In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Paycheck Fairness Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990's, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) ensuring equal protection pursuant to Congress'
power to enforce the 5th and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and wage data, along with more
effective remedies, women will be better able to recognize and
enforce their rights to equal pay for work on jobs that require
equal skill, effort, and responsibility and that are performed
under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1))
is amended by striking ''(iv) a differential'' and all that follows
through the period and inserting the following: ''(iv) a differential
based on a bona fide factor other than sex, such as education, training
or experience, except that this clause shall apply only if--
''(I) the employer demonstrates that--
''(aa) such factor--
''(AA) is job-related with
respect to the position in
question; or
''(BB) furthers a
legitimate business purpose,
except that this item shall not
apply where the employee
demonstrates that an
alternative employment practice
exists that would serve the
same business purpose without
producing such differential and
that the employer has refused
to adopt such alternative
practice; and
''(bb) such factor was actually
applied and used reasonably in light of
the asserted justification; and
''(II) upon the employer succeeding under
subclause I, the employee fails to demonstrate
that the differential produced by the reliance
of the employer on such factor is itself the
result of discrimination on the basis of sex by
the employer.
''An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to
achieve such compliance.''.
(b) Application of Provisions.--Section 6(d)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the
end the following: ''The provisions of this subsection shall apply to
applicants for employment if such applicants, upon employment by the
employer, would be subject to any provisions of this section.''.
(c) Elimination of Establishment Requirement.--Section 6(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--
(1) by striking '', within any establishment in which such
employees are employed,''; and
(2) by striking ''in such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ''or has'' each place it appears and
inserting ''has''; and
(2) by inserting before the semicolon the following: '', or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
''Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ''An action to'', by striking
''either of the preceding sentences'' and inserting ''any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ''No employees shall'', by
striking ''No employees'' and inserting ''Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ''Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ''The court in''--
(A) by striking ''in such action'' and inserting
''in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
'', including expert fees''.
(f) Action by Secretary.--Section 16(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(c)) is amended--
(1) in the first sentence--
(A) by inserting ''or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ''and the agreement''; and
(B) by inserting before the period the following:
'', or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ''and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ''the first
sentence'' and inserting ''the first or second sentence''; and
(4) in the last sentence--
(A) by striking ''commenced in the case'' and
inserting ''commenced--
''(1) in the case'';
(B) by striking the period and inserting
''; or''; and
(C) by adding at the end the following:
''(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action''.

SEC. 4. TRAINING.

The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.

SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.

The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to eliminating the
pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.

SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.

(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and responsibility,
including decisionmaking responsibility and de facto supervisory
responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.

(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ''Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made
substantial effort to eliminate pay disparities between men and
women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President may determine to be
appropriate.
(d) Business.--In this section, the term ''business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.

Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
''(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
''(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
''(B) based on the results of the survey and consultations
under subparagraph (A), issue regulations to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
''(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. For this purpose, the Commission shall consider factors
including the imposition of burdens on employers, the frequency of
required reports (including which employers should be required to
prepare reports), appropriate protections for maintaining data
confidentiality, and the most effective format for the data collection
reports.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act).
(Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
(Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
(Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations.
(Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
(Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens.
(Sec. 9) Authorizes appropriations.

SECTION 1. NATIONAL GUARD OPERATION ABOUT FACE TO PROVIDE LIFE-SKILLS
FOR AT RISK YOUTH.

