[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4300-S4301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2100. Mr. MARKEY (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. __. AM RADIO FOR EVERY VEHICLE.
(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) 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.
(b) AM Broadcast Stations Rule.--
(1) 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--
(A) requiring devices that can receive signals and play
content transmitted by AM broadcast stations be installed as
standard equipment in passenger motor vehicles--
(i) manufactured in the United States, imported into the
United States, or shipped in interstate commerce; and
(ii) manufactured after the effective date of the rule;
(B) requiring access to AM broadcast stations in a manner
that is easily accessible to a driver after the effective
date of the rule; and
(C) 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.
(2) Compliance.--
(A) In general.--Except as provided in subparagraph (B), in
issuing the rule required under paragraph (1), 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.
(B) Certain manufacturers.--In issuing the rule required
under paragraph (1), 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.
(3) 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
paragraph (1) that do not include devices that can receive
signals and play content transmitted by AM broadcast
stations, the manufacturer of the passenger motor vehicles--
(A) 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
(B) 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 paragraph.
(4) Relationship to other laws.--When the rule issued under
paragraph (1) 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.
(5) Enforcement.--
(A) Civil penalty.--Any person failing to comply with the
rule issued under paragraph (1) 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.
(B) 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 paragraph (1)
in accordance with section 30163 of title 49, United States
Code.
(6) GAO study.--
(A) In general.--The Comptroller General shall conduct a
comprehensive study on disseminating emergency alerts and
warnings to the public.
(B) Requirements.--The study required under subparagraph
(A) shall include--
(i) 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; and
(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
(ii) a description of any ongoing efforts to integrate new
and emerging technologies and communication platforms into
the IPAWS framework.
(C) Consultation required.--In conducting the study
required under subparagraph (A), the Comptroller General
shall consult with--
(i) the Secretary of Homeland Security;
(ii) the Federal Communications Commission;
(iii) the National Telecommunications and Information
Administration;
(iv) the Secretary;
(v) Federal, State, Tribal, territorial, and local
emergency management officials;
(vi) first responders;
(vii) technology experts in resilience and accessibility;
(viii) radio broadcasters;
(ix) manufacturers of passenger motor vehicles; and
(x) other relevant stakeholders, as determined by the
Comptroller General.
(7) Briefing and 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 (6)(A), including
[[Page S4301]]
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 appropriate committees of Congress a report describing
the results of the study required under paragraph (6)(A),
including recommendations for legislation and administrative
action as the Comptroller General determines appropriate.
(8) Review.--Not less frequently than once every 5 years
after the date on which the Secretary issued the rule
required by paragraph (1), 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--
(A) the impacts of the rule issued under that paragraph,
including the impacts on public safety; and
(B) changes to IPAWS communication technologies that enable
resilient and accessible alerts to drivers and passengers of
passenger motor vehicles.
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