I 
118TH CONGRESS 
1ST SESSION H. R. 3721 
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 HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Mr. NEWHOUSE (for himself, Ms. WEXTON, Ms. BONAMICI, Ms. NORTON, Mr. 
GRIJALVA, Mrs. CHAVEZ-DEREMER, Ms. LOFGREN, Mr. CLEAVER, Ms. 
MACE, Ms. HOYLE of Oregon, and Mr. BEYER) introduced the following 
bill; which was referred to the Committee on Oversight and Account-
ability, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 alcoholic beverages, and for other 
purposes. 
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’’. 
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SEC. 2. SHIPPING OF ALCOHOLIC BEVERAGES. 
(a) MAILABILITY.— 
(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) ALCOHOLIC BEVERAGES.—Section 1154(a) 
of title 18, United States Code, is amended, by in-
serting ‘‘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 fol-
lowing: 
‘‘(p)(1) Alcoholic beverages shall be considered mail-
able if mailed— 
‘‘(A) by a covered entity in accordance with ap-
plicable regulations under paragraph (2); and 
‘‘(B) in accordance with the delivery require-
ments otherwise applicable to a privately carried 
shipment of an alcoholic beverage in the State, terri-
tory, or district of the United States where the ad-
dressee or duly authorized agent takes delivery. 
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‘‘(2) The Postal Service shall prescribe such regula-
tions as may be necessary to carry out this subsection, 
including regulations providing that— 
‘‘(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 alcoholic beverage may not be for re-
sale 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 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— 
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‘‘(A) the term ‘alcoholic beverage’ has the 
meaning given such term in section 203 of the Fed-
eral 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, im-
porter, or retailer of alcoholic beverages) that has 
registered with, obtained a permit from, or obtained 
approval of a notice or an application from, the Sec-
retary 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 Postal Service issues 
regulations under section 3001(p) of title 39, United 
States Code, as amended by this section; or 
(2) 2 years after the date of enactment of this 
Act. 
(d) NO PREEMPTION OF STATE, LOCAL, OR TRIBAL 
LAWS
PROHIBITING
DELIVERIES, 
SHIPMENTS, 
OR 
SALES.—Nothing in this section, the amendments made 
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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 re-
strict any State, local, or Tribal law that prohibits or regu-
lates the delivery, shipment, or sale of alcoholic beverages. 
(e) LIABILITY
OF
THE UNITED STATES POSTAL 
SERVICE.—The United States District Courts shall have 
jurisdiction to render judgment upon any claim brought 
by a State, local, or Tribal government against the United 
States Postal Service of a violation of State, local, or Trib-
al law regarding the sale, mailing, transportation, or im-
portation of alcoholic beverages into any State, territory, 
or district of the United States. The United States Postal 
Service shall be liable in the same manner and to the same 
extent as a private individual under like circumstances, 
but shall not be liable for interest prior to judgment or 
for punitive damages. 
Æ 
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