I 

108TH CONGRESS 

2D SESSION H. R. 4386 

To direct the Secretary of Homeland Security to procure the development 

and provision of improved and up-to-date communications equipment 

for the New York City Fire Department, including radios. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2004 

Mrs. MALONEY (for herself, Mr. SHAYS, Mr. RANGEL, Mr. NADLER, and Mr. 

MCNULTY) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To direct the Secretary of Homeland Security to procure 

the development and provision of improved and up-todate communications equipment for the New York City 

Fire Department, including radios. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘9/11 Can You Hear 

5 Me Now Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 
2 

•HR 4386 IH 

1 (1) After two terrorist attacks it is time to fix 

2 the communications system for the New York City 

3 Fire Department. 

4 (2) During its response to the 1993 bombing of 

5 the World Trade Center in New York City, the New 

6 York City Fire Department’s radios did not work in 

7 the twin towers of the World Trade Center. The re8 sulting lack of communication complicated oper9 ations but did not result in the death of any fire10 fighter. 

11 (3) Eight years later, on September 11, 2001, 

12 the World Trade Center was attacked again and the 

13 fire department’s radio system failed again. 

14 (4) Soon before the collapse of Tower One of 

15 the World Trade Center, fire department officials 

16 tried in vain to radio firefighters to evacuate the 

17 building. 

18 (5) The firefighters’ radio system failed the 

19 firefighters in Tower One and as a result many were 

20 not able to receive this warning. The failure of the 

21 radio system was largely responsible for the death of 

22 many of the 343 firefighters who died in the collapse 

23 of the World Trade Center twin towers. 

24 (6) Since September 11, 2001, the fire depart25 ment has taken steps to improve the communica-
3 

•HR 4386 IH 

1 tions system that failed them. However, many tall 

2 buildings in New York City have not installed re3 peaters that are needed to boost signals, and the sig4 nals are often lost in high-rise buildings and under5 ground. 

6 (7) In August 2003, New York City experienced 

7 a blackout. During the blackout the fire depart8 ment’s radio system was again found not to work re9 liably during emergency situations or in high build10 ings. 

11 (8) The dispatch system currently used by the 

12 New York City Fire Department was acquired in the 

13 early 1970s and hampers the ability of the depart14 ment to fully communicate with its firefighters and 

15 provide appropriate detailed information about the 

16 buildings and locations to which they respond. 

17 (9) Since the terrorist attacks of September 11, 

18 2001, executive branch officials have repeatedly 

19 warned that future terror attacks are not a matter 

20 of if, but when. The Secretary of Homeland Security 

21 has identified New York City as one of the main ter22 rorist targets. 

23 (10) With New York City remaining a top ter24 rorist target, such communications system should be 

25 a national priority. 
4 

•HR 4386 IH 

1 (11) A new state-of-the-art communications 

2 system and upgrades to the critical information dis3 patch system for the New York City Fire Depart4 ment should be— 

5 (A) seamless from the receipt of a 911 call 

6 to the dispatch of the firefighter; and 

7 (B) interoperable with other public safety 

8 offices within the City of New York. 

9 SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS 

10 SYSTEM FOR NEW YORK CITY FIRE DEPART11 MENT. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity shall, by not later than 1 year after the date of the 

14 enactment of this Act, procure development and provision 

15 of a communications system for the New York City Fire 

16 Department, including appropriate radios for the entire 

17 department and upgrades to the critical information dis18 patch system of the department. 

19 (b) REQUIREMENTS.— 

20 (1) RADIOS.—Radios procured pursuant to this 

21 section must be capable of operating in all locations, 

22 and under all conditions, in which firefighters can 

23 reasonably be expected to work in responding to an 

24 emergency in New York City. 
5 

•HR 4386 IH 

1 (2) SUPPLEMENTAL COMMUNICATION DE2 VICE.—Any communications system procured pursu3 ant to this section must include provision to each 

4 firefighter of a supplemental radio communication 

5 device that— 

6 (A) allows the firefighter to transmit audio 

7 and radio emergency notification warning sig8 nals to other firefighters whenever the fire9 fighter is in distress and in immediate need of 

10 assistance; and 

11 (B) has the capability to operate automati12 cally in a passive mode by transmitting audio 

13 and radio messages that will relay the fire14 fighter’s identification and location if the fire15 fighter— 

16 (i) becomes incapacitated and motion17 less; and 

18 (ii) is unable to physically transmit a 

19 call for help. 

20 (3) DISPATCH SYSTEM.—Upgrades to the crit21 ical information dispatch system procured pursuant 

22 to this section must— 

23 (A) allow the fire department to commu24 nicate with firefighters in all locations, and 

25 under all conditions, in which firefighters can 
6 

•HR 4386 IH 

1 reasonably be expected to work in responding to 

2 an emergency in New York City; 

3 (B) provide useful, detailed data con4 cerning all likely terrorist target locations in the 

5 City of New York; and 

6 (C) be capable of providing to responding 

7 firefighters, instantaneously, details about par8 ticular buildings and other locations to assist 

9 them in making decisions about how to mitigate 

10 a terrorist attack and save lives and property. 

11 (c) TESTING.—Radios, any dispatch system up12 grades, and supplemental communication devices procured 

13 pursuant to this section must have been tested to ensure 

14 they will operate in all locations and under all conditions 

15 in which firefighters can reasonably be expected to work 

16 in responding to an emergency in New York City. 

17 (d) COORDINATION.—In carrying out this section the 

18 Secretary shall coordinate with the City of New York to 

19 ensure that the communications system procured under 

20 this section is— 

21 (1) compatible with the plans of the City of 

22 New York to upgrade its 911 system; and 

23 (2) interoperable with other public safety com24 munications systems. 
7 

•HR 4386 IH 

1 (e) PROGRESS REPORT.—The Secretary shall submit 

2 to the Congress a report on progress made in carrying 

3 out this section, on— 

4 (1) February 26, 2005; and 

5 (2) September 11, 2005. 

Æ