[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1669 Reported in Senate (RS)]
<DOC>
Calendar No. 208
118th CONGRESS
1st Session
S. 1669
To require the Secretary of Transportation to issue a rule requiring
access to AM broadcast stations in motor vehicles, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Markey (for himself, Mr. Cruz, Ms. Baldwin, Mrs. Fischer, Mr.
Lujan, Mr. Vance, Mr. Menendez, Mr. Wicker, Mr. Brown, Mr. Cramer, Mr.
Blumenthal, Mrs. Capito, Ms. Klobuchar, Mr. Marshall, Mr. Sanders, Mr.
Scott of Florida, Mrs. Gillibrand, Mr. Budd, Ms. Smith, Mr. Rounds, Mr.
Ossoff, Mrs. Blackburn, Mr. Tester, Mr. Daines, Ms. Cantwell, Mr.
Manchin, Mr. Young, Mr. Sullivan, Mr. Murphy, Mr. Graham, Ms. Rosen,
Ms. Ernst, Ms. Cortez Masto, and Mr. Hawley) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
September 12, 2023
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue a rule requiring
access to AM broadcast stations in motor vehicles, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``AM Radio for Every Vehicle
Act of 2023''.</DELETED>
<DELETED>SEC. 2. AM BROADCAST STATIONS RULEMAKING.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Emergency Management
Agency.</DELETED>
<DELETED> (2) AM broadcast band.--The term ``AM broadcast
band'' means the band of frequencies between 535 kilohertz and
1705 kilohertz, inclusive.</DELETED>
<DELETED> (3) AM broadcast station.--The term ``AM broadcast
station'' means a broadcast station licensed for the
dissemination of radio communications--</DELETED>
<DELETED> (A) intended to be received by the public;
and</DELETED>
<DELETED> (B) operated on a channel in the AM
broadcast band.</DELETED>
<DELETED> (4) Authorized alert originator.--The term
``authorized alert originator'' means a Federal, State, local,
Tribal, or territorial government agency or official that is
legally authorized to initiate alert messages for transmission
to the public using the Integrated Public Alert and Warning
System.</DELETED>
<DELETED> (5) Comptroller general.--The term ``Comptroller
General'' means the Comptroller General of the United
States.</DELETED>
<DELETED> (6) Device.--The term ``device'' means a piece of
equipment or an apparatus that is designed--</DELETED>
<DELETED> (A) to receive signals transmitted by a
radio broadcast station (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153));
and</DELETED>
<DELETED> (B) to play back content or programming
derived from those signals.</DELETED>
<DELETED> (7) Digital audio am broadcast station.--
</DELETED>
<DELETED> (A) In general.--The term ``digital audio
AM broadcast station'' means an AM broadcast station
that--</DELETED>
<DELETED> (i) is licensed by the Federal
Communications Commission; and</DELETED>
<DELETED> (ii) uses an In-band On-channel
system (as defined in section 73.402 of title
47, Code of Federal Regulations (or a successor
regulation)) for broadcasting
purposes.</DELETED>
<DELETED> (B) Exclusion.--The term ``digital audio
AM broadcast station'' does not include an all-digital
AM station (as defined in section 73.402 of title 47,
Code of Federal Regulations (or a successor
regulation)).</DELETED>
<DELETED> (8) Integrated public alert and warning system.--
The term ``Integrated Public Alert and Warning System'' means
the public alert and warning system of the United States
described in section 526 of the Homeland Security Act of 2002
(6 U.S.C. 321o).</DELETED>
<DELETED> (9) Manufacturer.--The term ``manufacturer'' has
the meaning given the term in section 30102(a) of title 49,
United States Code.</DELETED>
<DELETED> (10) Motor vehicle.--The term ``motor vehicle''
has the meaning given the term in section 30102(a) of title 49,
United States Code.</DELETED>
<DELETED> (11) Receive.--The term ``receive'' means to
receive a broadcast signal via over-the-air
transmission.</DELETED>
<DELETED> (12) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED> (13) Signal.--The term ``signal'' means radio
frequency energy that a holder of a radio station license
granted or authorized by the Federal Communications Commission
pursuant to sections 301 and 307 of the Communications Act of
1934 (47 U.S.C. 301, 307) intentionally emits or causes to be
emitted at a specified frequency for the purpose of
transmitting content or programming to the public.</DELETED>
<DELETED> (14) Standard equipment.--The term ``standard
equipment'' means motor vehicle equipment (as defined in
section 30102(a) of title 49, United States Code) that--
</DELETED>
<DELETED> (A) is installed as a system, part, or
component of a motor vehicle as originally
manufactured; and</DELETED>
<DELETED> (B) the manufacturer of the motor vehicle
recommends or authorizes to be included in the motor
vehicle for no additional or separate monetary fee,
payment, or surcharge, beyond the base price of a motor
vehicle.</DELETED>
<DELETED> (b) Rulemaking Required.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in consultation with the
Administrator and the Federal Communications Commission, shall issue a
rule--</DELETED>
<DELETED> (1) requiring devices that can receive signals and
play content transmitted by AM broadcast stations be installed
as standard equipment in motor vehicles manufactured in the
United States, imported into the United States, or shipped in
interstate commerce after the effective date of the
rule;</DELETED>
<DELETED> (2) requiring dashboard access to AM broadcast
stations in a manner that is conspicuous to a driver;
and</DELETED>
<DELETED> (3) allowing a manufacturer to comply with that
rule by installing devices that can receive signals and play
content transmitted by digital audio AM broadcast stations as
standard equipment in motor vehicles manufactured in the United
States, imported into the United States, or shipped in
interstate commerce after the effective date of the
rule.</DELETED>
<DELETED> (c) Interim Requirement.--For motor vehicles manufactured
in the United States, imported into the United States, or shipped in
interstate commerce between the period of time beginning on the date of
enactment of this Act and ending on the effective date of the rule
issued under subsection (b) that do not include devices that can
receive signals and play content transmitted by AM broadcast stations,
the manufacturer of the motor vehicles shall provide clear and
conspicuous labeling to inform purchasers of those motor vehicles that
the motor vehicles do not include devices that can receive signals and
play content transmitted by AM broadcast stations.</DELETED>
<DELETED> (d) Enforcement.--</DELETED>
<DELETED> (1) Civil penalty.--Any person failing to comply
with the rule issued under subsection (b) shall be liable to
the United States Government for a civil penalty in accordance
with section 30165(a)(1) of title 49, United States
Code.</DELETED>
<DELETED> (2) Civil action.--The Attorney General may bring
a civil action in an appropriate district court of the United
States to enjoin a violation of the rule issued under
subsection (b) in accordance with section 30163 of title 49,
United States Code.</DELETED>
<DELETED> (e) Study.--</DELETED>
<DELETED> (1) Study required.--</DELETED>
<DELETED> (A) In general.--The Comptroller General
shall study and assess whether an alternative
communication system for delivering emergency alerts
and critical public safety information distributed by
the Integrated Public Alert and Warning System to
drivers and passengers of motor vehicles exists that--
</DELETED>
<DELETED> (i) is as reliable and resilient
as AM broadcast stations; and</DELETED>
<DELETED> (ii) is capable of ensuring the
President (or a designee) can reach at least 90
percent of the population of the United States
in a time of crisis, including at
night.</DELETED>
<DELETED> (B) Considerations.--In carrying out the
study required by subparagraph (A), the Comptroller
General shall consider--</DELETED>
<DELETED> (i) the cost to drivers and
passengers to receive communications through an
alternative communication system; and</DELETED>
<DELETED> (ii) in consultation with the
Federal Emergency Management Agency, the
Federal Communications Commission, and
authorized alert originators, the cost and time
required to develop and implement an
alternative resilient communication system that
fully replicates the capability to deliver
emergency alerts and critical public safety
information distributed by the Integrated
Public Alert and Warning System.</DELETED>
<DELETED> (2) Briefing; report.--</DELETED>
<DELETED> (A) Briefing.--Not later than 1 year after
the date of enactment of this Act, the Comptroller
General shall brief the appropriate committees of
Congress on the results of the study required by
paragraph (1)(A), including recommendations for
legislation and administrative action as the
Comptroller General determines appropriate.</DELETED>
<DELETED> (B) Report.--Not later than 180 days after
the date on which the Comptroller General provides the
briefing required under subparagraph (A), the
Comptroller General shall submit to the Committees on
Commerce, Science, and Transportation; and Homeland
Security and Governmental Affairs of the Senate; and
the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives a
report describing the results of the study required
under paragraph (1)(A), including recommendations for
legislation and administrative action as the
Comptroller General determines appropriate.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AM Radio for Every Vehicle Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) AM broadcast band.--The term ``AM broadcast band''
means the band of frequencies between 535 kilohertz and 1705
kilohertz, inclusive.
