[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5069 Introduced in Senate (IS)]

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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.

    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)(1) 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) 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 alcohol beverage 
                taxes.
    ``(3) For purposes of this subsection--
            ``(A) the term `alcoholic beverage' has the meaning given 
        such 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 
        issues regulations under section 3001(p) of title 39, United 
        States Code, as added by subsection (b); or
            (2) the date that is 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 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.
    (e) Liability of the United States Postal Service.--Any district 
court of the United States 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 
Tribal law relating to the sale, mailing, transportation, or 
importation 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.
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