THE CRISIS: INFORMATIONAL COLLAPSE & TECHNOLOGICAL STAGNATION
For 140 years, the proliferation of non-native, pulsed radiofrequency (RF) and microwave radiation has degraded the global electromagnetic environment. Modern biophysics reveals that this chronic noise creates Bioelectric Dissonance—a hardware collision between cellular voltage sensors (S4 domains) and mitochondrial quantum switches (Cyb5b). This interference forces developing biology into a state of “low-fidelity” signaling, driving the epidemic of chronic pediatric disease. Simultaneously, America’s reliance on hackable, outdated microwave infrastructure threatens our national security and risks surrendering global technological supremacy to foreign adversaries.
THE SOLUTION: THE DUAL MANDATE The Clean Aether Act of 2026 establishes a comprehensive, commercially viable legislative roadmap to transition the United States out of the microwave age and into the light age. It operates on a Dual Mandate:
-
Biological Defense: Restore high-fidelity biological environments for our most vulnerable populations by transitioning sensitive public spaces to light-native frequencies.
-
Technological Supremacy: Secure American dominance in the multi-trillion-dollar global photonics and Light Fidelity (Li-Fi) industry.
KEY LEGISLATIVE PROVISIONS
-
Targeted Biological Protection (Sec. 6 & 9): Establishes a 1,500-foot prospective setback for newly sited macro wireless facilities near schools, hospitals, and residences. Creates a 5-year federal pilot program to fund the installation of secure, biologically aligned optical/fiber networks in public schools and federal buildings.
-
Consumer Device Interoperability (Sec. 10): Does not require new hardware inventions. Mandates that future consumer devices (smartphones, laptops) sold in the U.S. support baseline optical interoperability, specifically targeting the already-established global standard: IEEE 802.11bb-2023 (safe, infrared Li-Fi).
-
Military & Homeland Biodefense (Sec. 12): Authorizes the DOD and DHS to pilot “Qualified Dual-Use Optical Systems” (Far-UVC Li-Fi). This specialized infrastructure provides ultra-secure, unhackable military communications while simultaneously acting as a continuous germicidal barrier to neutralize airborne pathogens and bioweapons on naval vessels and in secure federal facilities.
-
The Sovereign Wealth Catalyst (Sec. 13): To fund this transition without burdening the taxpayer, the Act authorizes the U.S. Treasury (and the future U.S. Sovereign Wealth Fund) to accept voluntary donations of qualifying intellectual property. Foundational patents for dual-use optical networking will be donated to the U.S. Government, ensuring that the licensing revenues generated from the global photonics boom belong to the American people.
POLITICAL VIABILITY & LEGAL SHIELDS The Clean Aether Act is drafted to defeat telecom lobbying and pass committee scrutiny:
-
No Retroactive Tear-Downs (Sec. 5): The Act explicitly “grandfathers” all existing cell towers, neutralizing the threat of trillion-dollar industry lawsuits. It only applies to future builds.
-
Commercially Practical: Explicitly exempts consumer smartphones from requiring UV or germicidal emitters, asking only that commercial tech aligns with the existing IEEE 11bb standard.
-
Accountability (Sec. 8): Leverages the 2021 Environmental Health Trust v. FCC federal court remand to legally compel the FCC to finally review RF pulsation, modulation, and cumulative ambient exposure limits.
CONCLUSION The Clean Aether Act proves that the United States does not have to choose between world-class connectivity and the health of its citizens. By embracing advanced photonics, we can protect our children’s biology, secure our military communications, and build the fastest network on Earth.
================================
119TH CONGRESS
2D SESSION
H. R. __
To amend the Communications Act of 1934 to establish a prospective
minimum setback for newly sited macro wireless facilities, to direct
Federal review of radiofrequency exposure limits and testing, to authorize
support for optical communications in public schools and Federal
buildings, to promote optical wireless interoperability in consumer
devices, to support research and pilot deployment of qualified dual-use
optical systems, to authorize the voluntary donation of qualifying
intellectual property, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
[date]
Mr./Ms. ______ introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Clean Ether Act of 2026”.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Prospective application; no retroactive relocation.
