I 

117TH CONGRESS 

1ST SESSION H. R. 3287 

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 

MAY 17, 2021 

Ms. SPEIER (for herself, Mr. NEWHOUSE, Mr. BLUMENAUER, Mr. CARBAJAL, 

Mr. DEFAZIO, Mr. GARCI ́A of Illinois, Ms. LEE of California, Ms. NORTON, Ms. PRESSLEY, Mr. SAN NICOLAS, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. TAKANO, Ms. TLAIB, Ms. PORTER, Mr. THOMPSON of Mississippi, Mr. LAMALFA, and Mr. GRIJALVA) introduced the following bill; 

which was referred to the Committee on Oversight and 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Service Shipping Equity Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 3287 IH

1 SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES. 

2 (a) MAILABILITY.— 

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

4 of title 18, United States Code, is amended by strik5 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex6 tent that the mailing is allowable under section 

7 3001(p) of title 39’’. 

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

9 of title 18, United States Code, is amended, by in10 serting ‘‘or, with respect to the mailing of alcoholic 

11 beverages to the extent allowed under section 

12 3001(p) of title 39’’ after ‘‘mechanical purposes’’. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘(p)(1) Alcoholic beverages shall be considered mail17 able if mailed— 

18 ‘‘(A) by a covered entity in accordance with ap19 plicable regulations under paragraph (2); and 

20 ‘‘(B) in accordance with the delivery require21 ments otherwise applicable to a privately carried 

22 shipment of an alcoholic beverage in the State, terri23 tory, or district of the United States where the ad24 dressee or duly authorized agent takes delivery. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 3287 IH

1 ‘‘(2) The Postal Service shall prescribe such regula2 tions as may be necessary to carry out this subsection, 

3 including regulations providing that— 

4 ‘‘(A) the mailing shall be by a means estab5 lished by the Postal Service to ensure direct delivery 

6 to the addressee or a duly authorized agent at a 

7 postal facility; 

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

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

10 age, and shall present a valid, Government-issued 

11 photo identification at the time of delivery; 

12 ‘‘(C) the alcoholic beverage may not be for re13 sale or other commercial purpose; and 

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

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

16 the Postal Service, through a registration proc17 ess administered by the Postal Service, that the 

18 mailing is not in violation of any provision of 

19 this subsection or regulation prescribed under 

20 this subsection; and 

21 ‘‘(ii) provide any other information or af22 firmation that the Postal Service may require, 

23 including with respect to the prepayment of 

24 State alcohol beverage taxes. 

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


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 3287 IH

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

2 meaning given such term in section 203 of the Fed3 eral Alcohol Administration Act (27 U.S.C. 214); 

4 and 

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

6 (including a winery, brewery, or beverage distilled 

7 spirits plant, or other wholesaler, distributer, im8 porter, or retailer of alcoholic beverages) that has 

9 registered with, obtained a permit from, or obtained 

10 approval of a notice or an application from, the Sec11 retary of the Treasury pursuant to— 

12 ‘‘(i) the Federal Alcohol Administration 

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

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

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

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

17 this section shall take effect on the earlier of— 

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

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

20 States Code, as amended by this section; or 

21 (2) 2 years after the date of enactment of this 

22 Act. 

23 (d) NO PREEMPTION OF STATE, LOCAL, OR TRIBAL

24 LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR

25 SALES.—Nothing in this section, the amendments made 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 3287 IH

1 by this section, or any regulation promulgated under this 

2 section or the amendments made by this section, shall be 

3 construed to preempt, supersede, or otherwise limit or re4 strict any State, local, or Tribal law that prohibits or regu5 lates the delivery, shipment, or sale of alcoholic beverages. 

6 (e) LIABILITY OF THE UNITED STATES POSTAL

7 SERVICE.—The United States District Courts shall have 

8 jurisdiction to render judgment upon any claim brought 

9 by a State, local, or Tribal government against the United 

10 States Postal Service of a violation of State, local, or Trib11 al law regarding the sale, mailing, transportation, or im12 portation of alcoholic beverages into any State, territory, 

13 or district of the United States. The United States Postal 

14 Service shall be liable in the same manner and to the same 

15 extent as a private individual under like circumstances, 

16 but shall not be liable for interest prior to judgment or 

17 for punitive damages. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS