S. 1669 – Reading Mode

Calendar No. 208

118th CONGRESS

1st Session

S. 1669

IN THE SENATE OF THE UNITED STATES

May 17, 2023

Mr. Markey (for himself, Mr. Cruz, Ms. Baldwin, Mrs. Fischer, Mr. Luján, 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.

Short title

This Act may be cited as the AM Radio for Every Vehicle Act of 2023.

AM broadcast stations rulemaking

(a)

Definitions

In this section:

(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)

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.

(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

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).

(9)

Manufacturer

The term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code.

(10)

Motor vehicle

The term motor vehicle has the meaning given the term in section 30102(a) 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.

(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—

(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;

(2)

requiring dashboard access to AM broadcast stations in a manner that is conspicuous to a driver; 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 motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule.

(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.

(d)

Enforcement

(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.

(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.

(e)

Study

(1)

Study required

(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—

(i)

is as reliable and resilient as AM broadcast stations; and

(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.

(B)

Considerations

In carrying out the study required by subparagraph (A), the Comptroller General shall consider—

(i)

the cost to drivers and passengers to receive communications through an alternative communication system; and

(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.

(2)

Briefing; report

(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.

(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.

Short title

This Act may be cited as the AM Radio for Every Vehicle Act of 2023.

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

(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)

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.

September 12, 2023

Reported with an amendment