Can the President “fix this with a pen”?

Yes—but only along specific, lawful lanes. He cannot by executive order (EO) take the FCC’s statutory powers for himself or hand them to HHS/EPA; Congress gave those powers to the FCC. But the President can immediately unleash HHS’s existing authority under Public Law 90‑602 and force the issue scientifically and operationally, while using his executive powers over NTIA and federal procurement to change the national posture right now.

What an Executive Order CAN do today

A. Activate HHS’s mandatory program—research + standards.
Under 21 U.S.C. § 360ii, the HHS Secretary “shall establish and carry out” a continuing electronic product radiation control program and “shall plan, conduct, coordinate, and support research” and publish the findings. Under § 360kk, the Secretary “shall by regulation prescribe performance standards” for electronic products (which includes non‑ionizing RF sources) when necessary to protect public health and safety. An EO can direct HHS to execute these duties on a fixed timetable. U.S. Code+1

B. Order an immediate HHS rulemaking for consumer RF products.
The EO can require FDA/CDRH to propose performance standards (after TEPRSSC consultation) that: (1) make 0‑mm contact testing the default; (2) force proximity sensors/power‑down in body‑contact modes; (3) require pediatric warnings and real‑world use test positions; and (4) address pulsed/modulated signals and whole‑body exposure. This stays inside HHS’s lane and does not rewrite the Communications Act. Legal Information Institute

C. Command a restart and expansion of the NTP RF program.
The EO can instruct HHS to relaunch NTP’s RFR program with modern waveforms, prenatal windows, and non‑thermal endpoints—closing the research vacuum that Public Law 90‑602 was written to prevent. (NTP’s RF work was effectively shut down, per public reports and agency pages.) FAS Project on Government Secrecy

D. Direct the Executive Branch’s spectrum arm (NTIA).
Unlike the FCC, NTIA is an Executive agency under Commerce. The President can order NTIA to: (1) petition the FCC to update exposure limits and move the 2021 remand; (2) withhold or slow Executive‑branch coordination on releasing federal spectrum for new auctions; and (3) reprioritize the National Spectrum Strategy pipeline to reflect child‑protective health risk management. This lawfully delays many auctions that depend on federal spectrum reallocation, while keeping the FCC’s statutory role intact. Legal Information Institute+1

E. Use the federal procurement lever to change the market.
Under the Federal Property and Administrative Services Act (FPASA, 40 U.S.C. § 121), the President can set government‑wide purchasing standards (e.g., no procurement of devices lacking proximity controls/clear labeling/real‑world testing; LiFi‑first for federal interiors with vulnerable populations). Courts have long permitted such EOs if they bear a “close nexus” to economy/efficiency. This instantly shifts federal demand and industry design. U.S. Code+1

F. Leverage the new “independent‑agency oversight” EO—carefully.
In February 2025, the White House issued “Ensuring Accountability for All Agencies,” seeking greater presidential supervision of independent regulators. Use it to press the FCC to coordinate with HHS and take up the remand—but understand litigation is ongoing, so this is pressure, not a transfer of power. The White House

2) What an Executive Order CANNOT do

Cannot reassign the FCC’s statutory powers (spectrum, equipment authorization, exposure rules) to HHS/EPA by decree. Congress put those powers in the Communications Act; the EO cannot rewrite statutes. Youngstown (the Steel Seizure case) is the classic limit: where Congress has spoken, the President can’t countermand by EO. Legal Information Institute+1
Cannot outright “halt all auctions” of non‑federal bands the FCC already controls. Section 309(j) authorizes FCC auctions; stopping them requires an FCC vote or Congressional action. (The President can slow auctions that depend on federal spectrum by directing NTIA and Executive agencies.) Legal Information Institute+1
Cannot neutralize Section 704 preemption (47 U.S.C. § 332(c)(7)(B)(iv)) that bars localities from regulating towers based on RF “environmental effects” if facilities meet FCC limits. Altering that preemption requires Congress. GovInfo

3) Why the science now justifies immediate HHS action

WHO‑commissioned animal‑cancer review (Mevissen 2025): High‑certainty evidence that RF‑EMF causes gliomas and heart schwannomas in rats—strong hazard signal that aligns with earlier NTP findings. PubMed
WHO‑commissioned male‑fertility review (Cordelli 2024) + 2025 corrigendum: The corrigendum revises the pooled estimate to OR = 1.68 for failed pregnancies when exposed males mate with unexposed females and changes the key sentence to “indicate a detrimental effect” (dropping possible). The PubMed record confirms the corrigendum; library records show the revised figure with OR 1.68 (95% CI 1.06–2.65). (The corrigendum itself doesn’t restate GRADE in the abstract; the signal is nonetheless stronger.) PubMed+1
Human pregnancy data trending adverse: A 2025 Yazd cohort (n = 1,666) links longer cell‑phone call duration with higher miscarriage risk and abnormal birth weight/length, after adjustment. Human exposure assessment is imperfect, but the direction is consistent with the animal signal—exactly the gap HHS must fill with modern research. BioMed Central

Bottom line: The law already commands HHS to run this program; the science now demands it.

4) A realistic “single‑pen” plan that works within the law

By Executive Order (immediate)

HHS ACTIONS (binding under PL 90‑602):
- Within 30 days: publish an RF Research & Standards Roadmap under 21 U.S.C. § 360ii, keyed to the 2021 D.C. Circuit remand topics (children, non‑thermal endpoints, pulsing/modulation, long‑term, whole‑body).
- Within 60 days: convene TEPRSSC and propose a § 360kk performance‑standards rule for consumer RF products (0‑mm, proximity controls, pediatric labeling, waveform‑aware tests).
- Within 90 days: restart NTP RF studies with preregistered protocols and blinded scoring. (The EO directs budget reprogramming and an urgent OMB passback request.) U.S. Code+2Legal Information Institute+2
NTIA ACTIONS (Executive‑branch spectrum):
- File a petition in the FCC’s remand docket recommending interim child‑protective margins and seeking a deadline for final FCC action.
- Pause Executive‑branch cooperation for releasing federal spectrum to auctions pending HHS’s health findings—lawful because NTIA manages federal assignments and must present Executive views to the FCC. Legal Information Institute
PROCUREMENT ACTIONS (FPASA):
- Direct GSA/DoD/VA/HHS to buy only devices/wireless systems that meet interim HHS performance criteria (distance‑aware, power‑limited in body‑contact modes, clear pediatric warnings).
- LiFi‑first in federal interiors serving children/pregnant patients; publish a FAR Class Deviation in 60 days. U.S. Code
INTERAGENCY SCIENCE MEMO:
- HHS files a formal Health Findings memo (citing the WHO reviews and NTP) into the FCC docket, giving the Commission the record the D.C. Circuit said it lacked. PubMed

What still needs others (but the EO helps)

FCC majority to finish the remand and update exposure rules (EO pushes; cannot compel). Legal Information Institute
Congress to: (i) reassign RF‑health leadership to HHS/EPA; (ii) amend § 332(c)(7)(B)(iv) (Section 704) so localities can protect kids; and (iii) codify a joint HHS‑EPA‑FCC framework. GovInfo

5) Why “strip the FCC” by EO would backfire (and waste time)

Courts have been crystal clear: Executive Orders cannot contradict statutes or seize congressionally assigned powers (Youngstown). The FCC’s auction/ licensing/exposure authorities are in the Communications Act (e.g., § 309(j)). Any EO that tried to commandeer those powers would invite an injunction and months of delay. Use the pen where it’s strongest: HHS duties, NTIA levers, and federal procurement. Library of Congress Tile+1

6) Ready‑to‑use EO skeleton (you can hand this to counsel)

