I 

114TH CONGRESS 

1ST SESSION H. R. 3412 

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 

JULY 29, 2015 

Ms. SPEIER (for herself, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Mr. 

CARTWRIGHT, Ms. CLARKE of New York, Mr. COSTA, Mr. DEFAZIO, Ms. 

FRANKEL of Florida, Mr. GARAMENDI, Mr. GRAYSON, Mr. GRIJALVA, 

Mr. HINOJOSA, Mr. HUFFMAN, Mr. JOHNSON of Ohio, Mr. JONES, Mrs. 

KIRKPATRICK, Mr. LAMALFA, Mrs. LAWRENCE, Mrs. LOWEY, Mr. 

MCKINLEY, Mr. POLIS, Mr. RANGEL, Ms. SLAUGHTER, and Mr. VEASEY) 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Service Shipping Equity Act’’. 

4 SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES. 

5 (a) MAILABILITY.— 

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

7 of title 18, United States Code, is amended by strik8 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex9 tent that the mailing is allowable under section 

10 3001(p) of title 39’’. 

11 (2) ALCOHOLIC BEVERAGES.—Section 1154(a) 

12 of title 18, United States Code, is amended, by in13 serting ‘‘or, with respect to the mailing of alcoholic 

14 beverages to the extent allowed under section 

15 3001(p) of title 39’’ after ‘‘mechanical purposes’’. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(p)(1) Alcoholic beverages shall be considered mail20 able if mailed— 

21 ‘‘(A) by a covered entity in accordance with ap22 plicable regulations under paragraph (2); and 

23 ‘‘(B) in accordance with the delivery require24 ments otherwise applicable to a privately carried 

25 shipment of an alcoholic beverage in the State, terriVerDate Sep 11 2014 01:32 Aug 08, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3412.IH H3412

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1 tory, or district of the United States where the ad2 dressee or duly authorized agent takes delivery. 

3 ‘‘(2) The Postal Service shall prescribe such regula4 tions as may be necessary to carry out this subsection, 

5 including regulations providing that— 

6 ‘‘(A) the mailing shall be by a means estab7 lished by the Postal Service to ensure direct delivery 

8 to the addressee or a duly authorized agent at a 

9 postal facility; 

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

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

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

13 photo identification at the time of delivery; 

14 ‘‘(C) the alcoholic beverage may not be for re15 sale or other commercial purpose; and 

16 ‘‘(D) the covered entity involved shall— 

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

18 the Postal Service, through a registration proc19 ess administered by the Postal Service, that the 

20 mailing is not in violation of any provision of 

21 this subsection or regulation prescribed under 

22 this subsection; and 

23 ‘‘(ii) provide any other information or af24 firmation that the Postal Service may require, 


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1 including with respect to the prepayment of 

2 State alcohol beverage taxes. 

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

4 ‘‘(A) the term ‘alcoholic beverage’ has the 

5 meaning given such term in section 203 of the Fed6 eral Alcohol Administration Act (27 U.S.C. 214); 

7 and 

8 ‘‘(B) the term ‘covered entity’ means an entity 

9 (including a winery, brewery, or beverage distilled 

10 spirits plant, or other wholesaler, distributer, or re11 tailer of alcoholic beverages) that has registered 

12 with, obtained a permit from, or obtained approval 

13 of a notice or an application from, the Secretary of 

14 the Treasury pursuant to— 

15 ‘‘(i) the Federal Alcohol Administration 

16 Act (27 U.S.C. 201 et seq.); or 

17 ‘‘(ii) Chapter 51 of the Internal Revenue 

18 Code of 1986 (26 U.S.C. 5001 et seq.).’’. 

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

20 this section shall take effect on the earlier of— 

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

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

23 States Code, as amended by this section; or 


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1 (2) 120 days after the date of enactment of this 

2 Act. 

Æ 


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