II 

118TH CONGRESS 

2D SESSION S. 5069 

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 

SEPTEMBER 17, 2024 

Mr. MERKLEY (for himself, Mrs. GILLIBRAND, Mr. WELCH, and Mrs. MURRAY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Postal 

5 Service Shipping Equity Act’’. 

6 SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES. 

7 (a) MAILABILITY.— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5069 IS

1 (1) NONMAILABLE ARTICLES.—Section 1716(f) 

2 of title 18, United States Code, is amended by strik3 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex4 tent that the mailing is allowable under section 

5 3001(p) of title 39’’. 

6 (2) ALCOHOLIC BEVERAGES.—Section 1154(a) 

7 of title 18, United States Code, is amended, by in8 serting ‘‘or, with respect to the mailing of alcoholic 

9 beverages to the extent allowed under section 

10 3001(p) of title 39’’ after ‘‘mechanical purposes’’. 

11 (b) REGULATIONS.—Section 3001 of title 39, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(p)(1) Alcoholic beverages shall be considered mail15 able if mailed— 

16 ‘‘(A) by a covered entity in accordance with ap17 plicable regulations under paragraph (2); and 

18 ‘‘(B) in accordance with the delivery require19 ments otherwise applicable to a privately carried 

20 shipment of an alcoholic beverage in the State, terri21 tory, or district of the United States where the ad22 dressee or duly authorized agent takes delivery. 

23 ‘‘(2) The Postal Service shall prescribe such regula24 tions as may be necessary to carry out this subsection, 

25 including regulations providing that— 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5069 IS

1 ‘‘(A) the mailing shall be by a means estab2 lished by the Postal Service to ensure direct delivery 

3 to the addressee or a duly authorized agent at a 

4 postal facility; 

5 ‘‘(B) the addressee (and any duly authorized 

6 agent) shall be an individual at least 21 years of 

7 age, and shall present a valid, Government-issued 

8 photo identification at the time of delivery; 

9 ‘‘(C) the alcoholic beverage may not be for re10 sale or other commercial purpose; and 

11 ‘‘(D) the covered entity involved shall— 

12 ‘‘(i) certify in writing to the satisfaction of 

13 the Postal Service, through a registration proc14 ess administered by the Postal Service, that the 

15 mailing is not in violation of any provision of 

16 this subsection or regulation prescribed under 

17 this subsection; and 

18 ‘‘(ii) provide any other information or af19 firmation that the Postal Service may require, 

20 including with respect to the prepayment of 

21 State alcohol beverage taxes. 

22 ‘‘(3) For purposes of this subsection— 

23 ‘‘(A) the term ‘alcoholic beverage’ has the 

24 meaning given such term in section 203 of the FedVerDate Sep 11 2014 22:55 Sep 20, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5069.IS S5069

ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5069 IS

1 eral Alcohol Administration Act (27 U.S.C. 214); 

2 and 

3 ‘‘(B) the term ‘covered entity’ means an entity 

4 (including a winery, brewery, or beverage distilled 

5 spirits plant, or other wholesaler, distributer, im6 porter, or retailer of alcoholic beverages) that has 

7 registered with, obtained a permit from, or obtained 

8 approval of a notice or an application from, the Sec9 retary of the Treasury pursuant to— 

10 ‘‘(i) the Federal Alcohol Administration 

11 Act (27 U.S.C. 201 et seq.); or 

12 ‘‘(ii) Chapter 51 of the Internal Revenue 

13 Code of 1986 (26 U.S.C. 5001 et seq.).’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the earlier of— 

16 (1) the date on which the United States Postal 

17 Service issues regulations under section 3001(p) of 

18 title 39, United States Code, as added by subsection 

19 (b); or 

20 (2) the date that is 2 years after the date of en21 actment of this Act. 

22 (d) NO PREEMPTION OF STATE, LOCAL, OR TRIBAL

23 LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR

24 SALES.—Nothing in this section, the amendments made 

25 by this section, or any regulation promulgated under this 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 5069 IS

1 section or the amendments made by this section, shall be 

2 construed to preempt, supersede, or otherwise limit or re3 strict any State, local, or Tribal law that prohibits or regu4 lates the delivery, shipment, or sale of alcoholic beverages. 

5 (e) LIABILITY OF THE UNITED STATES POSTAL

6 SERVICE.—Any district court of the United States shall 

7 have jurisdiction to render judgment upon any claim 

8 brought by a State, local, or Tribal government against 

9 the United States Postal Service of a violation of State, 

10 local, or Tribal law relating to the sale, mailing, transpor11 tation, or importation of alcoholic beverages into any 

12 State, territory, or district of the United States. The 

13 United States Postal Service shall be liable in the same 

14 manner and to the same extent as a private individual 

15 under like circumstances, but shall not be liable for inter16 est prior to judgment or for punitive damages. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS