Fireworks for Freedom Act

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.

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.

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.

The term covered period means the period beginning on the date of enactment of this Act and ending on December 31, 2026.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Where a unit of local government has not expressly authorized a covered fireworks display, otherwise applicable local law shall continue to govern.

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.

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.