119-hr3011

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

    (IH) ]

<DOC>

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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