[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1663 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1663
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 SENATE OF THE UNITED STATES
May 17, 2021
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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) Shipping of Alcoholic Beverages.--
``(1) In general.--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) Regulations.--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 alcoholic beverage taxes.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `alcoholic beverage' has the meaning
given the 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 United States Postal Service
prescribes regulations under section 3001(p) of title 39,
United States Code, as added by this section; or
(2) the date that is 2 years after the date of enactment of
this Act.
(d) Relation to State, Local, and Tribal Laws.--
(1) Definitions.--In this subsection--
(A) the term ``alcoholic beverage'' has the meaning
given the term in section 203 of the Federal Alcohol
Administration Act (27 U.S.C. 214);
(B) the term ``Postal Service'' means the United
States Postal Service; and
(C) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other territory or possession of
the United States.
(2) 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.
(3) Liability of postal service.--
(A) Cause of action.--A State, local, or Tribal
government may bring a civil action against the Postal
Service in an appropriate district court of the United
States for a violation of a law of the State, locality,
or Indian Tribe, respectively, regarding the sale,
mailing, transportation, or importation of alcoholic
beverages.
(B) Liability.--In an action brought under
subparagraph (A), the Postal Service--
(i) except as provided in clause (ii),
shall be liable in the same manner and to the
same extent as a private individual under like
circumstances; and
(ii) shall not be liable for--
(I) interest prior to judgment; or
(II) punitive damages.
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