In 1968, Congress passed Public Law 90-602, the Radiation Control for Health and Safety Act, which remains in effect today under Title 21 of the U.S. Code. Its purpose is straightforward: to ensure that electronic products emitting radiation are continuously evaluated and regulated for public safety. The law was never meant to be a one-time effort; it explicitly requires ongoing research, standards, and enforcement.
Yet, the United States today stands in violation of this very law. The National Toxicology Program’s research into wireless radiation was halted, despite finding “clear evidence” of carcinogenic effects. That decision left Americans exposed to risks the law was designed to prevent. So, who exactly is responsible for upholding Public Law 90-602, and who bears accountability for failing to enforce it?
The Secretary of Health and Human Services: The Legal Authority
The statute is unambiguous. Section 360ii of the law states:
“The Secretary shall establish and carry out an electronic product radiation control program …”
And Section 360kk continues:
“The Secretary shall by regulation prescribe performance standards for electronic products …”
In this context, Congress defined “Secretary” to mean the Secretary of Health and Human Services (HHS). This is the cabinet-level official legally bound to ensure that radiation safety standards are set, maintained, and updated in light of new evidence.
Thus, when wireless health research is paused, it is not a minor bureaucratic matter. It represents a direct failure of the Secretary of HHS to execute statutory duty under Public Law 90-602.
FDA’s Delegated Role
While the law puts ultimate responsibility on the Secretary, its day-to-day enforcement has been delegated to the FDA, specifically the Center for Devices and Radiological Health (CDRH). FDA itself affirms that “the Commissioner of Food and Drugs is charged with the administration of the Radiation Control for Health and Safety Act of 1968.”
Through this delegation, FDA runs the Electronic Product Radiation Control (EPRC) Program and issues regulations found in 21 CFR Parts 1000–1050. That means FDA has the operational mandate to regulate radiation-emitting devices—including wireless technologies—under the authority of HHS.
Where the Violation Lies
When the National Toxicology Program’s wireless research was terminated, despite statutory obligations to maintain ongoing safety evaluation, the following entities failed in their duties:
-
The Secretary of Health and Human Services – for not ensuring that the continuous research required under Public Law 90-602 was maintained.
-
The FDA (CDRH, by delegation) – for not demanding that such research proceed as the basis for safety standards.
In other words, halting research did not merely represent a policy choice—it constituted a violation of federal law.
Why This Matters
Public Law 90-602 was designed with foresight: Congress knew technology would evolve, and that continuous oversight was necessary to protect public health. Fifty-seven years later, that mandate has been ignored, leaving millions of Americans exposed to wireless technologies that have not been adequately tested under modern scientific standards.
Restarting the NTP’s wireless radiation research is not optional—it is a legal obligation. The Secretary of HHS and the FDA cannot lawfully ignore the mounting scientific evidence of harm. Until research resumes and updated standards are enforced, the United States remains out of compliance with its own law.
Conclusion
By law, the Secretary of HHS is ultimately responsible, and the FDA is the delegated enforcer. Both are accountable for the suspension of wireless radiation research and the resulting violation of Public Law 90-602.
It is time to demand accountability. Restarting the NTP research is not simply good science—it is the restoration of lawful governance under a statute that has protected Americans for over half a century.