[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1663 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1663

  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 SENATE OF THE UNITED STATES

                              May 17, 2021

  Mr. Merkley introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    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. SHIPPING OF ALCOHOLIC BEVERAGES.

    (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) 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'' after ``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' has the meaning 
                given the term in section 203 of the Federal Alcohol 
                Administration Act (27 U.S.C. 214); and
                    ``(B) the term `covered entity' means an entity 
                (including a winery, brewery, or 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 a notice or an application from, the 
                Secretary of the Treasury pursuant to--
                            ``(i) the Federal Alcohol Administration 
                        Act (27 U.S.C. 201 et seq.); or
                            ``(ii) chapter 51 of the Internal Revenue 
                        Code of 1986 (26 U.S.C. 5001 et seq.).''.
    (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'' has the meaning 
                given the term in section 203 of the Federal Alcohol 
                Administration Act (27 U.S.C. 214);
                    (B) the term ``Postal Service'' means the United 
                States Postal Service; and
                    (C) the term ``State'' means each of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, and any other territory or possession of 
                the United States.
            (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.
                                 <all>