April 30, 2026
Mr. Calvert introduced the following bill; which was referred to the Committee on Oversight and Government Reform
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.
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.