[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