[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1718 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives 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.--
            (1) Nonmailable articles.--Section 1716(f) of title 18, 
        United States Code, is amended by striking ``mails'' and 
        inserting ``mails, except to the extent 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 beverages, 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 following:
    ``(p)(1) Wine or malt beverages shall be considered mailable if 
mailed--
            ``(A) by a licensed winery or brewery, in accordance 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 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 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 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 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--
                    ``(i) under the Federal Alcohol Administration 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 licensed 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 located.''.
    (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.
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