,i #aahth ,,congress #ast ,session ,h4 ,r4 #fjba ,,in ,,the ,,house ,,of ,,representatives ,october #bd1 #bjbc ,mr4 ,beyer introduced the following bill ,october #be1 #bjbc ,referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,foreign ,affairs1 the ,judiciary1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit the transportation1 sale1 and purchase of donkeys or donkey hides for the purpose of producing ejiao1 to prohibit the transportation1 sale1 and purchase of products containing ejiao1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ejiao ,act of #bjbc4 #b4 ,findings ,congress finds the following3 7#a7 ,ejiao is a gelatin created from the skins of donkeys which is used in traditional ,chinese medicine1 beauty1 cosmetic1 and other luxury products4 7#b7 ,the donkey skin trade for the production of ejiao is decimating global donkey populations and harming impoverished global communities4 7#c7 ,studies have shown that the use of ejiao is unnecessary in the production of these products since the gelatins from other sources1 including plants1 may be used instead4 7#d7 ,millions of donkeys are slaughtered annually for their skins to make ejiao4 7#e7 ,the domestic ,chinese and international demand for donkey skins is approximately #h1jjj1jjj to #aj1jjj1jjj skins per year but the annual supply in ,china is less than #a1hjj1jjj4 7#f7 ,such demand has led to the slaughter of massive numbers of donkeys across the globe1 decimating donkey populations1 most notably in ,africa and ,latin ,america4 7#g7 ,such demand has had devastating effects on the families who depend on donkeys for survival1 such as for farming and construction2 transporting water to drink1 cook1 and clean2 taking products to market for sale2 and transporting children to school4 7#h7 ,a report by the ,kenya ,agricultural and ,livestock ,research ,organization said that #aei1fca donkeys were slaughtered for their skins1 #h4a percent of the population1 in #bjah4 ,today1 up to #a1jjj donkeys a day can be slaughtered in ,kenya alone1 more than #cjj1jjj a year4 7#i7 ,donkeys are regularly stolen and killed illegally solely for their skins4 ,moreover1 donkeys are often stolen from families who depend on them for their livelihoods1 and who are already struggling and living below the regional poverty line4 7#aj7 ,where owners willingly sell their donkeys1 they find that within months they are worse off financially than they would have been had they kept their donkeys4 ,as prices constantly rise1 it becomes impossible for these owners to go back into the market for a new donkey4 7#aa7 ,although ejiao products are expensive1 as the ,chinese middle class has expanded1 demand for ejiao products has exploded over the course of the last decade4 ,as a result1 the donkey population in ,china has collapsed by #gf percent since #aiib4 7#ab7 ,ejiao companies have set up donkey breeding schemes in ,china in an attempt to breed the species on a scale sufficient to meet local demand4 ,but due to the long gestation period of donkeys1 and the fact that they often only give birth once a year1 breeders have not been able to satisfy demand from within ,china1 which is why ejiao companies have turned to ,africa and ,latin ,america to satisfy demand for ejiao4 7#ac7 ,a crisis in donkey populations has been met with varied responses from affected countries4 ,bans in the trade of donkey skins in seven ,african countries have been poorly enforced or overturned4 7#ad7 ,as demand for ejiao continues unabated1 donkey populations in lower-income countries continue to nosedive1 despite governmental efforts to outlaw the trade4 7#ae7 ,a number of ,united ,states-based companies have already pledged to remove from the market all products containing ejiao4 ,despite this1 far too many ,united ,states-based companies continue to sell products containing ejiao4 7#af7 ,the leading importers in the world for ejiao are mainland ,china and ,hong ,kong4 ,however1 the ,united ,states is the third largest importer of ejiao1 with #ab1jjj1jjj in annual imports of ejiao each year4 #c4 ,prohibitions 7a7 ,donkeys and donkey hides ,no person shall knowingly import1 export1 transport1 sell1 receive1 acquire1 or purchase1 in interstate or foreign commerce1 in the ,united ,states1 any donkey or donkey hide for the purpose of producing-- 7#a7 ejiao2 or 7#b7 any product containing ejiao4 7b7 ,products with ejiao ,no person shall knowingly import1 export1 transport1 sell1 receive1 acquire1 or purchase1 in interstate or foreign commerce 7including by means of the internet71 in the ,united ,states1 any product containing ejiao4 #d4 ,penalties and sanctions 7a7 ,civil penalties 7#a7 ,in general ,any person who engages in conduct prohibited by section #c may be assessed a civil penalty by the ,secretary of not more than #aj1jjj for each such violation4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any district in which a person may have taken or been in possession of-- 7,a7 in the case of a violation of section #c7;a71 the donkey or donkey hide2 or 7,b7 in the case of a violation of section #c7;b71 the product containing ejiao4 7#b7 ,notice and opportunity for hearing ,no civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation4 7#c7 ,determination of amount ,in determining the amount of any penalty assessed under this subsection1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited act committed1 and with respect to the violator1 the degree of culpability1 ability to pay1 and such other matters as justice may require4 7b7 ,hearings ,hearings held during proceedings for the assessment of civil penalties under this section shall be conducted in accordance with section #eed of title #e1 ,united ,states ,code4 ,the administrative law judge may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 books1 or documents1 and may administer