Section 1 Short title
This Act may be cited as the “Clarifying Legality and Enforcement Action Reasoning Act of 2016” or the “CLEAR Act of 2016”.
Clarifying Legality and Enforcement Action Reasoning Act of 2016
A BILL
To amend the Federal Trade Commission Act to require annual reports to Congress regarding the status of investigations of unfair or deceptive acts or practices, and of unfair methods of competition, in or affecting commerce.
Sec. 2 Annual reporting on the status of investigations
Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following new subsection:
“(o) Report on investigations
“(1) In general—The Commission shall, on an annual basis, submit a report to Congress on investigations with respect to unfair or deceptive acts or practices, and with respect to unfair methods of competition, in or affecting commerce (within the meaning of subsection (a)(1)), detailing—
“(A) the number of such investigations the Commission has commenced;
“(B) the number of such investigations the Commission has closed with no official agency action;
“(C) the disposition of such investigations, if such investigations have concluded and resulted in official agency action; and
“(D) for each such investigation that was closed with no official agency action, a description sufficient to indicate the legal analysis supporting the Commission’s decision not to continue such investigation, and the industry sectors of the entities subject to each such investigation.
“(2) Privacy protection—The description required under paragraph (1)(D) shall not include the identity of the person who is the subject of an investigation or any other information that identifies the person.”