United States Postal Service Shipping Equity Act
This bill authorizes the mailing of alcoholic beverages by certain entities in accordance with the delivery requirements otherwise applicable to a privately carried shipment. The authorization applies to an entity (including a winery, brewery, beverage distilled spirits plant, or other wholesaler, distributer, importer, or retailer of alcoholic beverages) that has registered with, obtained a permit from, or obtained approval of an application from the Department of the Treasury.
The bill directs the U.S. Postal Service (USPS) to prescribe regulations (1) requiring direct delivery to a duly authorized agent at a postal facility or to the addressee, who must be at least 21 years of age and present a valid, government-issued photo identification at the time of delivery; (2) prohibiting such alcoholic beverages from being for resale or any other commercial purpose; and (3) requiring such entity to certify that the mailing is not in violation of applicable laws or regulations and to provide other information as directed by the USPS.
The U.S. district courts shall have jurisdiction to render judgment upon any claim brought by a state, local, or tribal government against the USPS of a violation of state, local, or tribal law regarding the sale, mailing, transportation, or importation of alcoholic beverages into any U.S. state, territory, or district. The USPS shall not be liable for interest prior to judgment or for punitive damages.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3287 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3287
To amend title 18, United States Code, and title 39, United States
Code, to provide the United States Postal Service the authority to mail
alcoholic beverages, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2021
Ms. Speier (for herself, Mr. Newhouse, Mr. Blumenauer, Mr. Carbajal,
Mr. DeFazio, Mr. Garcia of Illinois, Ms. Lee of California, Ms. Norton,
Ms. Pressley, Mr. San Nicolas, Ms. Scanlon, Ms. Schakowsky, Mr. Takano,
Ms. Tlaib, Ms. Porter, Mr. Thompson of Mississippi, Mr. LaMalfa, and
Mr. Grijalva) introduced the following bill; which was referred to the
Committee on Oversight and Reform, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, and title 39, United States
Code, to provide the United States Postal Service the authority to mail
alcoholic beverages, 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 ``United States Postal Service
Shipping Equity Act''.
SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES.
(a) Mailability.--
(1) Nonmailable articles.--Section 1716(f) of title 18,
United States Code, is amended by striking ``mails'' and
inserting ``mails, except to the extent that the mailing is
allowable under section 3001(p) of title 39''.
(2) Alcoholic beverages.--Section 1154(a) of title 18,
United States Code, is amended, by inserting ``or, with respect
to the mailing of alcoholic beverages to the extent allowed
under section 3001(p) of title 39'' after ``mechanical
purposes''.
(b) Regulations.--Section 3001 of title 39, United States Code, is
amended by adding at the end the following:
``(p)(1) Alcoholic beverages shall be considered mailable if
mailed--
``(A) by a covered entity in accordance with applicable
regulations under paragraph (2); and
``(B) in accordance with the delivery requirements
otherwise applicable to a privately carried shipment of an
alcoholic beverage in the State, territory, or district of the
United States where the addressee or duly authorized agent
takes delivery.
``(2) The Postal Service shall prescribe such regulations as may be
necessary to carry out this subsection, including regulations providing
that--
``(A) the mailing shall be by a means established by the
Postal Service to ensure direct delivery to the addressee or a
duly authorized agent at a postal facility;
``(B) the addressee (and any duly authorized agent) shall
be an individual at least 21 years of age, and shall present a
valid, Government-issued photo identification at the time of
delivery;
``(C) the alcoholic beverage may not be for resale or other
commercial purpose; and
``(D) the covered entity involved shall--
``(i) certify in writing to the satisfaction of the
Postal Service, through a registration process
administered by the Postal Service, that the mailing is
not in violation of any provision of this subsection or
regulation prescribed under this subsection; and
``(ii) provide any other information or affirmation
that the Postal Service may require, including with
respect to the prepayment of State alcohol beverage
taxes.
``(3) For purposes of this subsection--
``(A) the term `alcoholic beverage' has the meaning given
such term in section 203 of the Federal Alcohol Administration
Act (27 U.S.C. 214); and
``(B) the term `covered entity' means an entity (including
a winery, brewery, or beverage distilled spirits plant, or
other wholesaler, distributer, importer, or retailer of
alcoholic beverages) that has registered with, obtained a
permit from, or obtained approval of a notice or an application
from, the Secretary of the Treasury pursuant to--
``(i) the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.); or
``(ii) Chapter 51 of the Internal Revenue Code of
1986 (26 U.S.C. 5001 et seq.).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the date on which the Postal Service issues regulations
under section 3001(p) of title 39, United States Code, as
amended by this section; or
(2) 2 years after the date of enactment of this Act.
(d) No Preemption of State, Local, or Tribal Laws Prohibiting
Deliveries, Shipments, or Sales.--Nothing in this section, the
amendments made by this section, or any regulation promulgated under
this section or the amendments made by this section, shall be construed
to preempt, supersede, or otherwise limit or restrict any State, local,
or Tribal law that prohibits or regulates the delivery, shipment, or
sale of alcoholic beverages.
(e) Liability of the United States Postal Service.--The United
States District Courts shall have jurisdiction to render judgment upon
any claim brought by a State, local, or Tribal government against the
United States Postal Service of a violation of State, local, or Tribal
law regarding the sale, mailing, transportation, or importation of
alcoholic beverages into any State, territory, or district of the
United States. The United States Postal Service shall be liable in the
same manner and to the same extent as a private individual under like
circumstances, but shall not be liable for interest prior to judgment
or for punitive damages.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line