United States Postal Service Shipping Equity Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3011 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3011

  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

                             April 24, 2025

Mr. Newhouse (for himself and Mr. Subramanyam) introduced the following
 bill; which was referred to the Committee on Oversight and Government
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.
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