(3) AM broadcast station.--The term ``AM broadcast
station'' means a broadcast station licensed for the
dissemination of radio communications--
(A) intended to be received by the public; and
(B) operated on a channel in the AM broadcast band.
(4) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives;
(D) the Committee on Homeland Security of the House
of Representatives; and
(E) the Committee on Energy and Commerce of the
House of Representatives.
(5) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(6) Device.--The term ``device'' means a piece of equipment
or an apparatus that is designed--
(A) to receive signals transmitted by a radio
broadcast station (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)); and
(B) to play back content or programming derived
from those signals.
(7) Digital audio am broadcast station.--
(A) In general.--The term ``digital audio AM
broadcast station'' means an AM broadcast station
that--
(i) is licensed by the Federal
Communications Commission; and
(ii) uses an In-band On-channel system (as
defined in section 73.402 of title 47, Code of
Federal Regulations (or a successor
regulation)) for broadcasting purposes.
(B) Exclusion.--The term ``digital audio AM
broadcast station'' does not include an all-digital AM
station (as defined in section 73.402 of title 47, Code
of Federal Regulations (or a successor regulation)).
(8) Integrated public alert and warning system; ipaws.--The
terms ``Integrated Public Alert and Warning System'' and
``IPAWS'' mean the public alert and warning system of the
United States described in section 526 of the Homeland Security
Act of 2002 (6 U.S.C. 321o).
(9) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 30102(a) of title 49, United
States Code.
(10) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of
title 49, United States Code.
(11) Receive.--The term ``receive'' means to receive a
broadcast signal via over-the-air transmission.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(13) Signal.--The term ``signal'' means radio frequency
energy that a holder of a radio station license granted or
authorized by the Federal Communications Commission pursuant to
sections 301 and 307 of the Communications Act of 1934 (47
U.S.C. 301, 307) intentionally emits or causes to be emitted at
a specified frequency for the purpose of transmitting content
or programming to the public.
(14) Standard equipment.--The term ``standard equipment''
means motor vehicle equipment (as defined in section 30102(a)
of title 49, United States Code) that--
(A) is installed as a system, part, or component of
a motor vehicle as originally manufactured; and
(B) the manufacturer of the motor vehicle
recommends or authorizes to be included in the motor
vehicle for no additional or separate monetary fee,
payment, or surcharge, beyond the base price of a motor
vehicle.
SEC. 3. AM BROADCAST STATIONS RULE.
(a) Rule Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator and the Federal Communications Commission, shall issue a
rule--
(1) requiring devices that can receive signals and play
content transmitted by AM broadcast stations be installed as
standard equipment in passenger motor vehicles--
(A) manufactured in the United States, imported
into the United States, or shipped in interstate
commerce; and
(B) manufactured after the effective date of the
rule;
(2) requiring access to AM broadcast stations in a manner
that is easily accessible to a driver after the effective date
of the rule; and
(3) allowing a manufacturer to comply with that rule by
installing devices that can receive signals and play content
transmitted by digital audio AM broadcast stations as standard
equipment in passenger motor vehicles manufactured in the
United States, imported into the United States, or shipped in
interstate commerce after the effective date of the rule.
(b) Compliance.--
(1) In general.--Except as provided in paragraph (2), in
issuing the rule required under subsection (a), the Secretary
shall establish an effective date for the rule that is not less
than 2 years, but not more than 3 years, after the date on
which the rule is issued.
(2) Certain manufacturers.--In issuing the rule required
under subsection (a), the Secretary shall establish an
effective date for the rule that is at least 4 years after the
date on which the rule is issued with respect to manufacturers
that manufactured not more than 40,000 passenger motor vehicles
for sale in the United States in 2022.
