[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8593 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8593
To provide a temporary waiver of certain Federal and State laws
governing fireworks displays during the 250th anniversary year of the
United States, while preserving local authority, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2026
Mr. Calvert introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To provide a temporary waiver of certain Federal and State laws
governing fireworks displays during the 250th anniversary year of the
United States, while preserving local authority, and for other
purposes.
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 ``Fireworks for Freedom Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The year 2026 marks the 250th anniversary of the
founding of the United States, commemorated as ``America250''.
(2) Public fireworks displays have served as a
quintessential American tradition of patriotic celebration
since the first anniversary of independence in 1777.
(3) The semiquincentennial represents a singular national
milestone, and the entirety of calendar year 2026 constitutes a
year-long national commemoration meriting unprecedented public
celebration across all 50 States, the District of Columbia, and
the territories.
(4) A streamlined Federal and State regulatory framework
will facilitate communities of all sizes in honoring this
historic occasion, while local governments remain best
positioned to address site-specific safety, fire risk, and
community concerns.
(b) Purpose.--The purpose of this Act is to enable maximum public
participation in fireworks displays during the 250th anniversary year
of the United States by temporarily suspending Federal and State
regulatory restrictions thereon, while preserving the authority of
units of local government, and while preserving Federal and State
authority over the manufacture, sale, purchase, and transportation of
fireworks and over safety standards applicable to covered fireworks
displays.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered fireworks display.--The term ``covered
fireworks display'' means any public or private display of
fireworks, including consumer, commercial, or display-grade
pyrotechnics, conducted within the United States during the
covered period.
(2) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on December 31, 2026.
(3) Unit of local government.--The term ``unit of local
government'' means any county, municipality, town, township,
village, parish, borough, special district, federally
recognized Indian Tribe, or other general-purpose political
subdivision of a State, including any fire protection district
or fire marshal exercising authority delegated by such
subdivision.
SEC. 4. WAIVER OF FEDERAL AND STATE LAW.
(a) In General.--Notwithstanding any other provision of law, during
the covered period, no provision of Federal or State law, regulation,
or rule shall apply to, restrict, prohibit, or impose penalties upon
any covered fireworks display or the persons conducting such display,
except that each waiver applies only to the act of conducting the
display and to the possession and use of fireworks solely at the
display site during the display event itself.
(b) Scope of Waiver.--The waiver under subsection (a) shall include
Federal and State laws and regulations concerning--
(1) State and local event permitting and display-operation
licensing requirements only, while preserving Federal Bureau of
Alcohol, Tobacco, and Firearms licensing and certification of
pyrotechnic operators, manufacturers, dealers, and importers
under chapter 40 of title 18, United States Code;
(2) State-level venue storage and setback requirements
only, while preserving Federal classification, labeling, and
storage standards under chapter 40 of title 18, United States
Code;
(3) State-level event notification requirements only, while
preserving Federal Environmental Protection Agency Clean Air
Act standards; and
(4) State-level fire codes, setback requirements, burn
restrictions, and noise standards.
(c) Preemption of State Law Only.--No State may enforce any State
law, regulation, or rule inconsistent with this section during the
covered period, except that this preemption does not apply to--
(1) State laws governing the manufacture, sale, or purchase
of fireworks or explosive materials;
(2) State occupational safety and health laws; or
(3) State consumer product safety laws.
(d) Rule of Construction.--Nothing in this section shall be
construed to preempt, supersede, or limit any law, regulation,
ordinance, rule, code, or order of a unit of local government.
(e) Clarification.--No formal designation, registration,
sponsorship, or affiliation with America250 or any official
commemorative entity shall be required for a fireworks display to
qualify as a covered fireworks display, as Congress recognizes that all
fireworks displays during calendar year 2026 occur within the context
of the year-long national celebration of the 250th anniversary of
American independence.
SEC. 5. PRESERVATION OF FEDERAL AUTHORITY.
(a) In General.--Notwithstanding section 4, the following Federal
laws and their implementing regulations remain in full force:
(1) Chapter 40 of title 18, United States Code (relating to
explosive materials licensing, storage, classification, and
recordkeeping).
(2) Chapter 51 of title 49, United States Code (relating to
hazardous materials transportation).
(3) The Federal Hazardous Substances Act (15 U.S.C. 1261 et
seq.) and all consumer and hazardous products safety standards
thereunder.
(4) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) and all Occupational Health and Safety
Administration standards thereunder.
(5) The Clean Air Act (42 U.S.C. 7401 et seq.) and all
Environmental Protection Agency regulations promulgated
thereunder.
(b) Manufacture and Sale.--Nothing in this Act shall be construed
to waive, suspend, or limit any Federal or State law governing the
manufacture, importation, wholesale distribution, retail sale, or
purchase of fireworks or pyrotechnic materials.
SEC. 6. PRESERVATION OF LOCAL AUTHORITY.
(a) In General.--Notwithstanding section 4, units of local
government shall retain full authority to regulate, restrict,
condition, permit, or prohibit covered fireworks displays within their
respective jurisdictions, including authority over--
(1) permitting, licensing, and inspection of displays and
operators;
(2) local fire codes, burn bans, and red-flag restrictions;
(3) setback, separation, and fallout-zone requirements;
(4) hours of operation and noise ordinances;
(5) zoning, land use, and crowd-management requirements;
(6) insurance, bonding, and liability requirements;
(7) emergency response, evacuation, and public notification
requirements; and
(8) restrictions tailored to drought conditions, wildland-
urban interface areas, sensitive ecological zones, hospitals,
schools, places of worship, livestock operations, or other
site-specific concerns.
(b) Default to Local Law.--Where a unit of local government has not
expressly authorized a covered fireworks display, otherwise applicable
local law shall continue to govern.
(c) State Enabling Authority Unaffected.--Nothing in this Act shall
be construed to diminish the authority of a unit of local government
that derives from a State constitution, charter, or statute, to the
extent such authority is exercised by the unit of local government
itself rather than by the State.
(d) Tribal Sovereignty.--Nothing in this Act shall be construed to
limit the inherent sovereign authority of any federally recognized
Indian Tribe to regulate fireworks within its jurisdiction.
SEC. 7. SUNSET.
This Act, and the waiver provided under section 4, shall expire at
11:59 p.m. Eastern Standard Time on December 31, 2026.
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