Sec. 6. Minimum setback for new macro wireless facilities.
Sec. 7. National strategy for lower-impact and non-terrestrial alternatives.
Sec. 8. Federal review of radiofrequency exposure limits and testing.
Sec. 9. Optical connectivity pilot program for schools and Federal buildings.
Sec. 10. Optical wireless compatibility roadmap for consumer devices.
Sec. 11. Photonics innovation grants.
Sec. 12. Research, development, and pilot deployment of qualified dual-use optical systems.
Sec. 13. Voluntary donation of qualifying intellectual property.
Sec. 14. Reports to Congress.
Sec. 15. Authorization of appropriations.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Part C of subchapter V of chapter 9 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360hh et seq.), originally enacted as the Radiation
Control for Health and Safety Act of 1968 (Public Law 90-602), directs the
Secretary of Health and Human Services to establish and carry out an
electronic product radiation control program designed to protect the public
health and safety from electronic product radiation.
(2) The Food and Drug Administration has stated that the radiation-control
provisions described in paragraph (1) apply to electronic products,
including cordless and cellular telephones.
(3) On August 13, 2021, the United States Court of Appeals for the District
of Columbia Circuit remanded the Federal Communications Commission’s order
in Environmental Health Trust v. FCC for further reasoned explanation
concerning the adequacy of current radiofrequency exposure guidelines and
testing-related issues.
(4) As of the date of enactment of this Act, the Federal Communications
Commission continues to identify ET Docket Nos. 03-137, 13-84, and 19-226
as the proceeding in which potential changes to the Commission’s rules
regarding human exposure to radiofrequency electromagnetic fields are to be
addressed.
(5) Recent systematic reviews and related corrigenda published in the World
Health Organization radiofrequency electromagnetic field review project have
reported high-certainty animal evidence for certain cancer and reproductive
endpoints.
(6) IEEE Std 802.11bb-2023 established a published light-communications
amendment to IEEE 802.11, and later IEEE projects contemplate compatibility
with legacy devices defined in IEEE Std 802.11bb-2023.
(7) It is in the national interest of the United States to foster secure,
interoperable, and domestically competitive optical communications
technologies while evaluating lower-impact alternatives to additional
terrestrial macro wireless infrastructure near residences, schools,
hospitals, and childcare locations.
SEC. 4. DEFINITIONS.
In this Act:
(1) CHILDCARE SITE.—The term “childcare site” means a licensed childcare
center or licensed day-care facility.
(2) COVERED CONSUMER DEVICE.—The term “covered consumer device” means a
smartphone, tablet computer, laptop computer, Wi-Fi or networking device,
or other consumer device designated by the Federal Communications
Commission by rule.
(3) COVERED PUBLIC FACILITY.—The term “covered public facility” means—
(A) a public elementary school;
(B) a public secondary school; or
(C) a building owned or leased by the Federal Government.
(4) COVERED STRUCTURE.—The term “covered structure” means a parcel improved
by—
(A) a single-family or multifamily residence;
(B) a public or private elementary school;
(C) a public or private secondary school;
(D) a hospital; or
(E) a childcare site.
(5) NEW MACRO WIRELESS FACILITY.—The term “new macro wireless facility”
means a personal wireless service facility requiring initial siting
approval on a support structure not lawfully in existence on the date of
enactment of this Act. Such term does not include collocation,
replacement, or modification of equipment on an existing support structure
lawfully in existence on the date of enactment of this Act.
(6) NON-TERRESTRIAL ALTERNATIVE.—The term “non-terrestrial alternative”
means satellite service or any other communications architecture not
dependent on the construction of a new terrestrial macro wireless facility
at the relevant service location.
(7) OPTICAL WIRELESS COMMUNICATION.—The term “optical wireless
communication” means the transmission of data by means of visible,
infrared, or other optical frequencies, including operation compatible with
IEEE 802.11bb-2023 or a successor standard.
