United States Postal Service Shipping Equity Act

I 118TH CONGRESS 1ST SESSION H. R. 3721 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 25, 2023 Mr. NEWHOUSE (for himself, Ms. WEXTON, Ms. BONAMICI, Ms. NORTON, Mr. GRIJALVA, Mrs. CHAVEZ-DEREMER, Ms. LOFGREN, Mr. CLEAVER, Ms. MACE, Ms. HOYLE of Oregon, and Mr. BEYER) introduced the following bill; which was referred to the Committee on Oversight and Account- ability, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consider- ation 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States Postal 4 Service Shipping Equity Act’’. 5 VerDate Sep 11 2014 18:43 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3721.IH H3721 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3721 IH SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES. 1 (a) MAILABILITY.— 2 (1) NONMAILABLE ARTICLES.—Section 1716(f) 3 of title 18, United States Code, is amended by strik- 4 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex- 5 tent that the mailing is allowable under section 6 3001(p) of title 39’’. 7 (2) ALCOHOLIC BEVERAGES.—Section 1154(a) 8 of title 18, United States Code, is amended, by in- 9 serting ‘‘or, with respect to the mailing of alcoholic 10 beverages to the extent allowed under section 11 3001(p) of title 39’’ after ‘‘mechanical purposes’’. 12 (b) REGULATIONS.—Section 3001 of title 39, United 13 States Code, is amended by adding at the end the fol- 14 lowing: 15 ‘‘(p)(1) Alcoholic beverages shall be considered mail- 16 able if mailed— 17 ‘‘(A) by a covered entity in accordance with ap- 18 plicable regulations under paragraph (2); and 19 ‘‘(B) in accordance with the delivery require- 20 ments otherwise applicable to a privately carried 21 shipment of an alcoholic beverage in the State, terri- 22 tory, or district of the United States where the ad- 23 dressee or duly authorized agent takes delivery. 24 VerDate Sep 11 2014 18:43 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3721.IH H3721 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3721 IH ‘‘(2) The Postal Service shall prescribe such regula- 1 tions as may be necessary to carry out this subsection, 2 including regulations providing that— 3 ‘‘(A) the mailing shall be by a means estab- 4 lished by the Postal Service to ensure direct delivery 5 to the addressee or a duly authorized agent at a 6 postal facility; 7 ‘‘(B) the addressee (and any duly authorized 8 agent) shall be an individual at least 21 years of 9 age, and shall present a valid, Government-issued 10 photo identification at the time of delivery; 11 ‘‘(C) the alcoholic beverage may not be for re- 12 sale or other commercial purpose; and 13 ‘‘(D) the covered entity involved shall— 14 ‘‘(i) certify in writing to the satisfaction of 15 the Postal Service, through a registration proc- 16 ess administered by the Postal Service, that the 17 mailing is not in violation of any provision of 18 this subsection or regulation prescribed under 19 this subsection; and 20 ‘‘(ii) provide any other information or af- 21 firmation that the Postal Service may require, 22 including with respect to the prepayment of 23 State alcohol beverage taxes. 24 ‘‘(3) For purposes of this subsection— 25 VerDate Sep 11 2014 18:43 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3721.IH H3721 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3721 IH ‘‘(A) the term ‘alcoholic beverage’ has the 1 meaning given such term in section 203 of the Fed- 2 eral Alcohol Administration Act (27 U.S.C. 214); 3 and 4 ‘‘(B) the term ‘covered entity’ means an entity 5 (including a winery, brewery, or beverage distilled 6 spirits plant, or other wholesaler, distributer, im- 7 porter, or retailer of alcoholic beverages) that has 8 registered with, obtained a permit from, or obtained 9 approval of a notice or an application from, the Sec- 10 retary of the Treasury pursuant to— 11 ‘‘(i) the Federal Alcohol Administration 12 Act (27 U.S.C. 201 et seq.); or 13 ‘‘(ii) Chapter 51 of the Internal Revenue 14 Code of 1986 (26 U.S.C. 5001 et seq.).’’. 15 (c) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect on the earlier of— 17 (1) the date on which the Postal Service issues 18 regulations under section 3001(p) of title 39, United 19 States Code, as amended by this section; or 20 (2) 2 years after the date of enactment of this 21 Act. 22 (d) NO PREEMPTION OF STATE, LOCAL, OR TRIBAL 23 LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR 24 SALES.—Nothing in this section, the amendments made 25 VerDate Sep 11 2014 18:43 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3721.IH H3721 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3721 IH by this section, or any regulation promulgated under this 1 section or the amendments made by this section, shall be 2 construed to preempt, supersede, or otherwise limit or re- 3 strict any State, local, or Tribal law that prohibits or regu- 4 lates the delivery, shipment, or sale of alcoholic beverages. 5 (e) LIABILITY OF THE UNITED STATES POSTAL 6 SERVICE.—The United States District Courts shall have 7 jurisdiction to render judgment upon any claim brought 8 by a State, local, or Tribal government against the United 9 States Postal Service of a violation of State, local, or Trib- 10 al law regarding the sale, mailing, transportation, or im- 11 portation of alcoholic beverages into any State, territory, 12 or district of the United States. The United States Postal 13 Service shall be liable in the same manner and to the same 14 extent as a private individual under like circumstances, 15 but shall not be liable for interest prior to judgment or 16 for punitive damages. 17 Æ VerDate Sep 11 2014 18:43 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3721.IH H3721 pbinns on DSKJLVW7X2PROD with $$_JOB