oaths4 ,witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the ,united ,states4 ,in case of contumacy or refusal to obey a subpoena issued pursuant to this subsection and served upon any person1 the district court of the ,united ,states for any district in which such person is found1 resides1 or transacts business1 upon application by the ,united ,states and after notice to such person1 shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge1 or both1 and any failure to obey such order of the court may be punished by such court as a contempt thereof4 7c7 ,review of civil penalty ,any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the ,united ,states by filing a complaint in such court within #cj days after the date of such order and by simultaneously serving a copy of the complaint by certified mail on the ,secretary1 the ,attorney ,general1 and the appropriate ,united ,states attorney4 ,the ,secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed1 as provided in section #baab of title #bh1 ,united ,states ,code4 ,if any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the ,secretary1 the ,secretary may request the ,attorney ,general of the ,united ,states to institute a civil action in an appropriate district court of the ,united ,states to collect the penalty1 and such court shall have jurisdiction to hear and decide any such action4 ,in hearing such action1 the court shall have authority to review the violation and the assessment of the civil penalty de novo4 7d7 ,criminal penalties 7#a7 ,import or export2 value in excess of #cej ,any person who-- 7,a7 in violation of section #c1 knowingly imports or exports-- 7i7 any donkey or donkey hide2 or 7ii7 any product containing ejiao2 or 7,b7 violates section #c by knowingly engaging in conduct that involves the sale or purchase of1 the offer of sale or purchase of1 or the intent to sell or purchase-- 7i7 any donkey or donkey hide with a market value in excess of #cej2 or 7ii7 any product containing ejiao with a market value in excess of #cej1 knowing that the donkey1 donkey hide1 or product containing ejiao was taken1 possessed1 transported1 or sold in violation of such section1 shall be fined not more than #bj1jjj 7notwithstanding the maximum fine amount otherwise applicable under section #cgea of title #ah1 ,united ,states ,code71 or imprisoned for not more than #e years1 or both4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any district in which the defendant may have taken or been in possession of such donkey1 donkey hide1 or product containing ejiao4 7#b7 ,other prohibited conduct ,any person who knowingly engages in conduct prohibited by section #c and in the exercise of due care should know that the donkey1 donkey hide1 or product containing ejiao was taken1 possessed1 transported1 or sold in violation of such section shall be fined not more than #aj1jjj 7notwithstanding the maximum fine amount otherwise applicable under section #cgea of title #ah1 ,united ,states ,code71 or imprisoned for not more than #a year1 or both4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any district in which the defendant may have taken or been in possession of such donkey1 donkey hide1 or product containing ejiao4 #e4 ,forfeiture 7a7 ,in general 7#a7 ,donkeys and donkey hides ,all donkeys or donkey hides imported1 exported1 transported1 sold1 received1 acquired1 or purchased contrary to the provisions of section #c7;a71 or any regulation issued pursuant to such section1 shall be subject to forfeiture to the ,united ,states notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section #d4 7#b7 ,products with ejiao ,all products containing ejiao imported1 exported1 transported1 sold1 received1 acquired1 or purchased contrary to the provisions of section #c7;b71 or any regulation issued pursuant to such section1 shall be subject to forfeiture to the ,united ,states notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section #d4 7#c7 ,equipment ,all vessels1 vehicles1 aircraft1 and other equipment used to aid in the importing1 exporting1 transporting1 selling1 receiving1 acquiring1 or purchasing of donkeys1 donkey hides1 or products containing ejiao in a criminal violation of this ,act for which a felony conviction is obtained shall be subject to forfeiture to the ,united ,states if-- 7,a7 the owner of such vessel1 vehicle1 aircraft1 or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel1 vehicle1 aircraft1 or equipment would be used in a criminal violation of this ,act2 and 7,b7 the violation involved-- 7i7 the sale or purchase of1 the offer of sale or purchase of1 or the intent to sell or purchase1 a donkey or donkey hide2 or 7ii7 the import1 export1 transportation1 sale1 receipt1 acquisition1 or purchase of a product containing ejiao4 7b7 ,application of customs laws ,all provisions of law relating to the seizure1 forfeiture1 and condemnation of property for violation of the customs laws1 the disposition of such property or the proceeds from the sale thereof1 and the remission or mitigation of such forfeiture1 shall apply to the seizures and forfeitures incurred1 or alleged to have been incurred1 under the provisions of this ,act1 insofar as such provisions of law are applicable and not inconsistent with the provisions of this ,act2 except that all powers1 rights1 and duties conferred or imposed by the customs laws upon any officer or employee of the ,treasury ,department may1 for the purposes of this ,act1 also be exercised or performed by the ,secretary or by such persons as the ,secretary may designate3 ,provided1 ,that any warrant for search or seizure shall be issued in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure4 7c7 ,storage cost ,any person convicted of an offense1 or assessed a civil penalty1 under section #d shall be liable for the costs incurred in the storage1 