(8) QUALIFIED DUAL-USE OPTICAL SYSTEM.—The term “qualified dual-use
optical system” means fixed or vehicle-based infrastructure that combines
optical wireless communication with a sanitation, biodefense, or related
protective function and is designed for Federal, defense, maritime,
transportation, healthcare, or other institutional use.
(9) QUALIFYING INTELLECTUAL PROPERTY.—The term “qualifying intellectual
property” means a patent, patent application, continuation, divisional,
continuation-in-part, licensing right, know-how package, or related
contract right relating to a qualified dual-use optical system.
SEC. 5. PROSPECTIVE APPLICATION; NO RETROACTIVE RELOCATION.
(a) EXISTING FACILITIES.—Nothing in this Act or an amendment made by this
Act shall be construed to require the removal, relocation, decommissioning,
or modification of a personal wireless service facility lawfully placed,
constructed, collocated, or approved before the date of enactment of this
Act.
(b) SAVINGS CLAUSE.—Nothing in this Act shall be construed to impair the
operation of communications facilities used exclusively for emergency
response, disaster recovery, national defense, or public-safety dispatch.
SEC. 6. MINIMUM SETBACK FOR NEW MACRO WIRELESS FACILITIES.
(a) AMENDMENT.—Section 332(c)(7)(B) of the Communications Act of 1934
(47 U.S.C. 332(c)(7)(B)) is amended by adding at the end the following:
“(vi) MINIMUM SETBACK FOR NEW MACRO WIRELESS FACILITIES.—
“(I) IN GENERAL.—A State or local government approval for the
placement or construction of a new macro wireless facility shall
not be effective if the base of such facility would be located
within 1,500 feet of the property line of a covered structure.
“(II) MEASUREMENT.—For purposes of subclause (I), distance shall
be measured in a straight line from the outer boundary of the
equipment compound or, if there is no compound, from the base of
the support structure, to the nearest property line of the parcel
containing the covered structure.
“(III) EXCLUSIONS.—Subclause (I) shall not apply to—
“(aa) a temporary facility used solely for emergency response
or disaster recovery;
“(bb) a facility used exclusively for public-safety or
military communications; or
“(cc) a collocation, replacement, or modification on an
existing support structure lawfully in existence on the date
of enactment of the Clean Ether Act of 2026.
“(IV) WAIVER.—A waiver of subclause (I) may be granted only if
the approving authority determines, on the basis of clear and
convincing evidence in a written record, that—
“(aa) no technically feasible alternative using existing
infrastructure, fiber-based facilities, optical wireless
communication, non-terrestrial alternatives, or a site outside
the setback area is reasonably available;
“(bb) denial would create a significant and material gap in
public-safety, emergency, national-security, or other critical
communications service; and
“(cc) the approved facility is the least intrusive means of
addressing the gap described in item (bb).”.
(b) CONFORMING AMENDMENT.—Section 332(c)(7)(C) of the Communications Act
of 1934 (47 U.S.C. 332(c)(7)(C)) is amended by adding at the end the
following:
“(iv) The terms ‘covered structure’ and ‘new macro wireless facility’
have the meanings given those terms in section 4 of the Clean Ether
Act of 2026.”.
SEC. 7. NATIONAL STRATEGY FOR LOWER-IMPACT AND NON-TERRESTRIAL
ALTERNATIVES.
(a) STRATEGY REQUIRED.—Not later than 1 year after the date of enactment
of this Act, the Assistant Secretary of Commerce for Communications and
Information, acting through the National Telecommunications and Information
Administration and in consultation with the Federal Communications
Commission, the Secretary of Defense, and the Administrator of the National
Aeronautics and Space Administration, shall submit to Congress a national
strategy for reducing the need for newly constructed terrestrial macro
wireless facilities near covered structures.