Title: Protecting Children and Pregnant People from Radiofrequency Radiation and Modernizing Federal RF Health Protections

Sec. 1. Policy. It is the policy of the United States to protect public health—especially children and pregnant people—from electronic‑product radiation by executing the mandates of 21 U.S.C. §§ 360ii & 360kk, incorporating the latest WHO‑commissioned evidence on cancer and reproductive harms, and ensuring that spectrum policy reflects these protections. U.S. Code+2Legal Information Institute+2

Sec. 2. HHS Actions.
(a) Within 30 days, HHS shall publish an RF‑Health Roadmap under § 360ii.
(b) Within 60 days, FDA/CDRH shall submit to TEPRSSC a proposed performance‑standards rule under § 360kk for consumer RF‑emitting products addressing 0‑mm use, pulsation/modulation, child use, and whole‑body exposures.
(c) Within 90 days, HHS shall restart and expand NTP RFR research and publish protocols. U.S. Code+2Legal Information Institute+2

Sec. 3. NTIA Actions.
(a) NTIA shall petition the FCC to resolve the 2021 remand on a fixed timeline using HHS’s findings.
(b) NTIA shall withhold Executive‑branch spectrum coordination for new auctions of federal spectrum until HHS certifies that interim health protections are in place. Legal Information Institute

Sec. 4. Federal Procurement.
GSA, DoD, VA, and HHS shall, to the maximum extent permitted by law, procure only RF consumer devices and access points that meet HHS interim criteria (distance‑aware power management, pediatric labeling, real‑world testing). FAR‑level implementation shall follow within 60 days. U.S. Code

Sec. 5. Interagency Health Findings to FCC.
Within 60 days, HHS shall file consolidated Health Findings into the FCC docket, including WHO‑commissioned cancer and male‑fertility evidence and NTP findings, and recommend interim child‑protective margins. PubMed

Sec. 6. General Provisions.
Nothing in this order shall be construed to impair the authority granted by law to an independent regulatory agency or to alter the functions assigned by statute to the FCC, consistent with Public Law 90‑602’s non‑interference clause. Legal Information Institute

7) Why this is enough to move the needle fast

It forces HHS to do its job (by law: “shall”), creating the scientific record the courts demanded and the FCC needs. U.S. Code
It uses procurement and NTIA to change incentives now—without waiting for Congress or the FCC. U.S. Code+1
It centers the latest evidence (WHO animal‑cancer high certainty; male‑fertility detrimental effect with OR = 1.68; human pregnancy data trending adverse), which MAHA did not fully incorporate. BioMed Central+3PubMed+3PubMed+3

Citations (key legal & scientific authorities)

HHS mandate & standards power: 21 U.S.C. § 360ii (research; “shall”); § 360kk (performance standards). U.S. Code+1
Non‑interference clause (can’t supersede FCC by EO): Pub. L. 90‑602 § 4 note. Legal Information Institute
FCC auction authority: 47 U.S.C. § 309(j). Legal Information Institute
NTIA’s Executive‑branch spectrum role: 47 U.S.C. § 902. Legal Information Institute
Youngstown (limits of EO vs. statute). Library of Congress Tile
2025 WH EO on independent agencies (oversight lever). The White House
WHO animal‑cancer review (Mevissen 2025): high‑certainty glioma & heart schwannoma. PubMed
WHO male‑fertility corrigendum (2025): wording to “detrimental effect”; OR = 1.68 for failed pregnancies (exposed male × unexposed female). PubMed+1
Human pregnancy cohort (Yazd 2025): increased miscarriage risk and growth effects with higher call duration. BioMed Central
Section 704 preemption: 47 U.S.C. § 332(c)(7)(B)(iv). GovInfo

If you want, I’ll turn this into a two‑page briefing for HHS and the White House Counsel’s Office—including the EO text, a one‑page scientific findings insert (with the Mevissen and Cordelli points in bold), and a checklist for 60/90‑day deliverables.

Source