care1 and maintenance of any donkey1 donkey hide1 or product containing ejiao seized in connection with the violation concerned4 7d7 ,civil forfeitures ,civil forfeitures under this section shall be governed by the provisions of chapter #df of title #ah1 ,united ,states ,code4 #f4 ,enforcement 7a7 ,in general ,the provisions of this ,act and any regulations issued pursuant thereto shall be enforced by the ,secretary1 the ,secretary of ,transportation1 or the ,secretary of the ,treasury4 ,such ,secretary may utilize by agreement1 with or without reimbursement1 the personnel1 services1 and facilities of any other ,federal agency or any ,state agency or ,indian tribe for purposes of enforcing this ,act4 7b7 ,powers 7#a7 ,in general ,any person authorized under subsection 7a7 to enforce this ,act-- 7,a7 may carry firearms2 7,b7 may1 when enforcing this ,act1 make an arrest without a warrant1 in accordance with any guidelines which may be issued by the ,attorney ,general1 for any offense under the laws of the ,united ,states committed in the person's presence1 or for the commission of any felony under the laws of the ,united ,states1 if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony2 7,c7 may search and seize1 with or without a warrant1 in accordance with any guidelines which may be issued by the ,attorney ,general3 ,provided1 ,that an arrest for a felony violation of this ,act that is not committed in the presence or view of any such person and that involves only the transportation1 acquisition1 receipt1 purchase1 or sale of a donkey1 donkey hide1 or product containing ejiao taken or possessed in violation of any law or regulation of any ,state shall require a warrant2 7,d7 may make an arrest without a warrant for a misdemeanor violation of this ,act if he has reasonable grounds to believe that the person to be arrested is committing a violation in his presence or view2 and 7,e7 may execute and serve any subpoena1 arrest warrant1 search warrant issued in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure1 or other warrant of civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this ,act4 7#b7 ,detention and inspection ,any person authorized under subsection 7a7 to enforce this ,act1 in coordination with the ,secretary of the ,treasury1 may detain for inspection and inspect any vessel1 vehicle1 aircraft1 or other conveyance or any package1 crate1 or other container1 including its contents1 upon the arrival of such conveyance or container in the ,united ,states or the customs waters of the ,united ,states from any point outside the ,united ,states or such customs waters1 or1 if such conveyance or container is being used for exportation purposes1 prior to departure from the ,united ,states or the customs waters of the ,united ,states4 ,such person may also inspect and demand the production of any documents and permits required by the country of natal origin1 birth1 or reexport of the donkey4 ,any donkey1 donkey hide1 product containing ejiao1 property1 or item seized shall be held by any person authorized by the ,secretary pending disposition of civil or criminal proceedings1 or the institution of an action in rem for forfeiture of such donkey1 donkey hide1 product containing ejiao1 property1 or item pursuant to section #e of this ,act2 except that the ,secretary may1 in lieu of holding such donkey1 donkey hide1 product containing ejiao1 property1 or item1 permit the owner or consignee to post a bond or other surety satisfactory to the ,secretary4 7c7 ,district court jurisdiction ,the several district courts of the ,united ,states1 including the courts enumerated in section #dfj of title #bh1 ,united ,states ,code1 shall have jurisdiction over any actions arising under this ,act4 ,the venue provisions of title #ah and title #bh of the ,united ,states ,code shall apply to any actions arising under this ,act4 ,the judges of the district courts of the ,united ,states and the ,united ,states magistrates may1 within their respective jurisdictions1 upon proper oath or affirmation showing probable cause1 issue such warrants or other process as may be required for enforcement of this ,act and any regulations issued thereunder4 7d7 ,rewards and certain incidental expenses 7#a7 ,in general ,the ,secretary or the ,secretary of the ,treasury shall pay1 from sums received as penalties1 fines1 or forfeitures of property for any violation of this ,act or any regulation issued hereunder-- 7,a7 a reward to any person who furnishes information which leads to an arrest1 a criminal conviction1 civil penalty assessment1 or forfeiture of property for any violation of this ,act or any regulation issued hereunder2 and 7,b7 the reasonable and necessary costs incurred by any person in providing temporary care for any donkey pending the disposition of any civil or criminal proceeding alleging a violation of this ,act with respect to that donkey4 7#b7 ,amount ,the amount of the reward referred to in paragraph 7#a77;,a71 if any1 is to be designated by the ,secretary or the ,secretary of the ,treasury1 as appropriate4 7#c7 ,ineligibility ,any officer or employee of the ,united ,states or any ,state or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection4 #g4 ,definitions ,in this ,act3 7#a7 ,donkey ,the term donkey means a wild1 feral1 or domestic donkey1 ass1 mule1 burro1 or hinny1 including ,equus africanus and ,equus asinus4 7#b7 ,ejiao ,the term ejiao means a gelatin created from the skin of a donkey 7also known as gelatina nigra74 7#c7 ,import ,the term import means to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 whether or not such landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#d7 ,secretary ,the term ,secretary means1 except as otherwise provided1 the ,secretary of ,commerce4 7#e7 ,taken ,the term taken means captured1 killed1 or collected4