(b) REQUIRED ELEMENTS.—The strategy required under subsection (a) shall
include—
(1) an assessment of the extent to which fiber backhaul, optical
wireless communication, satellite service, and other non-terrestrial
alternatives can reduce future macro tower densification;
(2) recommendations for Federal grant priorities, procurement
preferences, and pilot authorities that encourage lower-impact and
non-terrestrial alternatives where technically and economically
feasible;
(3) model siting best practices for minimizing the placement of new
macro wireless facilities near covered structures; and
(4) identification of legal or regulatory barriers to the use of such
alternatives.
(c) FEDERAL GRANT PREFERENCE.—To the maximum extent practicable, any
Federal agency administering a competitive broadband or communications
infrastructure grant program shall give preference to projects that
materially reduce the need for newly constructed terrestrial macro wireless
facilities near covered structures.
SEC. 8. FEDERAL REVIEW OF RADIOFREQUENCY EXPOSURE LIMITS AND TESTING.
(a) HHS RECOMMENDATIONS.—Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs and in consultation with the
Director of the National Toxicology Program, shall submit to the Federal
Communications Commission and Congress recommendations regarding exposure
characterization, electronic product radiation standards, testing methods,
and vulnerable-population considerations relevant to radiofrequency-emitting
consumer products and infrastructure.
(b) FCC REASSESSMENT.—Not later than 18 months after the date of
enactment of this Act, the Federal Communications Commission, in
consultation with the Secretary of Health and Human Services, the
Commissioner of Food and Drugs, and the Director of the National Toxicology
Program, shall complete a proceeding to reassess the adequacy of the
Commission’s radiofrequency exposure limits and testing procedures.
(c) MINIMUM SCOPE.—The reassessment required by subsection (b) shall
address, at a minimum—
(1) children and other potentially vulnerable populations;
(2) long-term exposure;
(3) cumulative ambient exposure;
(4) pulsation or modulation characteristics;
(5) technological developments since 1996, including the ubiquity of
wireless devices and Wi-Fi;
(6) device testing assumptions, separation distances, and body-placement
conditions used for portable-equipment compliance; and
(7) environmental effects and wildlife impacts to the extent relevant
to the Commission’s statutory responsibilities and the administrative
record.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to
predetermine the outcome of the reassessment required by subsection (b).
SEC. 9. OPTICAL CONNECTIVITY PILOT PROGRAM FOR SCHOOLS AND FEDERAL
BUILDINGS.
(a) ESTABLISHMENT.—The Secretary of Education and the Administrator of
General Services, in consultation with the Federal Communications
Commission and the Director of the National Institute of Standards and
Technology, shall establish a 5-year pilot program to support deployment of
fiber-based and optical wireless communication systems in covered public
facilities.
(b) ELIGIBLE USES.—Amounts made available under this section may be used
for—
(1) fiber backhaul and related wiring;
(2) optical wireless access points, receivers, adapters, and
supporting equipment;
(3) cybersecurity and interoperability testing;
(4) staff training, installation, maintenance, and technical support;
and
(5) planning and engineering services.
(c) PRIORITY.—In carrying out the pilot program under this section,
priority shall be given to public elementary and secondary schools and
buildings owned or leased by the Federal Government.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to
require the use of a germicidal or ultraviolet emitter in a covered public
facility.
SEC. 10. OPTICAL WIRELESS COMPATIBILITY ROADMAP FOR CONSUMER DEVICES.
(a) RULEMAKING.—Not later than 18 months after the date of enactment of
this Act, the Federal Communications Commission, in consultation with the
Assistant Secretary of Commerce for Communications and Information and the
Director of the National Institute of Standards and Technology, shall
initiate a rulemaking to establish a phased schedule under which covered
consumer devices introduced into interstate commerce support optical
wireless interoperability.
(b) BASELINE INTEROPERABILITY TARGET.—In carrying out subsection (a), the
Commission shall consider compatibility with IEEE 802.11bb-2023, or any
successor standard for optical wireless local-area networking, as the
baseline interoperability target.
(c) FACTORS.—The Commission shall consider—
(1) cybersecurity;
(2) energy efficiency and battery use;
(3) backward compatibility;
(4) accessibility and affordability;
(5) domestic manufacturing capacity; and
(6) reasonable compliance periods for small manufacturers.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to
require a covered consumer device to incorporate a germicidal or
ultraviolet light source.
