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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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. WINE AND BEER SHIPPING. 
(a) MAILABILITY.— 
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(1) NONMAILABLE ARTICLES.—Section 1716(f) 
of title 18, United States Code, is amended by strik-
ing ‘‘mails’’ and inserting ‘‘mails, except to the ex-
tent that the mailing is allowable under section 
3001(p) of title 39’’. 
(2) INTOXICANTS.—Section 1154(a) of title 18, 
United States Code, is amended, by inserting ‘‘or, 
with respect to the mailing of wine or malt bev-
erages, 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 fol-
lowing: 
‘‘(p)(1) Wine or malt beverages shall be considered 
mailable if mailed— 
‘‘(A) by a licensed winery or brewery, in accord-
ance with applicable regulations under paragraph 
(2); and 
‘‘(B) in accordance with the law of the State, 
territory, or district of the United States where the 
addressee or duly authorized agent takes delivery. 
‘‘(2) The Postal Service shall prescribe such regula-
tions as may be necessary to carry out this subsection, 
including regulations providing that— 
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‘‘(A) the mailing shall be by a means estab-
lished 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 wine or malt beverages may not be for 
resale or other commercial purpose; and 
‘‘(D) the winery or brewery involved shall— 
‘‘(i) certify in writing to the satisfaction of 
the Postal Service, through a registration proc-
ess 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 af-
firmation that the Postal Service may require, 
including with respect to the prepayment of 
State alcohol beverage taxes. 
‘‘(3) For purposes of this subsection— 
‘‘(A) a winery shall be considered to be licensed 
if that winery holds an appropriate basic permit 
issued— 
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‘‘(i) under the Federal Alcohol Administra-
tion Act (27 U.S.C. 201 et seq.); and 
‘‘(ii) under the law of the State in which 
the winery is located; and 
‘‘(B) a brewery shall be considered to be li-
censed if that brewery— 
‘‘(i) possesses a notice of registration and 
bond approved by the Alcohol and Tobacco Tax 
and Trade Bureau of the Department of the 
Treasury; and 
‘‘(ii) is licensed to manufacture and sell 
beer in the State in which the brewery is lo-
cated.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the earlier of— 
(1) the date on which the Postal Service issues 
regulations under section 3001(p) of title 39, United 
States Code, as amended by this section; or 
(2) 120 days after the date of enactment of this 
Act. 
Æ 
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