I 
111TH CONGRESS 
2D SESSION 
H. R. 5743 
To amend the Fair Credit Reporting Act to prohibit the furnishing of certain 
negative loan modification information to a consumer reporting agency 
and to prohibit such information from being used in computing a con-
sumer’s credit score. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2010 
Ms. SPEIER (for herself, Mr. MILLER of North Carolina, Mr. GEORGE MILLER 
of California, and Mr. FRANK of Massachusetts) introduced the following 
bill; which was referred to the Committee on Financial Services 
A BILL 
To amend the Fair Credit Reporting Act to prohibit the 
furnishing of certain negative loan modification informa-
tion to a consumer reporting agency and to prohibit 
such information from being used in computing a con-
sumer’s credit score. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Home-
owners’ Credit History Act of 2010’’. 
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SEC. 2. FURNISHING OF CERTAIN LOAN MODIFICATION IN-
FORMATION PROHIBITED. 
Section 623 of the Fair Credit Reporting Act (15 
U.S.C. 1681s–2) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) FURNISHING OF CERTAIN LOAN MODIFICATION 
INFORMATION PROHIBITED.—A person shall not furnish 
to a consumer reporting agency any negative information 
regarding or resulting from the modification of the terms 
of a consumer loan that is secured by 1 to 4 units of resi-
dential real property, including any agreement to reduce 
the amount of the payments for the loan or to reduce the 
principal amount of such loan, whether or not such modi-
fication is on a permanent, temporary, or trial basis.’’. 
SEC. 3. REQUIREMENTS RELATING TO INFORMATION USED 
TO CALCULATE CREDIT SCORES. 
The Fair Credit Reporting Act is further amended 
by inserting after section 605B the following new section: 
‘‘SEC. 605C. REQUIREMENTS RELATING TO INFORMATION 
USED TO CALCULATE CREDIT SCORES. 
‘‘(a) PROHIBITION.—A person shall not, in calcu-
lating any credit score of a consumer, produce a less favor-
able credit score on the basis of any information regarding 
or resulting from the modification of the terms of a con-
sumer loan that is secured by 1 to 4 units of residential 
real property, including any agreement to reduce the 
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amount of the payments for the loan or to reduce the prin-
cipal amount of such loan, whether or not such modifica-
tion is on a permanent, temporary, or trial basis. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘credit score’ means a numerical value or a cat-
egorization derived from a statistical tool or modeling sys-
tem used by a person who makes or arranges a loan to 
predict the likelihood of certain credit behaviors, including 
default.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
after the 90-day period beginning on the date of the enact-
ment of this Act. 
Æ 
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