SEC. 11. PHOTONICS INNOVATION GRANTS.
(a) ESTABLISHMENT.—The Secretary of Commerce shall establish a competitive
grant program to support domestic research, development, testing, and
manufacturing relating to optical wireless communication technologies.
(b) ELIGIBLE ACTIVITIES.—Eligible activities under this section shall
include work on—
(1) optical transceivers, receivers, access points, chipsets, optical
front ends, adapters, and related components;
(2) interoperability and standards implementation;
(3) secure optical networking;
(4) manufacturing readiness and supply-chain resilience; and
(5) deployment-ready equipment suitable for schools, Federal
buildings, and other institutional settings.
(c) PRIORITY.—In awarding grants under this section, the Secretary shall
give priority to projects that—
(1) strengthen United States manufacturing capacity;
(2) improve interoperability with published standards and successor
standards;
(3) support deployment in covered public facilities; and
(4) reduce dependence on foreign-adversary-controlled supply chains.
SEC. 12. RESEARCH, DEVELOPMENT, AND PILOT DEPLOYMENT OF QUALIFIED
DUAL-USE OPTICAL SYSTEMS.
(a) RESEARCH PROGRAM.—The Secretary of Defense, the Secretary of Homeland
Security, and the Director of the National Institute of Standards and
Technology shall carry out a research and development program on qualified
dual-use optical systems, including research on solid-state far-UVC
emitters, secure optical communications, and fixed-site or vehicle-based
deployment architectures.
(b) PILOT DEPLOYMENTS.—Subject to applicable law and safety review, the
Secretary of Defense and the Secretary of Homeland Security may carry out
pilot deployments of qualified dual-use optical systems on military
vessels, defense installations, secure Federal facilities, transportation
hubs, and other mission-critical environments.
(c) LIMITATION.—Nothing in this section shall be construed to authorize a
requirement that handheld consumer devices include a qualified dual-use
optical system.
SEC. 13. VOLUNTARY DONATION OF QUALIFYING INTELLECTUAL PROPERTY.
(a) ACCEPTANCE AUTHORITY.—The Secretary of the Treasury may accept the
voluntary donation of qualifying intellectual property relating to a
qualified dual-use optical system.
(b) NO MANDATE.—Nothing in this Act shall be construed to require any
person or entity to donate intellectual property.
(c) FUTURE TRANSFER.—If Congress establishes by law a United States
sovereign wealth fund or other public investment vehicle authorized to hold
intellectual property for public benefit, the Secretary of the Treasury may
transfer or assign rights accepted under subsection (a) to that entity,
subject to the terms of the donating instrument and other applicable law.
(d) USE OF RECEIPTS.—Any net receipts derived from rights accepted under
subsection (a) shall be deposited in the Treasury and may be made
available, subject to appropriations Acts, to carry out sections 9, 11,
and 12.
(e) IDENTIFICATION OF DONATED PROPERTY.—A donation under subsection (a)
may identify the qualifying intellectual property by United States patent
number, application number, continuation, divisional, continuation-in-part,
or licensing instrument.
SEC. 14. REPORTS TO CONGRESS.
(a) INITIAL REPORT.—Not later than 18 months after the date of enactment
of this Act, each official responsible for carrying out sections 7 through
13 shall submit to Congress a report describing implementation status,
costs, barriers, cybersecurity considerations, supply-chain issues, and
recommendations for further legislation.
(b) ANNUAL UPDATES.—For each of the 4 years following submission of the
initial report, the officials described in subsection (a) shall submit an
annual update.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) $200,000,000 for each of fiscal years 2027 through 2031 to carry
out section 9;
(2) $75,000,000 for each of fiscal years 2027 through 2031 to carry
out section 11;
(3) $50,000,000 for each of fiscal years 2027 through 2031 to carry
out section 12; and
(4) $5,000,000 for fiscal year 2027 to carry out sections 7, 8, and
14.
