I 
116TH CONGRESS 
2D SESSION 
H. R. 6370 
To amend the Fair Credit Reporting Act to provide for disaster protection 
for workers’ credit. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2020 
Mr. SHERMAN introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Fair Credit Reporting Act to provide for 
disaster protection for workers’ credit. 
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 ‘‘Disaster Protection 
for Workers’ Credit Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act, and the amendments made 
by this Act, is to protect consumers’ credit from negative 
impacts as a result of financial hardship due to the 
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coronavirus disease (COVID–19) outbreak and future 
major disasters. 
SEC. 3. REPORTING OF INFORMATION DURING MAJOR DIS-
ASTERS. 
(a) IN GENERAL.—The Fair Credit Reporting Act is 
amended by inserting after section 605B the following: 
‘‘§ 605C. Reporting of information during major disas-
ters 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVID–19 EMERGENCY
PERIOD.—The 
term ‘COVID–19 emergency period’ means the pe-
riod beginning on the date of enactment of this sec-
tion and ending on the later of— 
‘‘(A) 120 days after the date of enactment 
of this section; or 
‘‘(B) 120 days after the date of termi-
nation by the Federal Emergency Management 
Administration of the emergency declared on 
March 13, 2020, by the President under the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 4121 et seq.) 
relating to the Coronavirus Disease 2019 
(COVID-19) pandemic. 
‘‘(2) COVERED MAJOR DISASTER PERIOD.—The 
term ‘covered major disaster period’ means— 
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‘‘(A) the period beginning on the date on 
which a major disaster is declared by the Presi-
dent under section 401 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170), under which assistance 
is authorized under section 408 of such Act (42 
U.S.C. 5174), and ending on the date that is 
120 days after the end of the incident period 
designated in such declaration; or 
‘‘(B) the period ending 120 days after the 
date of termination by the Federal Emergency 
Management Administration of the emergency 
declared on March 13, 2020, by the President 
under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 4121 
et seq.) relating to the Coronavirus Disease 
2019 (COVID-19) pandemic. 
‘‘(3) MAJOR DISASTER.—The term ‘major dis-
aster’ means a major disaster declared by the Presi-
dent under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170),
under which assistance is authorized 
under section 408 of such Act (42 U.S.C. 5174). 
‘‘(b) MORATORIUM ON FURNISHING ADVERSE IN-
FORMATION DURING COVID–19 EMERGENCY PERIOD.— 
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No person may furnish any adverse item of information 
(except information related to a felony criminal conviction) 
relating to a consumer that was the result of any action 
or inaction that occurred during the COVID–19 emer-
gency period. 
‘‘(c) MORATORIUM ON FURNISHING ADVERSE INFOR-
MATION DURING COVERED MAJOR DISASTER PERIOD.— 
No person may furnish any adverse item of information 
(except information related to a felony criminal conviction) 
relating to a consumer that was the result of any action 
or inaction that occurred during a covered major disaster 
period if the consumer is a resident of the affected area 
covered by a declaration made by the President under sec-
tion 401 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170), under which 
assistance is authorized under section 408 of such Act (42 
U.S.C. 5174). 
‘‘(d) INFORMATION EXCLUDED FROM CONSUMER 
REPORTS.—In addition to the information described in 
section 605(a), no consumer reporting agency may make 
any consumer report containing an adverse item of infor-
mation (except information related to a felony criminal 
conviction) reported relating to a consumer that was the 
result of any action or inaction that occurred during the 
COVID–19 emergency period or a covered major disaster 
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period, and as applicable under subsection (f)(3), for 270 
days after the expiration of the applicable period. 
‘‘(e) SUMMARY OF RIGHTS.—Not later than 60 days 
after the date of enactment of this subsection, the Bureau 
shall update the model summary of rights under section 
609(c)(1) to include a description of the right of a con-
sumer to— 
‘‘(1) request the deletion of adverse items of in-
formation under subsection (f); and 
‘‘(2) request a consumer report or score, with-
out charge to the consumer, under subsection (g). 
