[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3413 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3413
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 HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Gottheimer (for himself, Mr. Kean of New Jersey, Mr. Menendez, Mr.
Westerman, and Ms. Perez) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Transportation and Infrastructure, and Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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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