[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1669 Introduced in Senate (IS)]

<DOC>






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, and Mr. Wicker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. 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.
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