(a) Chapter 5 of title 32, United States Code, is amended by adding
at the end the following new section:
''Sec. 510. National Guard operation about face to provide life-skills
for at-risk youth
''(a) Program Authority and Purpose.--The Secretary of Defense,
through the Chief, National Guard Bureau, may use the National Guard to
conduct an at-risk youth life skills program to be known as 'National
Guard Operation About Face', which shall be a community based outreach
program for at-risk youth, which shall include after-school and summer
classes to provide academic skills, computer literacy, employability
skills, life-coping skills, and communication skills supplemented with
work experience activities to create vibrant communities that foster
economic opportunity and encourage life-long learning.
''(b) Conduct of the Program.--(1) The Secretary of Defense shall
provide for the conduct of the National Guard Operation About Face in
such States as the Secretary considers to be appropriate.
''(2) The Secretary shall carry out the National Guard Operation
About Face using--
''(A) funds appropriated directly to the Secretary of
Defense for the program; and
''(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the
program.
''(3) For purposes of a transfer under paragraph (2)(B),
administration of the National Guard Operation About Face is a good or
service for which an agency agreement may be entered into under section
1535 of title 31, United States Code.
''(c) Program Agreements.--(1) To carry out the National Guard
Operation About Face in a State, the Secretary of Defense shall enter
into an agreement with the Governor of the State, or in the case of the
District of Columbia National Guard, with the commanding general of the
District of Columbia National, under which the Governor or the
commanding general will establish, organize, and administer the
National Guard Operation About Face in the State.
''(2) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard Operation About Face.
''(d) Persons Eligible To Participate in Program.--Any at risk
youth may participate in the National Guard Operation About Face. The
Secretary of Defense shall prescribe the standards and procedures for
selecting participants from among at risk youth.
''(e) Authorized Benefits for Participants.--To the extent provided
in an agreement entered into in accordance with subsection (c):
''(1) Any funds made available or transferred to the
Secretary of Defense by other Federal agencies under section
(b)(2)(B) of this section may be used to provide a stipend to
participants for the work experience portion of the National
Guard Operation About Face:
''(A) For the original purpose for which the funds
were appropriated and in accordance with the
regulations of the Federal agency from which the funds
were made available or transferred.
''(B) For the purpose for which defense funds are
appropriated and in accordance with the regulations
prescribed by the Secretary of Defense for the National
Guard Operation About Face.
''(C) In the case of a conflict between the
regulations described in paragraph (A) and (B), the
regulations of the Federal agency from which the funds
were made available or transferred shall apply.
''(2) A participant in the national Guard Operation About
Face may receive the following additional benefits in
connection with the program:
''(A) Light refreshments.
''(B) Transportation.
''(C) Supplies.
''(D) Services.
''(f) Program Personnel.--Personnel of the National Guard of a
State in which the National Guard Operation About Face is conducted may
serve on full-time National Guard duty for the purpose of providing
managerial, administrative, training, or supporting services for the
program.
''(g) Equipment and Facilities.--Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the National Guard
Operation About Face.
''(h) Supplemental Resources.--To carry out the National Guard
Operation About Face in a State, the Governor of the State or, in the
case of the District of Columbia, the commanding general of the
District of Columbia National Guard, may supplement funds made
available under the program out of other resources (including gifts)
available to the Governor or the commanding general. The Governor or
the commanding Federal may accept, use, and dispose of gifts or
donations of money, other property or services for the National Guard
Operation About Face.
''(i) Definitions.--In this section:
''(1) The term 'State' includes the Commonwealth of Puerto
Rico, the territories, and the District of Columbia.
''(2) The term 'at-risk youth' has the same meaning given
that term in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

''510. National Guard operation about face to provide life-skills for
at-risk youth.''.
Authorizes the Secretary of Defense, through the Chief, National Guard Bureau, to use the National Guard to conduct an at-risk youth life skills program to be known as "National Guard Operation About Face." Requires such program to: (1) be a community-based outreach program for at-risk youth; and (2) include after-school and summer classes to provide academic skills, computer literacy, employability skills, life-coping skills, and communication skills supplemented with work experience activities. Requires agreements with State governors and the commanding general of the District of Columbia National Guard to carry out the program. Directs the Secretary to prescribe standards and procedures for selecting program participants from at risk youth. Authorizes the use of State National Guard personnel, equipment, and facilities, as well as State supplemental resources, in support of such program.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Consumer Lending Education And
Reform Act'' and the ''C.L.E.A.R. Act''.

SEC. 2. PROTECTIONS FOR CONSUMERS.