‘‘(f) DELETION OF ADVERSE ITEMS OF INFORMA-
TION RESULTING FROM
THE CORONAVIRUS DISEASE 
(COVID–19) OUTBREAK AND MAJOR DISASTERS.— 
‘‘(1) REPORTING.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of this sub-
section, the Bureau shall create a website for 
consumers to report, under penalty of perjury, 
economic 
hardship 
as 
a 
result 
of 
the 
coronavirus disease (COVID–19) outbreak or a 
major disaster (if the consumer is a resident of 
the affected area covered by such major dis-
aster) for the purpose of extending credit report 
protection for an additional 270 days after the 
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end of the COVID–19 emergency period or cov-
ered major disaster period, as applicable. 
‘‘(B) 
DOCUMENTATION.—The 
Bureau 
shall— 
‘‘(i) not require any documentation 
from a consumer to substantiate the eco-
nomic hardship; and 
‘‘(ii) provide notice to the consumer 
that a report under subparagraph (A) is 
under penalty of perjury. 
‘‘(C) REPORTING
PERIOD.—A consumer 
may report economic hardship under subpara-
graph (A) during the COVID–19 emergency pe-
riod or a covered major disaster period, as ap-
plicable, and for 60 days thereafter. 
‘‘(2) DATABASE.—The Bureau shall establish 
and maintain a secure database that— 
‘‘(A) is accessible to each consumer report-
ing agency described in section 603(p) and na-
tionwide specialty consumer reporting agency 
for purposes of fulfilling their duties under 
paragraph (3) to check and automatically delete 
any adverse item of information (except infor-
mation related to a felony criminal conviction) 
reported that occurred during the COVID–19 
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emergency period or a covered major disaster 
period with respect to a consumer; and 
‘‘(B) contains the information reported 
under paragraph (1). 
‘‘(3) DELETION OF ADVERSE ITEMS OF INFOR-
MATION
BY
NATIONWIDE
CONSUMER
REPORTING 
AND NATIONWIDE SPECIALTY CONSUMER REPORT-
ING AGENCIES.— 
‘‘(A) IN
GENERAL.—Each consumer re-
porting agency described in section 603(p) and 
each nationwide specialty consumer reporting 
agency shall, using the information contained in 
the database established under paragraph (2), 
delete from the file of each consumer named in 
the database each adverse item of information 
(except information related to a felony criminal 
conviction) that was a result of an action or in-
action that occurred during the COVID–19 
emergency period or a covered major disaster 
period up to 270 days following the end of the 
such period. 
‘‘(B) TIMELINE.—Each consumer report-
ing agency described in section 603(p) and each 
nationwide specialty consumer reporting agency 
shall check the database at least weekly and de-
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lete adverse items of information as soon as 
practicable after information that is reported 
under paragraph (1) appears in the database 
established under paragraph (2). 
‘‘(4) REQUEST
FOR
DELETION
OF
ADVERSE 
ITEMS OF INFORMATION.— 
‘‘(A) IN GENERAL.—A consumer who has 
filed a report of economic hardship with the 
Bureau may submit a request, without charge 
to the consumer, to a consumer reporting agen-
cy to delete from the consumer’s file an adverse 
item of information (except information related 
to a felony criminal conviction) that was a re-
sult of an action or inaction that occurred dur-
ing the COVID–19 emergency period or a cov-
ered major disaster period up to 270 days fol-
lowing the end of the such period. 
‘‘(B) TIMING.—A consumer may submit a 
request under subparagraph (A), not later than 
270-day period described in that subparagraph. 
‘‘(C) REMOVAL AND NOTIFICATION.—Upon 
receiving a request under this paragraph to de-
lete an adverse item of information, a consumer 
reporting agency shall— 
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‘‘(i) delete the adverse item of infor-
mation (except information related to a fel-
ony criminal conviction) from the con-
sumer’s file; and 
‘‘(ii) notify the consumer and the fur-
nisher of the adverse item of information 
of the deletion. 
