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 Com-
mittee on Energy and Commerce 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘9/11 Can You Hear 
Me Now Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) After two terrorist attacks it is time to fix 
the communications system for the New York City 
Fire Department. 
(2) During its response to the 1993 bombing of 
the World Trade Center in New York City, the New 
York City Fire Department’s radios did not work in 
the twin towers of the World Trade Center. The re-
sulting lack of communication complicated oper-
ations but did not result in the death of any fire-
fighter. 
(3) Eight years later, on September 11, 2001, 
the World Trade Center was attacked again and the 
fire department’s radio system failed again. 
(4) Soon before the collapse of Tower One of 
the World Trade Center, fire department officials 
tried in vain to radio firefighters to evacuate the 
building. 
(5) The firefighters’ radio system failed the 
firefighters in Tower One and as a result many were 
not able to receive this warning. The failure of the 
radio system was largely responsible for the death of 
many of the 343 firefighters who died in the collapse 
of the World Trade Center twin towers. 
(6) Since September 11, 2001, the fire depart-
ment has taken steps to improve the communica-
tions system that failed them. However, many tall 
buildings in New York City have not installed re-
peaters that are needed to boost signals, and the sig-
nals are often lost in high-rise buildings and under-
ground. 
(7) In August 2003, New York City experienced 
a blackout. During the blackout the fire depart-
ment’s radio system was again found not to work re-
liably during emergency situations or in high build-
ings. 
(8) The dispatch system currently used by the 
New York City Fire Department was acquired in the 
early 1970s and hampers the ability of the depart-
ment to fully communicate with its firefighters and 
provide appropriate detailed information about the 
buildings and locations to which they respond. 
(9) Since the terrorist attacks of September 11, 
2001, executive branch officials have repeatedly 
warned that future terror attacks are not a matter 
of if, but when. The Secretary of Homeland Security 
has identified New York City as one of the main ter-
rorist targets. 
(10) With New York City remaining a top ter-
rorist target, such communications system should be 
a national priority.
(11) A new state-of-the-art communications 
system and upgrades to the critical information dis-
patch system for the New York City Fire Depart-
ment should be— 
(A) seamless from the receipt of a 911 call 
to the dispatch of the firefighter; and 
(B) interoperable with other public safety 
offices within the City of New York. 
SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS 
SYSTEM FOR NEW YORK CITY FIRE DEPART-
MENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall, by not later than 1 year after the date of the 
enactment of this Act, procure development and provision 
of a communications system for the New York City Fire 
Department, including appropriate radios for the entire 
department and upgrades to the critical information dis-
patch system of the department. 
(b) REQUIREMENTS.— 
(1) RADIOS.—Radios procured pursuant to this 
section must be capable of operating in all locations, 
and under all conditions, in which firefighters can 
reasonably be expected to work in responding to an 
emergency in New York City.
(2) 
SUPPLEMENTAL
COMMUNICATION
DE-
VICE.—Any communications system procured pursu-
ant to this section must include provision to each 
firefighter of a supplemental radio communication 
device that— 
(A) allows the firefighter to transmit audio 
and radio emergency notification warning sig-
nals to other firefighters whenever the fire-
fighter is in distress and in immediate need of 
assistance; and 
(B) has the capability to operate automati-
cally in a passive mode by transmitting audio 
and radio messages that will relay the fire-
fighter’s identification and location if the fire-
fighter— 
(i) becomes incapacitated and motion-
less; and 
(ii) is unable to physically transmit a 
call for help. 
(3) DISPATCH SYSTEM.—Upgrades to the crit-
ical information dispatch system procured pursuant 
to this section must— 
(A) allow the fire department to commu-
nicate with firefighters in all locations, and 
under all conditions, in which firefighters can
reasonably be expected to work in responding to 
an emergency in New York City; 
(B) provide useful, detailed data con-
cerning all likely terrorist target locations in the 
City of New York; and 
(C) be capable of providing to responding 
firefighters, instantaneously, details about par-
ticular buildings and other locations to assist 
them in making decisions about how to mitigate 
a terrorist attack and save lives and property. 
(c) TESTING.—Radios, any dispatch system up-
grades, and supplemental communication devices procured 
pursuant to this section must have been tested to ensure 
they will operate in all locations and under all conditions 
in which firefighters can reasonably be expected to work 
in responding to an emergency in New York City. 
(d) COORDINATION.—In carrying out this section the 
Secretary shall coordinate with the City of New York to 
ensure that the communications system procured under 
this section is— 
(1) compatible with the plans of the City of 
New York to upgrade its 911 system; and 
(2) interoperable with other public safety com-
munications systems.
(e) PROGRESS REPORT.—The Secretary shall submit 
to the Congress a report on progress made in carrying 
out this section, on— 
(1) February 26, 2005; and 
(2) September 11, 2005. 
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