(c) Interim Requirement.--For passenger motor vehicles manufactured
after the date of enactment of this Act and manufactured in the United
States, imported into the United States, or shipped in interstate
commerce between the period of time beginning on the date of enactment
of this Act and ending on the effective date of the rule issued under
subsection (a) that do not include devices that can receive signals and
play content transmitted by AM broadcast stations, the manufacturer of
the passenger motor vehicles--
(1) shall provide clear and conspicuous labeling to inform
purchasers of those passenger motor vehicles that the passenger
motor vehicles do not include devices that can receive signals
and play content transmitted by AM broadcast stations; and
(2) may not charge an additional or separate monetary fee,
payment, or surcharge, beyond the base price of the passenger
motor vehicles, for access to AM broadcast stations for the
period of time described in this subsection.
(d) Relationship to Other Laws.--When the rule issued under
subsection (a) is in effect, a State or a political subdivision of a
State may not prescribe or continue in effect a law, regulation, or
other requirement applicable to access to AM broadcast stations in
passenger motor vehicles.
(e) Enforcement.--
(1) Civil penalty.--Any person failing to comply with the
rule issued under subsection (a) shall be liable to the United
States Government for a civil penalty in accordance with
section 30165(a)(1) of title 49, United States Code.
(2) Civil action.--The Attorney General may bring a civil
action in an appropriate district court of the United States to
enjoin a violation of the rule issued under subsection (a) in
accordance with section 30163 of title 49, United States Code.
(f) GAO Study.--
(1) In general.--The Comptroller General shall conduct a
comprehensive study on disseminating emergency alerts and
warnings to the public.
(2) Requirements.--The study required under paragraph (1)
shall include--
(A) an assessment of--
(i) the role of passenger motor vehicles in
IPAWS communications, including by providing
access to AM broadcast stations;
(ii) the advantages, effectiveness,
limitations, resilience, and accessibility of
existing IPAWS communication technologies,
including AM broadcast stations in passenger
motor vehicles;
(iii) the advantages, effectiveness,
limitations, resilience, and accessibility of
AM broadcast stations relative to other IPAWS
communication technologies in passenger motor
vehicles;
(iv) whether other IPAWS communication
technologies are capable of ensuring the
President (or a designee) can reach at least 90
percent of the population of the United States
at a time of crisis, including at night; and
(B) a description of any ongoing efforts to
integrate new and emerging technologies and
communication platforms into the IPAWS framework.
(3) Consultation required.--In conducting the study
required under paragraph (1), the Comptroller General shall
consult with--
(A) the Secretary of Homeland Security;
(B) the Federal Communications Commission;
(C) the National Telecommunications and Information
Administration;
(D) the Secretary;
(E) Federal, State, Tribal, territorial, and local
emergency management officials;
(F) first responders;
(G) technology experts in resilience and
accessibility;
(H) radio broadcasters;
(I) manufacturers of passenger motor vehicles; and
(J) other relevant stakeholders, as determined by
the Comptroller General.
(g) Briefing and Report.--
(1) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall brief the
appropriate committees of Congress on the results of the study
required by subsection (f)(1), including recommendations for
legislation and administrative action as the Comptroller
General determines appropriate.
(2) Report.--Not later than 180 days after the date on
which the Comptroller General provides the briefing required
under paragraph (1), the Comptroller General shall submit to
the appropriate committees of Congress a report describing the
results of the study required under subsection (f)(1),
including recommendations for legislation and administrative
action as the Comptroller General determines appropriate.
(h) Review.--Not less frequently than once every 5 years after the
date on which the Secretary issued the rule required by subsection (a),
the Secretary, in coordination with the Administrator and the Federal
Communications Commission, shall submit to the appropriate committees
of Congress a report that shall include an assessment of--
(1) the impacts of the rule issued under that subsection,
including the impacts on public safety; and
(2) changes to IPAWS communication technologies that enable
resilient and accessible alerts to drivers and passengers of
passenger motor vehicles.
Calendar No. 208
118th CONGRESS
1st Session
S. 1669
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue a rule requiring
access to AM broadcast stations in motor vehicles, and for other
purposes.
_______________________________________________________________________
September 12, 2023
Reported with an amendment