House Commerce on Track to Advance AM Radio Vehicle Mandate Bill Wednesday

The House Commerce Committee is back on track to advance the AM Radio for Every Vehicle Act (HR-8449) as part of a markup session Wednesday, as expected (see 2409100070), but the measure’s Senate backers still face headwinds. The panel said Monday night it will mark up HR-8449, which would mandate that automakers include AM radio technology in future electric vehicles, along with 15 other bills. The meeting will begin at 10 a.m. in 2123 Rayburn.

Also on the agenda: the Telehealth Modernization Act (HR-7623), Children and Teens’ Online Privacy Protection Act (HR-7890) and Kids Online Safety Act (HR-7891). House Commerce chiefs decided against seeking another markup of the American Privacy Rights Act (HR-8818) after GOP leaders’ opposition to that measure led the panel to scuttle a planned late June vote on it, HR-7891 and HR-8449 (see 2406270059).

HR-8449 lead sponsor Innovation Subcommittee Chairman Gus Bilirakis, R-Fla., told us last week prospects are “looking good” for House Commerce to easily clear the bill Wednesday. “I have a lot of rural constituents that depend on AM radio” because of Florida’s vulnerability to hurricanes and other natural disasters, so “we’ve got to get it done,” Bilirakis said. House Commerce Chair Cathy McMorris Rodgers, R-Wash., also told us she’s optimistic HR-8449 will sail through the committee.

The measure's co-sponsor, House Commerce ranking member Frank Pallone, D-N.J., will again pursue a substitute amendment originally sought at the postponed June meeting clarifying that the proposed AM radio mandate would apply to “passenger motor vehicles” only. “I feel like we’re all set” with sponsors of S-1669, with the Senate companion to earlier HR-8449 version HR-3413 in support of Pallone’s proposed revisions, Bilirakis said. S-1669 lead sponsor Sen. Ed Markey, D-Mass., told us Tuesday he’s on board with Pallone’s “technical changes.”

Bilirakis was unsure whether HR-8449 critic Rep. Debbie Dingell, D-Mich., would again pursue an amendment she originally filed for the June markup. The measure would sunset the rule if the Department of Transportation or Government Accountability Office determines DOT is “no longer required to provide access [Integrated Public Alert and Warning System] communications.” The amendment also proposed sunsetting the rule if a required DOT review finds “incompatibility” between AM receivers “and advancement of future safety technology in motor vehicles, including on-vehicle sensors” and power systems. Dingell’s office didn’t comment.

Senate Troubles

Senate Commerce Committee ranking member Ted Cruz, R-Texas, co-sponsor of Senate companion bill S-1669, told us he’s “glad [House Commerce is] marking up [HR-8449] because we need to get this bill moved forward,” but the measure’s fate in the upper chamber is “entirely up to” Majority Leader Chuck Schumer, D-N.Y. Cruz unsuccessfully tried getting unanimous consent in December for S-1669 (see 2312060073). He has since said it will likely require a full Senate vote to move. Schumer “has been unable or unwilling to act to defend AM radio” by using floor time on S-1669, Cruz said: “We have more than 60 co-sponsors,” so it “would easily pass, but Schumer has single-handedly declined allowing a vote.” S-1669 as of Tuesday had 61 co-sponsors besides Markey and Cruz. Schumer's office didn't comment.

Sen. Rand Paul, R-Ky., told us he remains as opposed to S-1669 as he was when he objected to Cruz’s UC attempt in December. It remains “a terrible bill” despite the proposed changes, Paul said: “I'm not for government mandates. I'm not for the government picking winners and losers, and I'm definitely not for the government mandating what goes in your car and whether the car manufacturers can charge you for it.”

New York State Broadcasters Association President David Donovan told us he's “optimistic that Congress will move this legislation before the end of the year.” Broadcasters “are grateful for the overwhelming bipartisan support” for HR-8449 and S-1669, NAB said in a statement. “The majority endorsement of this critical legislation reaffirms lawmakers' recognition of the essential service AM radio provides to the American people, particularly in emergency situations.” Capitol Hill leaders could attach the measure to lame-duck legislation that Congress must move by the end of the year, broadcast officials told us.

“I’m still hopeful members of Congress will see [HR-8449] for what it is, an attempt to prop up a specific industry at the expense of another,” CTA Policy Affairs Manager India Herdman said in an interview. “For the vehicle manufacturers and the connectivity suppliers, it's not as simple as just adding a piece of hardware into a vehicle.” The House Transportation and Homeland Security committees must also clear the measure, she said.

Herdman claimed Markey is attempting at broadcasters' behest to avoid S-1669 or HR-8449 going through the Senate Homeland Security Committee by seeking an amendment to the FY 2025 National Defense Authorization Act (S-3195) that includes language from the measure without provisions related to public safety. Broadcasters want to avoid Senate Homeland Security from participating in advancing the bill because Paul is the panel’s ranking member and Sen. Gary Peters, D-Mich., another opponent, is chairman. “They removed the safety aspect, which they’ve been on a soapbox [about] as the main reason for this bill, in the name of political expediency,” Herdman said.