Rep. Katie Porter

Oil and Gas Industry Antitrust Act This bill requires the Federal Trade Commission to investigate and report on whether the price of gasoline is being manipulated by reducing refinery capacity or by any other form of market manipulation. The report must include a long-term strategy for the commission and Congress to address manipulation of oil and gas markets during times of national or international crisis or emergency.

Generic Substitution Noninterference Act This bill prohibits drug manufacturers from helping or directing health care providers to limit prescriptions to brand-name drugs when generic versions are available. The Federal Trade Commission and states may enforce this bill through civil actions.

Territorial Relief Under Sustainable Transitions for Puerto Rico Act of 2022 or the TRUST for Puerto Rico Act of 2022 This bill modifies the conditions for the termination of the oversight board for Puerto Rico. Specifically, the oversight board must terminate not later than 90 days after certification by the board for at least two consecutive fiscal years that (1) the territorial government has developed its budgets in accordance with modified accrual accounting standards; and (2) the expenditures made by the territorial government during each fiscal year did not exceed its revenues, as determined in accordance with such standards and without regard to whether the applicable budget provides for the payment of debt service. The bill also sets forth provisions regarding the transition of oversight from an oversight board to a territorial government.

Disabled Jurors Nondiscrimination Act This bill prohibits the exclusion of individuals from jury service on the basis of their disability. Further, the bill prohibits the disqualification of individuals from jury service who fail to meet certain qualifications (e.g., adequate proficiency in English) on the basis of their disability.

Mental Health Justice and Parity Act of 2022 This bill creates a grant program for mental health first responder units. It also eliminates a provision that permits nonfederal government health insurance plans that are self-funded to opt out of requirements to provide parity between coverage of medical services and mental health services. Specifically, the Substance Abuse and Mental Health Services Administration (SAMHSA) must award grants to states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. SAMHSA must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

Prohibiting Anticompetitive Mergers Act of 2022 This bill prohibits certain business mergers, modifies the procedures for reviewing mergers, and establishes procedures for reversing certain mergers. Specifically, the bill prohibits mergers that (1) are valued at more than $5 billion in total assets, (2) result in the acquiring entity having a market share of greater than 33% (or a share of a labor market as an employer of greater than 25%), or (3) result in market concentration levels that exceed specified thresholds. The bill also expands the authority of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) to review pending mergers, including whether a merger is likely to harm the competitive process and the effect of a merger on relevant labor markets. Finally, the bill authorizes the FTC and the Antitrust Division of the DOJ to retroactively unwind mergers that are prohibited under the bill or that meet certain other anticompetitive criteria such as a merger that results in a greater than 50% share of a relevant market.

Open App Markets Act This bill establishes rules related to the operation of an app store by a covered company (i.e., the owner or controller of an app store with more than 50 million U.S. users). An app is a software application or electronic service that may be run or directed by a user on a computer or mobile device. An app store is a publicly available website, software application, or other electronic service that distributes apps from third-party developers to users. The bill prohibits a covered company from (1) requiring developers to use an in-app payment system owned or controlled by the company as a condition of distribution or accessibility, (2) requiring that pricing or conditions of sale be equal to or more favorable on its app store than another app store, or (3) taking punitive action against a developer for using or offering different pricing terms or conditions of sale through another in-app payment system or on another app store. A covered company may not interfere with legitimate business communications between developers and users, use non-public business information from a third-party app to compete with the app, or unreasonably prefer or rank its own apps (or those of its business partners) over other apps. The bill provides for enforcement of its provisions by the Federal Trade Commission and the Department of Justice, as well as through suits brought by developers that are injured by reason of anything prohibited by this bill.

Stopping Harmful Image Exploitation and Limiting Distribution Act of 2022 or the SHIELD Act of 2022 This bill establishes a new criminal offense related to the distribution of intimate visual depictions. Specifically, it makes it a crime to knowingly distribute (or intentionally threaten to distribute) an intimate visual depiction of an individual (1) with knowledge of or reckless disregard for the individual's lack of consent and reasonable expectation of privacy, and (2) without a reasonable belief that distributing the depiction touches a matter of public concern. A violator is subject to criminal penalties—a fine, a prison term of up to two years for each individual victim depicted, or both.

Latonya Reeves Freedom Act of 2022 This bill prohibits government entities and insurance providers from denying community-based services to individuals with disabilities that require long-term service or support that would enable such individuals to live in the community and lead an independent life. Specifically, these entities may not discriminate against such individuals in the provision of community-based services by such actions as imposing prohibited eligibility criteria, cost caps, or waiting lists or failing to provide a specific community-based service. Additionally, community-based services must be offered to individuals with such disabilities prior to institutionalization. Institutionalized individuals must be notified regularly of community-based alternatives. The bill requires the Department of Justice to issue regulations requiring government entities and insurance providers to offer community-based long-term services to individuals with such disabilities who would otherwise qualify for institutional placement. Government entities must ensure sufficient availability of affordable, accessible, and integrated housing that is not a disability-specific residential setting or a setting where services are tied to tenancy. Regulations shall also (1) require government entities and insurance providers to perform self-evaluation on current services, policies, and practices and concerning compliance with requirements of this bill; and (2) require government entities to submit a transition plan. The bill provides funds for FY2022 for the Department of Health and Human Services to provide technical assistance with respect to transition plans. The bill allows civil actions by individuals subjected to, or about to be subjected to, a violation of its requirements.

Maddy summaryHR 6864, the Ocean Shipping Antitrust Enforcement Act, repeals a specific antitrust exemption for ocean shipping companies under U.S. law. This bill directly affects ocean carriers that previously operated under Section 40307 of Title 46, U.S. Code, which exempted them from standard antitrust enforcement. The key provision removes this exemption, requiring shipping companies to comply with general antitrust laws rather than having a special exception. As a result, federal agencies could pursue antitrust enforcement actions against these companies for practices like price-fixing or market allocation that were previously shielded. The bill does not create new rules but changes the legal framework governing ocean shipping competition.