H.R. 1718 – Reading Mode

113th CONGRESS

1st Session

H. R. 1718

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.

Short title

This Act may be cited as the United States Postal Service Shipping Equity Act.

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.