I 

113TH CONGRESS 

1ST SESSION H. R. 1718 

To amend title 18, United States Code, and title 39, United States Code, 

to provide the United States Postal Service the authority to mail wine 

and beer, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2013 

Ms. SPEIER 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 wine and beer, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Postal 

5 Service Shipping Equity Act.’’ 

6 SEC. 2. WINE AND BEER SHIPPING. 

7 (a) MAILABILITY.— 


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1 (1) NONMAILABLE ARTICLES.—Section 1716(f) 

2 of title 18, United States Code, is amended by strik3 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex4 tent that the mailing is allowable under section 

5 3001(p) of title 39’’. 

6 (2) INTOXICANTS.—Section 1154(a) of title 18, 

7 United States Code, is amended, by inserting ‘‘or, 

8 with respect to the mailing of wine or malt bev9 erages, to the extent allowed under section 3001(p) 

10 of title 39’’ after ‘‘mechanical purposes’’. 

11 (b) REGULATIONS.—Section 3001 of title 39, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(p)(1) Wine or malt beverages shall be considered 

15 mailable if mailed— 

16 ‘‘(A) by a licensed winery or brewery, in accord17 ance with applicable regulations under paragraph 

18 (2); and 

19 ‘‘(B) in accordance with the law of the State, 

20 territory, or district of the United States where the 

21 addressee or duly authorized agent takes delivery. 

22 ‘‘(2) The Postal Service shall prescribe such regula23 tions as may be necessary to carry out this subsection, 

24 including regulations providing that— 


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1 ‘‘(A) the mailing shall be by a means estab2 lished by the Postal Service to ensure direct delivery 

3 to the addressee or a duly authorized agent at a 

4 postal facility; 

5 ‘‘(B) the addressee (and any duly authorized 

6 agent) shall be an individual at least 21 years of 

7 age, and shall present a valid, government-issued 

8 photo identification at the time of delivery; 

9 ‘‘(C) the wine or malt beverages may not be for 

10 resale or other commercial purpose; and 

11 ‘‘(D) the winery or brewery involved shall— 

12 ‘‘(i) certify in writing to the satisfaction of 

13 the Postal Service, through a registration proc14 ess administered by the Postal Service, that the 

15 mailing is not in violation of any provision of 

16 this subsection or regulation prescribed under 

17 this subsection; and 

18 ‘‘(ii) provide any other information or af19 firmation that the Postal Service may require, 

20 including with respect to the prepayment of 

21 State alcohol beverage taxes. 

22 ‘‘(3) For purposes of this subsection— 

23 ‘‘(A) a winery shall be considered to be licensed 

24 if that winery holds an appropriate basic permit 

25 issued— 


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1 ‘‘(i) under the Federal Alcohol Administra2 tion Act (27 U.S.C. 201 et seq.); and 

3 ‘‘(ii) under the law of the State in which 

4 the winery is located; and 

5 ‘‘(B) a brewery shall be considered to be li6 censed if that brewery— 

7 ‘‘(i) possesses a notice of registration and 

8 bond approved by the Alcohol and Tobacco Tax 

9 and Trade Bureau of the Department of the 

10 Treasury; and 

11 ‘‘(ii) is licensed to manufacture and sell 

12 beer in the State in which the brewery is lo13 cated.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the earlier of— 

16 (1) the date on which the Postal Service issues 

17 regulations under section 3001(p) of title 39, United 

18 States Code, as amended by this section; or 

19 (2) 120 days after the date of enactment of this 

20 Act. 

Æ 


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