(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by inserting after section 129A the following
new section:
''Sec. 129B Protections for consumers
''(a) Definitions.--For purposes of this section, the following
definitions shall apply:
''(1) Affiliate.--The term 'affiliate' has the same meaning
as in section 129(k).
''(2) Electronic signature.--The term 'electronic
signature' means a signatures in digital or other electronic
form that meets the validity requirements of the Electronic
Signatures in Global and National Commerce Act.
''(3) Extended payment plan.--The term 'extended payment
plan' means an amendment to the payday loan that is signed in
person or electronically by both the consumer and the creditor
reflecting an agreement that the consumer pay the outstanding
balance on a payday loan in 4 equal payments, where the period
between each payment may not be less than the duration of the
original payday loan.
''(4) Home state.--
''(A) In general.--The term 'home State' means,
with respect to any creditor or any affiliate of a
creditor, the State in which the primary home office of
the creditor or any affiliate of the creditor is
located.
''(B) Home office.--The term 'home office' means
the office that houses a majority of the applicable
party's day-to-day management and administrative
support functions.
''(5) Interest and fees.--
''(A) In general.--Except as provided in
subparagraph (B), the term 'interest and fees' includes
any charge payable directly or indirectly by the
consumer and imposed directly or indirectly by the
creditor as an incident to or a condition of the
extension of credit.
''(B) Charges not included.--The term 'interest and
fees' does not include--
''(i) any charge for a default,
delinquency, or similar occurrence; or
''(ii) any charge imposed when, if for any
reason, funds are not made available to pay an
item or authorization delivered to the creditor
in the manner described in subparagraph (A) or
(B) of paragraph (1) to the extent that--
''(I) the charge does not exceed
the greater of $25 or the amount
charged to the creditor by the
creditor's financial institution; and
''(II) the charge is only imposed
once per each item or authorization
regardless of whether the item or
authorization is presented for payment
more than once.
''(6) Loan store.--The term 'loan store' means each
location operated by a creditor at which applications for
payday loans are received or the proceeds of payday loans are
disbursed.
''(7) Payday loan; loan.--The terms 'payday loan' and
'loan' mean a closed-end credit transaction, evidenced by a
loan agreement signed by the creditor and the consumer, in
person or electronically, unsecured by any interest in the
consumer's tangible personal property with a term of at least 7
and not more than 90 days in which the amount financed does not
exceed $2,000 with a finance charge exceeding an annual
percentage rate of 36 percent, and the consumer--
''(A) receives funds from and incurs interest or a
fee payable to a creditor, and contemporaneously with
the receipt of funds, provides a check or other payment
instrument to the creditor who agrees with the consumer
not to deposit or present the check or payment
instrument for more than 1 day; or
''(B) receives funds from and incurs interest or a
fee payable to a creditor, and contemporaneously with
the receipt of funds, authorized the creditor to
initiate a debt or debits to the consumer's deposit
account (by electronic fund transfer or remotely
created check) after 1 or more days.
''(8) Payday lender.--The term 'payday lender' means any
creditor with respect to a payday loan.
''(9) Refinancing.--The term 'refinancing' means the use of
the proceeds of 1 payday loan obtained from a creditor to pay
off any amount due to that creditor.
''(b) Protections for Consumers.--
''(1) Interest and fee cap.--A payday lender may not--
''(A) require a consumer to pay--
''(i) in the case of any original payday
loan, interest and other fees and charges that
total more than 15 cents for every dollar
loaned; and
''(ii) in the case of an original payday
loan originated over the Internet, an
additional origination fee in excess of 5
percent of the original principal loan amount;
''(B) require a consumer to pay interest and fees
that, combined, total more than--
''(i) in the case of the 1st refinancing of
an outstanding payday loan, 15 cents for every
dollar of the outstanding original principal
loan amount; and
''(ii) in the case of the 2nd refinancing
of an outstanding payday loan, 10 cents for
every dollar of the outstanding original
principal loan amount; or
''(C) require a consumer to pay an origination fee
for a payday loan that is refinanced.
''(2) Mandatory disclosures.--A payday lender may not make
or refinance a payday loan unless the creditor has first
provided the consumer with a copy of a written loan agreement,
which shall be signed by the creditor and by the consumer and
shall include the following information in English and in the
language in which the loan was negotiated:
''(A) A clear and conspicuous description of the
terms of the loan, including the total cost of all fees
and other charges in connection with the loan stated as
a dollar amount, and the consumer's payment obligations
under the loan.
''(B) The name, address and telephone number of the
creditor making the loan, and the name of title of the
individual employee of the creditor who signs the loan
agreement on behalf of the creditor.
''(C) The following statements, in at least 14-
point bold face type:
''(i) Warning.--This loan is not intended
to meet long-term financial needs. This loan
should be used only to meet short-term cash
needs.
''(ii) Credit counseling availability.--You
should consider contacting an independent,
nonprofit credit counseling agency approved by
the National Foundation for Credit Counseling
(NFCC) or by a State or Federal Government
agency. You may obtain information on how to
contact an approved counselor near you by
calling the National Foundation for Credit
Counseling at 1-800-388-2227.
''(iii) No criminal prosecution or security
interest.--You cannot be prosecuted in criminal
court to collect this loan, and the creditor
may not take or attempt to take an interest in
any of your personal property to secure his
loan.
''(3) Additional public disclosures.--A payday lender may
not make or refinance a payday loan to any consumer unless the
following notices are posted conspicuously in English and
Spanish and in not less than 1-inch bold print in the
creditor's public lending area in each loan store, or, if the
loan is made using the Internet, fax or other means, are posted
conspicuously on the creditor's public internet site relating
to any such payday loan:
''(A) Warning.--This loan is not intended to meet
long-term financial needs. This loan should be used
only to meet short-term cash needs.
''(B) Credit counseling availability.--You should
consider contacting an independent, nonprofit credit
counseling agency approved by the National Foundation
for Credit Counseling (NFCC) or by a State or Federal
Government agency. You may obtain information on how to
contact an approved counselor near you by calling the
National Foundation for Credit Counseling at 1-800-388-
2227.
''(C) No criminal prosecution or security
interest.--You cannot be prosecuted in criminal court
to collect this loan, and the creditor may not take or
attempt to take an interest in any of your personal
property to secure his loan.
''(4) Creditor surety bond requirements.--
''(A) In general.--A payday lender may not make or
refinance a payday loan unless the creditor has
obtained and filed, in accordance with subparagraph
(B), a surety bond in the following amount:
''(i) A surety bond in the amount of
$100,000 for each loan store operated by the
creditor, if the creditor operates fewer than
10 loan stores and does not offer any payday
loans over the Internet.
''(ii) A surety bond in the amount of
$1,000,000, if the creditor operates 10 or more
loan stores or offers loans over the Internet.
''(iii) Such greater amount as may be
required by applicable State law.
''(B) Bond requirements.--The surety bond obtained
by a payday lender to meet the requirements of
subparagraph (A) shall be filed with, and for the
benefit of, the State attorney general in the
creditor's home state.
''(C) Aggregation of lender and affiliate under
certain circumstances.--For purposes of this paragraph,
a creditor and each affiliate of a creditor which has
the same home State as the creditor may aggregate the
loan stores operated by such creditor and any such
affiliate for purposes of determining the amount of the
surety bond required to be filed under subparagraph
(A).
''(5) Extended payment plan.--
''(A) In general.--A payday lender may not make or
refinance a payday loan unless the terms of the loan
require the creditor, upon receiving notice from the
consumer of an inability to repay prior to close of
business on the last business day before the original
due date of the loan, provides the consumer with notice
of and the right to opt into an extended payment plan,
without charge, 1 time in any 12 month period.
''(B) Limitation during extended payment plan.--A
creditor may not engage in any collection activity (or
procure the services of any other for such purpose)
during the term of any extended payment plan.
''(6) Refinancing.--A payday lender may not--
''(A) refinance a payday loan for less than 7 days;
''(B) refinance a payday loan more than 2
consecutive times; refinance a payday loan without
terminating the previous agreement and entering into a
new agreement that the creditor and consumer each sign
in person or with an electronic signature; or
''(C) require a consumer to pay interest and fees
in connection with a refinancing that, combined, total
more than the amount permitted under paragraph
(1)(B).''.
(b) Technical and Conforming Amendments.--
(1) Disclosures.--Section 128(a)(4) of the Truth in Lending
Act (U.S.C. 1638(a)(4)) is amended--
(A) by striking ''or'' after ''does not exceed
$5,'' and
(B) by inserting '', or if the loan is subject to
section 129B''.
(2) Effect on other laws.--Section 111 of the Truth in
Lending Act (U.S.C. 1610) is amended--
(A) in subsection (b), by inserting ''subsection
(f) of this section and'' after ''Except as provided
in''; and
(B) by adding at the end the following new
subsection:
''(f) Payday Loans.--
''(1) In general.--The following provisions of the law of
any State shall not apply to any payday loan, or any
refinancing of a payday loan, that is subject to section 129B:
''(A) Any provision requiring minimum loan terms.
''(B) Any provision prohibiting, defining or
limiting any refinancing.
''(C) Any provision prohibiting or limiting the use
of a check or debit authorization to originate a payday
loan.
''(D) Any provision prohibiting or mandating
extended payment plans.
''(E) Any provision limiting the rate or amount of
interest and fees or default, delinquency or not
sufficient fund fees or other charges which may be
taken, received or reserved by creditors for payday
loans or any refinancing of a payday loan.
''(2) Enforcement.--Notwithstanding paragraph (1), any
State may employ or establish State laws for the purpose of
enforcing the requirements of section 129B.''.
(c) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 129 the following new items:

''129A. Fiduciary duty of servicers of pooled residential mortgages.
''129B. Protections for consumers.''.
Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan.

Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated.

Requires a payday lender to file a surety bond.

Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period.

Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan.