Lieberman on GAO Cell Phone Safety Report

WASHINGTON – Senator Joe Lieberman, D-Conn., and Representative Ed Markey, D-Mass., Tuesday called on the federal government to ensure that consumers are provided with readily accessible, easy to understand and up-to-date information on the possible health risks posed by cell phone use.

In making the recommendation, the two legislators released a General Accounting Office report on cell phone safety requested in October 1999. The report concludes there is a consensus that research to date shows no adverse health effects. However, the GAO reports, “there is not enough information at this point to conclude that the phones pose no risk… The government?s role in providing the public with clear information on this issue is particularly important.”

Approximately 110 million Americans use wireless telephones today, compared to 16 million in 1994. By 2005, an estimated 1.2 billion people worldwide will use cell phones.

“Anytime health or safety concerns are raised about a widely-used product, consumers will naturally be on high alert and will want immediate answers,” Lieberman said. “Hopefully, over time, a greater body of scientific evidence will lead to a definitive conclusion and put everyone’s anxieties to rest. In the meantime, our first responsibility is to educate consumers so that they can make fully informed decisions about their personal use of mobile phones.”

“Consumer concerns about the potential long-term health effects of cell phone use need to be addressed clearly, honestly and without bias,” Markey said. “There are now 110 million cell phones in the United State alone, and that number is growing rapidly. While the studies continue, the public should be able to rely on its government to provide up-to-date information that is accurate and complete. We need to do more to merit that reliance.”

In letters to the Food and Drug Administration and the Federal Communications Commission, Lieberman and Markey are requesting the agencies improve out-of-date and difficult to understand information they currently provide and that they create an easily understandable web site that combines health information, explanations of radiation issues, and access to information about emissions from different model phones. The two are asking the FCC to expedite the establishment of standards for testing procedures to determine the radiation level of phones. And they are writing the National Institutes of Health and the FDA asking them to review, on an ongoing basis, whether the government should be supporting more research in this area.. Finally, Lieberman is calling upon cell phone manufacturers and retailers to make product information already contained in cell phone packages available to consumers in stores before they make a purchase.

Statement By Senator Lieberman

CELL PHONE SAFETY
Press Conference Statement
Senator Joe Lieberman
May 22, 2001

As Prepared For Delivery

Good morning. And thank you all for coming. As you know, Congressman Ed Markey and I had asked the General Accounting Office to update the status of research on the safety of the radio-frequency radiation emitted by cell phones, and to review pertinent actions taken by the appropriate regulatory agencies.

Today we are releasing the GAO response which finds the government must keep 110-million cell phone subscribers in this country better informed about health information. The report further concludes that testing procedures to determine radiation emissions from cell phones must be standardized in order to make them meaningful.

First let me address the question people are most interested in: are mobile phones safe? The GAO reports a consensus – reached by the Food and Drug Administration, the World Health Organization, and expert panels commissioned by the British and Canadian governments – that research to date finds no adverse health effects from radio-frequency emissions from mobile phones.

But the GAO reports there is insufficient data, at this point, to conclude cell phones pose no risk at all. There are two reasons for this: mobile phones have not been in widespread use for very long and the results of some studies require follow-up research. Quoting from the report, the GAO says, “given the long-term nature of much of the research being conducted… it will likely be many more years before a definitive conclusion can be reached on whether mobile phone emissions pose any risk to human health.”

Hopefully, over time, a greater body of scientific evidence will lead to a definitive conclusion and put everyone?s anxieties to rest. In the meantime, our first responsibility is to educate consumers so that they can make fully informed decisions about their personal use of mobile phones. People have options Some consumers may wish to take precautions, such as wearing a headset to keep the antenna away from the head, or avoiding lengthy and frequent conversations on mobile phones. Other consumers may decide the risk is negligible or even non-existent and will do nothing to change their behavior. But the government has no choice. We must do everything we can to disseminate, as broadly as possible, clear and current information, and to support and oversee the research until a definitive conclusion can be made.

Toward that end, Congressman Markey and I have written to the Food and Drug Administration and the Federal Communications Commission asking them to do a better job of keeping the public informed. Right now, the FDA has a consumer update on cell phone use which is out of date and difficult to understand. The FCC provides information on radio-frequency exposure but it?s difficult to locate and again, difficult to understand. So today, we are calling on both agencies to jointly develop a web site for consumers that combines health information, explanations of radiation issues, and access to information about emissions from different model phones – in plain English.

The cellular telephone industry also has a responsibility to consumers. In recent years, most phone manufacturers have participated in voluntary education efforts by including health and safety information inside the packaging of their phones. I call on all manufacturers to do this. I would also call on manufactures and on retailers to make sure that the same information is available to customers in stores before they make a purchase.

The GAO report describes problems with how cell phones are tested for radiation emissions, and the inescapable conclusion is that right now, those tests are so inaccurate as to render compliance difficult if not meaningless. Phones are tested for how much radio-frequency energy is absorbed by the body, to ensure they fall below the FCC standard. The entire system, however, rests upon self-testing by manufacturers. And there are no standards for how the phones should be tested. What I?ve learned from the report is that because slight differences in testing procedures can cause significant discrepancies in results, for all intents and purposes, it?s impossible to determine accurate exposure limits. The FCC is working to adopt standardized testing procedures, and we urge it to complete that process expeditiously.

Finally, as long as there are legitimate scientific and health concerns regarding the safety of cell phones, our government must play an active and ongoing role in monitoring and funding necessary scientific research. The GAO notes that research supported by our government – quote – “represents asmall portion of the research being done in the area worldwide.” End of quote.

We have just learned that an inter-agency project called the National Toxicology Program has decided to go ahead with a $10 million study involving long-term animal tests. I am pleased that the U.S. government is considering at least to some degree the question of how much research it should be doing. But the scientific establishment in this country must consider all of the ramifications of this issue. That?s why we are writing to the NIH and the FDA asking them to review, on an ongoing basis, whether the U.S. should be supporting more research in this area.

Anytime health or safety concerns are raised about a widely-used product, consumers will naturally be on high alert and will want immediate answers. In this climate, conflicting scientific studies and news reports only contribute to some people?s feelings of anxiety and confusion.

We are not here to offer any easy answers to the big questions, because there are none. Some may take comfort in GAO?s reporting that the research to date shows no adverse health effects from cell phones. Others may be concerned by GAO?s conclusion that this finding is not definitive. Until we know more, we must continue to pursue research, ensure effective regulation of cell phones, and, most importantly, inform the public as quickly and as clearly as possible about what we do know and what precautions are available, so that the public, itself, can make its own informed choices.

Thank you. Ed?

Letter to the National Institutes of Health

Dr. Ruth Kirschstein
Acting Director
National Institutes of Health
Building 1, Room 126
9000 Rockville Pike
Bethesda, MD 20892

Dear Dr. Kirschstein:

    We write to transmit the enclosed General Accounting Office (GAO) report on “Research and Regulatory Efforts on Mobile Phone Health Issues,” and to urge you to implement recommendations that we feel follow from the report?s conclusions.

    As you know, mobile phone use in the United States has increased exponentially over the last few years; indeed, the number of cellular subscribers has already grown from 16 million in 1994 to 110 million in 2001. As more Americans use wireless phones, wireless service is less and less perceived as an ancillary, discretionary service. In the years to come consumers will increasingly be relying on this technology for business, safety, and everyday personal use. Lingering concern about potential health risks associated with these devices has prompted the wireless industry, private researchers, and government agencies to seek greater information about the existence, nature and extent of any possible adverse health effects caused by radiofrequency radiation emitted by mobile phones.

    The GAO cites a consensus in the world scientific community that research to date does not show that radiofrequency emissions from mobile phones have adverse health effects, but that there is not yet enough information to conclude that the phones pose no risk. The GAO concludes that “[g]iven the long-term nature of much of the research being conducted ? particularly the epidemiological and animal studies ? it will likely be many more years before a definitive conclusion can be reached on whether mobile phone emissions pose any risk to human health.” A number of research priorities have been identified through an assessment conducted by the World Health Organization in collaboration with other international organizations, and the WHO is currently performing a new assessment of research needs. The GAO report notes that research supported by the U.S. government “represents a small portion of the research being done in the area worldwide.”

    We are writing to ask that the National Institutes of Health, in cooperation with the Food and Drug Administration, review whether the United States government should be supporting more research into the possible adverse health effects of radiofrequency radiation emitted by mobile phones. This review should take into account research needs that have been identified by the World Health Organization and not yet met. We further ask that formal procedures be established to ensure that this question be revisited from time to time, as new global assessments will be completed in the near future and as new studies published over the next years will likely provide more complete information on the possibility of adverse health effects. Finally, we are interested in learning whether there are reasons why the United States government sponsored research represents a small portion of the research being done worldwide.

    We look forward to hearing your views on the GAO report and the recommendations contained in this letter. Thank you in advance for your time and attention to this matter.

Sincerely,

Senator Joseph Lieberman                     
Ranking Member                                                 
Senate Committee On                                   
Governmental Affairs                                                                     

Representative Ed Markey
Ranking Member
House Subcommittee on Telecommunications
and the Internet

cc: Tommy G. Thompson, Secretary of Health and Human Services

Letter to the Food and Drug Administration

Bernard A. Schwetz, D.V.M., Ph.D.,
Acting Principal Deputy Commissioner
Food and Drug Administration
5600 Fishers Lane
Rockville, MD 20857

Dear Dr. Schwetz:

We write to transmit the enclosed General Accounting Office (GAO) report on “Research and Regulatory Efforts on Mobile Phone Health Issues,” and to urge you to implement the recommendations it contains, as well as additional recommendations that we feel follow from the report?s conclusions.

As you know, mobile phone use in the United States has increased exponentially over the last few years; indeed, the number of cellular subscribers has already grown from 16 million in 1994 to 110 million in 2001. As more Americans use wireless phones, wireless service is less and less perceived as an ancillary, discretionary service. In the years to come consumers will increasingly be relying on this technology for business, safety, and everyday personal use. Lingering concern about potential health risks associated with these devices has prompted the wireless industry, private researchers, and government agencies to seek greater information about the existence, nature and extent of any possible adverse health effects caused by radiofrequency radiation emitted by mobile phones.

The GAO cites a consensus in the world scientific community that research to date does not show that radiofrequency emissions from mobile phones have adverse health effects, but that there is not yet enough information to conclude that the phones pose no risk. The GAO report concludes that “[g]iven the long-term nature of much of the research being conducted ? particularly the epidemiological and animal studies ? it will likely be many more years before a definitive conclusion can be reached on whether mobile phone emissions pose any risk to human health.” Until more scientific investigation has been done, it is imperative that the American public be provided with clear and up to date information describing what is known about the safety of their cellular phones. The GAO found that the Food and Drug Administration should be doing a better job providing information about the issue. For example, the FDA?s “Consumer Update on Mobile Phones,” which is voluntarily placed in the packaging of most phones sold in the U.S., was found by the GAO to have been “written in a technical manner that may be confusing to the general public.”

The GAO report contains a number of recommendations for Federal government agencies, including suggested action for the FDA. We urge you to implement these sensible steps expeditiously. In particular, the GAO report included the following proposals for the FDA:

                 publicly report on the extent to which the Cellular Telecommunications & Internet Association (CTIA) is following FDA?s recommendations in choosing and funding specific research proposals conducted under the cooperative research and development agreement between FDA and CTIA, and

                develop a new consumer update document that provides a current overview of the status of health issues and research related to mobile phones, written with a broad consumer audience in mind, and revised as significant research and policy events occur.

In addition, we recommend that the FDA assist the NIH in reviewing whether the United States government should be supporting more research into the possible adverse health effects of radiofrequency radiation emitted by mobile phones. Finally, we recommend that the FDA work with the FCC to develop a single integrated website, for consumers to be provided with both up to date information about health issues and research related to mobile phones, and easily accessible information about the SAR (Specific Absorption Rate) levels of different models of phones and the meaning of SAR data. The website could be complemented by a call center or other sources of information for those lacking access to the Internet.

We look forward to hearing your views on the GAO report and the various recommendations referenced in the report and in this letter. Thank you in advance for your time and attention to this matter.

Sincerely,

Senator Joseph Lieberman                     
Ranking Member                                                 
Senate Committee On                                   
Governmental Affairs                                                                     

Representative Ed Markey
Ranking Member
House Subcommittee on Telecommunications
and the Internet

cc: Tommy G. Thompson, Secretary of Health and Human Services

Letter to the Federal Communications Commission

The Honorable Michael Powell
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554

Dear Chairman Powell:

We write to transmit the enclosed General Accounting Office (GAO) report on “Research and Regulatory Efforts on Mobile Phone Health Issues,” and to urge you to implement the recommendations it contains, as well as additional recommendations that we feel follow from the report?s conclusions.

As you know, mobile phone use in the United States has increased exponentially over the last few years; indeed, the number of cellular subscribers has already grown from 16 million in 1994 to 110 million in 2001. As more Americans use wireless phones, wireless service is less and less perceived as an ancillary, discretionary service. In the years to come consumers will increasingly be relying on this technology for business, safety, and everyday personal use. Lingering concern about potential health risks associated with these devices has prompted the wireless industry, private researchers, and government agencies to seek greater information about the existence, nature and extent of any possible adverse health effects caused by radiofrequency radiation emitted by mobile phones.

The GAO cites a consensus in the world scientific community that research to date does not show that radiofrequency emissions from mobile phones have adverse health effects, but that there is not yet enough information to conclude that the phones pose no risk. The GAO report concludes that “[g]iven the long-term nature of much of the research being conducted ? particularly the epidemiological and animal studies ? it will likely be many more years before a definitive conclusion can be reached on whether mobile phone emissions pose any risk to human health.” Until more scientific investigation has been done, it is imperative that the American public be provided with clear and up to date information describing what is known about the safety of their cellular phones. The GAO found that the Commission should be doing a better job providing information about the issue, and that the Commission should make it easier for consumers to learn about radiofrequency radiation and how much radiation is emitted by different models of mobile phones.

The GAO also demonstrated the extent to which SAR (Specific Absorption Rate) tests, which measure the radiofrequency emissions of mobile phones, can produce widely varying results based on differences in testing procedures. This finding is disturbing, given that manufacturers of cellular phones test their own products, or pay private labs to perform the tests. The Commission must do everything it can to ensure that discrepancies in testing procedures do not lead to inconsistent or inaccurate reporting of SAR levels by phone manufacturers.

The GAO report contains a number of recommendations for Federal government agencies, including suggested action for the Commission. We urge you to implement these sensible steps expeditiously. In particular, the GAO report included the following proposals for the Commission:

                upgrade the Commission?s consumer information program to avail consumers of access to clear, consistent and easily understood information about mobile phone radiofrequency exposure issues,

                develop a plan to secure additional personnel skilled in radiofrequency exposure and testing issues,

                standardize SAR testing procedures to reduce variation in test results, and,

                consult with the Food and Drug Administration (FDA) with respect to FDA?s methods for incorporating measurement uncertainty in determining compliance with radiofrequency limits.

In addition, we recommend that the Commission work with the FDA to develop a single integrated website, for consumers to be provided with both up to date information about health issues and research related to mobile phones, and more easily accessible information about the SAR levels of different models of phones and the meaning of SAR data. The website could be complemented by a call center or other sources of information for those lacking access to the Internet.

We look forward to hearing your views on the GAO report and the various recommendations referenced in the report and in this letter. Thank you in advance for your time and attention to this matter.

Sincerely,

Senator Joseph Lieberman                     
Ranking Member                                                 
Senate Committee On                                   
Governmental Affairs                                                                     

Representative Ed Markey
Ranking Member
House Subcommittee on Telecommunications
and the Internet

cc: Tommy G. Thompson, Secretary of Health and Human Services

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