Paul G. Rogers earned the name “Mr. Health” because he wrote laws that compel the federal government to protect people—not suggest it, mandate it. His 1968 Radiation Control for Health and Safety Act (Public Law 90‑602) still does exactly that: it requires HHS to run a continuing program, to do the research, and to set and update performance standards for radiation‑emitting electronic products to protect public health. That is not optional. It’s the law. Congress.gov+2Legal Information Institute+2
The Rogers mandate: not a suggestion, a duty
PL 90‑602 (codified at 21 U.S.C. §§ 360hh–360pp) instructs the HHS Secretary to establish and carry out an electronic product radiation control program; plan, conduct, coordinate, and support research to minimize unnecessary exposure; and by regulation prescribe performance standards for electronic products, updating them “from time to time” as science advances. It also requires the Secretary to report results to Congress—first by January 1, 1970, and thereafter as necessary. Today, FDA/CDRH implements this through enforceable standards in 21 CFR Subchapter J (e.g., § 1030.10 for microwave ovens). This is a continuing federal health function, not a one‑off. Legal Information Institute+2Congress.gov+2
What the science now signals—clearly enough to act
Cancer signals in animals are real and consistent. The U.S. National Toxicology Program’s multi‑year, $30M studies found “clear evidence” of malignant heart schwannomas and some evidence for gliomas in male rats exposed to cell‑phone‑like RF. The Ramazzini Institute—at far‑field, base‑station‑like levels—reported increased heart schwannomas in male rats as well. And in 2025, a WHO‑commissioned systematic review of animal evidence concluded high‑certainty evidence for these tumor types—exactly the signal advocates have flagged for years. That’s enough alignment to erase any excuse for “do nothing.” DORIS+4National Institutes of Health (NIH)+4PubMed+4
Mechanisms: oxidative stress and DNA damage. Across many in‑vivo and in‑vitro studies, RF exposure is repeatedly linked with oxidative stress—a pathway that can lead to DNA damage. Recent systematic reviews and meta‑reviews catalog these effects and their biological plausibility. Mechanism isn’t an afterthought here; it’s a consilient reason to reduce exposures while standards catch up. PMC+1
Male fertility: signals we cannot ignore. Multiple reviews (including 2021–2024) associate RF exposure—with phones close to the body—with reduced sperm motility and vitality and increased DNA fragmentation in human sperm, alongside animal evidence of testicular impacts. High sperm DNA fragmentation (SDF) is itself associated with poorer fertility and higher miscarriage risk in assisted reproduction populations—so a prudent program treats RF‑linked oxidative stress and SDF as red flags, not rounding errors. (Different reviews quantify effects differently; the point is we already have actionable concern.) ScienceDirect+1
Bottom line for policy: Rogers designed a system that moves when the evidence moves. We’re there. The law expects HHS to fund the science, update standards, and report—on a continuing basis. Congress.gov
Where the system failed—and how to fix it now
The research pipeline stalled. In 2024, credible reporting documented that the National Toxicology Program shut down its RF program, even after the NTP’s own bioassays found clear evidence of heart schwannomas. Walking away from mechanisms and follow‑up is backwards under PL 90‑602, which obligates ongoing research and evaluation. Restart it. Microwave News+1
The FCC was told to do better. In 2021, the D.C. Circuit held that the FCC’s decision to retain its 1996 limits was “arbitrary and capricious” for failing to explain protection against non‑cancer harms and long‑term exposures. The court remanded—a win for petitioners including Environmental Health Trust and Children’s Health Defense (then chaired by Robert F. Kennedy Jr.). The ball is still in the regulators’ court; health agencies must step up with the science the court said was missing. Justia Law+1
Local communities are muzzled by Section 704. 47 U.S.C. § 332(c)(7)(B)(iv) preempts state and local siting decisions “on the basis of the environmental effects of RF emissions” so long as FCC limits are met. Courts have enforced that preemption. If Congress wants to restore local health guardrails, it must amend the statute. Until then, federal health leadership is the only realistic lever. Legal Information Institute+1
HHS has the gavel. Use it.
As of February 13, 2025, Robert F. Kennedy Jr. is the U.S. Secretary of Health and Human Services. That means he is the officer Congress put in charge of this program under PL 90‑602. Here is what an immediate, lawful Rogers‑style response looks like: American Hospital Association+1
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Restart and expand the RF research program (NIEHS/NTP, FDA/CDRH)
Launch a 5‑year portfolio on carcinogenicity, development and pregnancy outcomes, male fertility, neurobehavior, and real‑world pulsed/modulated signals—with preregistered protocols and annual public reports to Congress “from time to time” under § 360jj. This both honors the statute and answers the court’s critique. Congress.gov -
Update performance standards for radiation‑emitting products (FDA/CDRH)
Use § 360kk to modernize standards and labeling for devices and infrastructures that drive high RF duty cycles (disclosure of peak/average exposures; safer design defaults; fail‑safe interlocks; testing that reflects modern usage and proximity). Convene TEPRSSC and move rules through notice‑and‑comment. Legal Information Institute -
Coordinate with the FCC to cure the remand
Stand up a joint HHS–FCC evidence docket on non‑thermal effects, chronic exposures, and modulation—so the FCC can legally justify whatever it does next, and so public‑health evidence is primary. Justia Law -
Ask Congress to fix Section 704
Propose targeted amendments that allow health‑protective siting criteria when credible federal health agencies identify risks not yet reflected in FCC limits—while preserving national interference management. Legal Information Institute
A Clean Ether Act: cut indoor RF with photonics—now
Rogers cleaned up tailpipe emissions with the Clean Air Act. We can clean up the indoor spectrum environment the same way—not anti‑wireless, pro‑health—by shifting heavy indoor data off RF and onto light where practical.
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Make “photonics‑first” the default indoors. The IEEE 802.11bb Li‑Fi standard (ratified in 2023) enables multi‑gigabit, low‑latency light‑based networking that interoperates with Wi‑Fi. It’s shipping from multiple vendors (e.g., pureLiFi, Signify’s Trulifi) and already in classrooms and secure facilities. Federal buildings, schools, and hospitals should procure and deploy Li‑Fi as the first choice indoors, with Wi‑Fi as needed—reducing indoor RF duty cycles by design. IEEE Spectrum+2pureLiFi+2
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Require wired‑first options. In multi‑unit housing and schools, guarantee a right‑to‑wired connection and disclose RF duty‑cycle profiles, akin to vehicle emissions labels. CDRH’s existing records/reporting framework can be adapted to support truth‑in‑exposure. Federal Register
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Demonstrate automatic hand‑off. Smartphones and laptops can auto‑switch between Li‑Fi and Wi‑Fi, just as they do among Wi‑Fi bands. Pilot this across federal campuses to prove it scales. IEEE Spectrum
Why this matters—and why we must speak plainly
When a federal court says the RF limits rationale was arbitrary and capricious, when NTP and Ramazzini independently find the same tumor types in animals, when oxidative stress and sperm DNA fragmentation show up across studies, the responsible response is not to shrug—it’s to act, exactly as Rogers designed the system to act. Kids, parents, and families living next to high‑duty transmitters or carrying phones in pockets don’t need hedging; they need a government that does its job. PMC+3Justia Law+3National Institutes of Health (NIH)+3
Your story underscores the stakes. I can’t claim any single exposure caused a particular tragedy without a full investigation—but I can help make sure policy treats these risks with the seriousness they deserve. That’s what this plan does: it forces the research back on track, updates standards, opens a path for local voices, and cuts indoor RF exposure by design—now, not in another decade.
References (selected)
Statute & implementation
– Radiation Control for Health and Safety Act (1968); codified at 21 U.S.C. §§ 360hh–360pp (program § 360ii; studies/reports § 360jj; performance standards § 360kk). Congressional Statutes at Large; LII/USC. Legal Information Institute+3Congress.gov+3Legal Information Institute+3
– Microwave oven standard (21 CFR § 1030.10) and Subchapter J overview. eCFR+1
Paul G. Rogers
– Rogers, “The Clean Air Act of 1970,” EPA Journal (1990). EPA
– H.R. 10790 (90th Cong.): Rogers as House sponsor; legislative history. Congress.gov
Cancer evidence
– NTP: “Clear evidence” of heart schwannomas; “some evidence” for glioma (male rats). NIH/NIEHS summaries and NTP TR‑595. National Institutes of Health (NIH)+1
– Ramazzini Institute (Falcioni 2018): increased heart schwannomas in male rats at far‑field exposures. PubMed
– WHO‑commissioned 2025 animal review (Mevissen 2025); BfS “Spotlight” summary. ScienceDirect+1
Mechanisms & oxidative stress
– Schuermann & Mevissen (2021): Man‑made EMFs and oxidative stress—systematic review. PMC
– Henschenmacher et al. (2022/2025 stream): RF‑EMF and oxidative stress—systematic review framework used in WHO pipeline. ScienceDirect
Male fertility & SDF
– Kim et al. (2021), systematic review/meta‑analysis: RF‑EMW exposure linked with reduced motility/vitality and increased DNA fragmentation in human sperm. ScienceDirect
– Clinical context on SDF and reproductive outcomes (2024–2025 overviews). PMC
FCC & preemption
– Environmental Health Trust v. FCC (D.C. Cir. 2021): remand; standard “arbitrary and capricious.” FCC docket summary and opinion. Federal Communications Commission+1
– Section 704 text (47 U.S.C. § 332(c)(7)(B)(iv)) and Supreme Court treatment. Legal Information Institute+1
NTP program status
– Microwave News report: NTP quits RF (Feb 2, 2024; updated Aug 8, 2025). NIEHS/NTP public pages summarizing results. Microwave News+1
HHS leadership
– Robert F. Kennedy Jr. confirmed as HHS Secretary (Feb 13, 2025). HHS leadership page; AHA/C‑SPAN. HHS.gov+2American Hospital Association+2
Photonics / Li‑Fi
– IEEE 802.11bb Li‑Fi standard and explainers (IEEE Spectrum; Buildings). IEEE Spectrum+1
– Vendor deployments and product notes (pureLiFi, Signify/Trulifi). pureLiFi+1