‘‘(g) FREE CREDIT REPORT AND SCORES.— 
‘‘(1) IN
GENERAL.—During the COVID–19 
emergency period or a covered major disaster period 
and ending 12 months after the expiration of the 
COVID–19 emergency period or covered major dis-
aster period, as applicable, each consumer reporting 
agency as described under 603(p) and nationwide 
specialty consumer reporting agency shall make all 
disclosures described under section 609 upon request 
by a consumer, by mail or online, without charge to 
the consumer and without limitation as to the num-
ber of requests. A consumer reporting agency shall 
also supply a consumer, upon request and without 
charge, with a credit score that— 
‘‘(A) is derived from a credit scoring model 
that is widely distributed to users by the con-
sumer reporting agency for the purpose of any 
extension of credit or other transaction des-
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ignated by the consumer who is requesting the 
credit score; or 
‘‘(B) is widely distributed to lenders of 
common consumer loan products and predicts 
the future credit behavior of the consumer. 
‘‘(2) TIMING.—A file disclosure or credit score 
under paragraph (1) shall be provided to the con-
sumer not later than— 
‘‘(A) 7 days after the date on which the re-
quest is received if the request is made by mail; 
and 
‘‘(B) not later than 15 minutes if the re-
quest is made online. 
‘‘(3) ADDITIONAL REPORTS.—A file disclosure 
provided under paragraph (1) shall be in addition to 
any disclosure requested by the consumer under sec-
tion 612(a). 
‘‘(4) PROHIBITION.—A consumer reporting 
agency that receives a request under paragraph (1) 
may not request or require any documentation from 
the consumer that demonstrates that the consumer 
was impacted by the coronavirus disease (COVID– 
19) outbreak or a major disaster (except to verify 
that the consumer resides in an area covered by the 
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major disaster) as a condition of receiving the file 
disclosure or score. 
‘‘(h) POSTING OF RIGHTS.—Not later than 30 days 
after the date of enactment of this section, each consumer 
reporting agency shall prominently post and maintain a 
direct link on the homepage of the public website of the 
consumer reporting agency information relating to the 
right of consumers to— 
‘‘(1) request the deletion of adverse items of in-
formation (except information related to a felony 
criminal conviction) under subsection (f); and 
‘‘(2) request consumer file disclosures and 
scores, without charge to the consumer, under sub-
section (g). 
‘‘(i) BAN ON REPORTING MEDICAL DEBT INFORMA-
TION RELATED TO COVID–19 OR A MAJOR DISASTER.— 
‘‘(1) FURNISHING BAN.—No person shall fur-
nish adverse information to a consumer reporting 
agency related to medical debt if such medical debt 
is with respect to medical expenses related to treat-
ments arising from COVID–19 or a major disaster 
(whether or not the expenses were incurred during 
the COVID–19 emergency period or covered major 
disaster period). 
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‘‘(2) CONSUMER REPORT BAN.—No consumer 
reporting agency may made a consumer report con-
taining adverse information related to medical debt 
if such medical debt is with respect to medical ex-
penses related to treatments arising from COVID– 
19 or a major disaster (whether or not the expenses 
were incurred during the COVID–19 emergency pe-
riod or covered major disaster period). 
‘‘(j) CREDIT SCORING MODELS.—A person that cre-
ates and implements credit scoring models may not treat 
the absence, omission, or deletion of any information pur-
suant to this section as a negative factor or negative value 
in credit scoring models created or implemented by such 
person.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Fair Credit Reporting Act 
is amended by inserting after the item relating to section 
605B the following: 
‘‘605C. Reporting of information during major disasters.’’. 
SEC. 4. LIMITATIONS ON NEW CREDIT SCORING MODELS 
DURING THE COVID–19 EMERGENCY AND 
MAJOR DISASTERS. 
The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended— 
(1) by adding at the end the following: 
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‘‘§ 630. Limitations on new credit scoring models dur-
ing the COVID–19 emergency and major 
disasters 
‘‘With respect to a person that creates and imple-
ments credit scoring models, such person may not, during 
the COVID–19 emergency period or a covered major dis-
aster period (as such terms are defined under section 
605C), create or implement a new credit scoring model 
(including a revision to an existing scoring model) if the 
new credit scoring model would identify a significant per-
centage of consumers as being less creditworthy when 
compared to the previous credit scoring models created or 
implemented by such person.’’; and 
(2) in the table of contents for such Act, by 
adding at the end the following new item: 
‘‘630. Limitations on new credit scoring models during major disasters.’’. 
Æ 
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