(c)(1) No user of a credit report shall consider adverse information in a report that was 53
the result of an action or inaction by a consumer that occurred during, and was directly or 54
indirectly the result of, a public health emergency declared pursuant to section 5a of the District 55
of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. 56
Official Code § 7-2304.01), if the credit report includes a personal statement pursuant to 57
subsection (a) of this section.” 58
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“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 60
1681j, the entity providing the credit report must notify the resident of the right to request a 61
personal statement to accompany the credit report. 62
“(e) If a credit reporting agency violates this section, the affected consumer may bring a 63
civil action consistent with 15 U.S.C. § 1681n. 64
“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia 65
for temporary or permanent injunctive relief for, and for an award of damages for property loss 66
or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or 67
deceptive conduct in violation of this section that harms a District resident. 68
“(2) In an action under this section, the Attorney General may recover: 69
“(A) A civil penalty not to exceed $1,000 for each violation; and 70
“(B) Reasonable attorney’s fees and costs of the action. 71
“(g) The following terms shall have the same meaning as defined in § 28-3861: 72
“(1) “Consumer;” 73
“(2) “Credit report;” and 74
“(3) “Credit reporting agency”. 75
“(h) This section shall not be construed in a manner inconsistent with the Fair Credit 76
Reporting Act, (15 U.S.C. § 1681 et seq.), or any other federal law or regulation.”. 77
Sec. 3. Applicability. 78
This act shall apply as of October 29, 2023. 79
Sec. 4. Fiscal impact. 80
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The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 81
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 82
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 83
Sec. 5. Effective date. 84
This act shall take effect following approval by the Mayor (or in the event of veto by the 85
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 86
90 days, as provided for emergency acts of the Council of the District of Columbia in section 87
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 88
D.C. Official Code § 1-204.12(a)). 89