H.R. 8593

[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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