United States Postal Service Shipping Equity Act

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. Short title This Act may be cited as the United States Postal Service Shipping Equity Act 2. Shipping of alcoholic beverages (a) Mailability (1) Nonmailable articles Section 1716(f) of title 18, United States Code, is amended by striking mails 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 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 27 U.S.C. 214 (B) the term covered entity (i) the Federal Alcohol Administration Act ( 27 U.S.C. 201 (ii) chapter 51 26 U.S.C. 5001 . (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 27 U.S.C. 214 (B) the term Postal Service (C) the term State (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.

Summary: United States Postal Service Shipping Equity Act This bill authorizes the mailing of alcoholic beverages by certain entities in accordance with the delivery requirements otherwise applicable to a privately carried shipment. The authorization applies to an entity (including a winery, brewery, 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 an application from the Department of the Treasury. The bill directs the U.S. Postal Service (USPS) to prescribe regulations (1) requiring direct delivery to a duly authorized agent at a postal facility or to the addressee, who must be at least 21 years of age and present a valid, government-issued photo identification at the time of delivery; (2) prohibiting such alcoholic beverages from being for resale or any other commercial purpose; and (3) requiring such entity to certify that the mailing is not in violation of applicable laws or regulations and to provide other information as directed by the USPS. A state, local, or tribal government may bring a civil action against the USPS in U.S. district court for a violation of a law of the state, locality, or tribe regarding the sale, mailing, transportation, or importation of alcoholic beverages. The USPS shall be liable 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.