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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6021 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6021

To prohibit the transportation, sale, and purchase of donkeys or donkey 
       hides for the purpose of producing ejiao, to prohibit the 
 transportation, sale, and purchase of products containing ejiao, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 2023

                Mr. Beyer introduced the following bill

                            October 25, 2023

 Referred to the Committee on Energy and Commerce, and in addition to 
 the Committees on Ways and Means, Foreign Affairs, the Judiciary, and 
  Transportation and Infrastructure, 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 prohibit the transportation, sale, and purchase of donkeys or donkey 
       hides for the purpose of producing ejiao, to prohibit the 
 transportation, sale, and purchase of products containing ejiao, 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 ``Ejiao Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Ejiao is a gelatin created from the skins of donkeys 
        which is used in traditional Chinese medicine, beauty, 
        cosmetic, and other luxury products.
            (2) The donkey skin trade for the production of ejiao is 
        decimating global donkey populations and harming impoverished 
        global communities.
            (3) Studies have shown that the use of ejiao is unnecessary 
        in the production of these products since the gelatins from 
        other sources, including plants, may be used instead.
            (4) Millions of donkeys are slaughtered annually for their 
        skins to make ejiao.
            (5) The domestic Chinese and international demand for 
        donkey skins is approximately 8,000,000 to 10,000,000 skins per 
        year but the annual supply in China is less than 1,800,000.
            (6) Such demand has led to the slaughter of massive numbers 
        of donkeys across the globe, decimating donkey populations, 
        most notably in Africa and Latin America.
            (7) Such demand has had devastating effects on the families 
        who depend on donkeys for survival, such as for farming and 
        construction; transporting water to drink, cook, and clean; 
        taking products to market for sale; and transporting children 
        to school.
            (8) A report by the Kenya Agricultural and Livestock 
        Research Organization said that 159,631 donkeys were 
        slaughtered for their skins, 8.1 percent of the population, in 
        2018. Today, up to 1,000 donkeys a day can be slaughtered in 
        Kenya alone, more than 300,000 a year.
            (9) Donkeys are regularly stolen and killed illegally 
        solely for their skins. Moreover, donkeys are often stolen from 
        families who depend on them for their livelihoods, and who are 
        already struggling and living below the regional poverty line.
            (10) Where owners willingly sell their donkeys, they find 
        that within months they are worse off financially than they 
        would have been had they kept their donkeys. As prices 
        constantly rise, it becomes impossible for these owners to go 
        back into the market for a new donkey.
            (11) Although ejiao products are expensive, as the Chinese 
        middle class has expanded, demand for ejiao products has 
        exploded over the course of the last decade. As a result, the 
        donkey population in China has collapsed by 76 percent since 
        1992.
            (12) Ejiao companies have set up donkey breeding schemes in 
        China in an attempt to breed the species on a scale sufficient 
        to meet local demand. But due to the long gestation period of 
        donkeys, and the fact that they often only give birth once a 
        year, breeders have not been able to satisfy demand from within 
        China, which is why ejiao companies have turned to Africa and 
        Latin America to satisfy demand for ejiao.
            (13) A crisis in donkey populations has been met with 
        varied responses from affected countries. Bans in the trade of 
        donkey skins in seven African countries have been poorly 
        enforced or overturned.
            (14) As demand for ejiao continues unabated, donkey 
        populations in lower-income countries continue to nosedive, 
        despite governmental efforts to outlaw the trade.
            (15) A number of United States-based companies have already 
        pledged to remove from the market all products containing 
        ejiao. Despite this, far too many United States-based companies 
        continue to sell products containing ejiao.
            (16) The leading importers in the world for ejiao are 
        mainland China and Hong Kong. However, the United States is the 
        third largest importer of ejiao, with $12,000,000 in annual 
        imports of ejiao each year.

SEC. 3. PROHIBITIONS.

    (a) Donkeys and Donkey Hides.--No person shall knowingly import, 
export, transport, sell, receive, acquire, or purchase, in interstate 
or foreign commerce, in the United States, any donkey or donkey hide 
for the purpose of producing--
            (1) ejiao; or
            (2) any product containing ejiao.
    (b) Products With Ejiao.--No person shall knowingly import, export, 
transport, sell, receive, acquire, or purchase, in interstate or 
foreign commerce (including by means of the internet), in the United 
States, any product containing ejiao.

SEC. 4. PENALTIES AND SANCTIONS.

    (a) Civil Penalties.--
            (1) In general.--Any person who engages in conduct 
        prohibited by section 3 may be assessed a civil penalty by the 
        Secretary of not more than $10,000 for each such violation. 
        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 occurred, but also in any district in 
        which a person may have taken or been in possession of--
                    (A) in the case of a violation of section 3(a), the 
                donkey or donkey hide; or
                    (B) in the case of a violation of section 3(b), the 
                product containing ejiao.
            (2) 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 violation.
            (3) Determination of amount.--In determining the amount of 
        any penalty assessed under this subsection, the Secretary shall 
        take into account the nature, circumstances, extent, and 
        gravity of the prohibited act committed, and with respect to 
        the violator, the degree of culpability, ability to pay, and 
        such other matters as justice may require.
    (b) Hearings.--Hearings held during proceedings for the assessment 
of civil penalties under this section shall be conducted in accordance 
with section 554 of title 5, United States Code. The administrative law 
judge may issue subpoenas for the attendance and testimony of witnesses 
and the production of relevant papers, books, or documents, and may 
administer oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United States. 
In case of contumacy or refusal to obey a subpoena issued pursuant to 
this subsection and served upon any person, the district court of the 
United States for any district in which such person is found, resides, 
or transacts business, upon application by the United States and after 
notice to such person, 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 judge, or both, and any failure to obey such order 
of the court may be punished by such court as a contempt thereof.
    (c) 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 30 days after the date of such order and by 
simultaneously serving a copy of the complaint by certified mail on the 
Secretary, the Attorney General, and the appropriate United States 
attorney. The Secretary shall promptly file in such court a certified 
copy of the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States Code. 
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 Secretary, 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 penalty, and such court shall have jurisdiction 
to hear and decide any such action. In hearing such action, the court 
shall have authority to review the violation and the assessment of the 
civil penalty de novo.
    (d) Criminal Penalties.--
            (1) Import or export; value in excess of $350.--Any person 
        who--
                    (A) in violation of section 3, knowingly imports or 
                exports--
                            (i) any donkey or donkey hide; or
                            (ii) any product containing ejiao; or
                    (B) violates section 3 by knowingly engaging in 
                conduct that involves the sale or purchase of, the 
                offer of sale or purchase of, or the intent to sell or 
                purchase--
                            (i) any donkey or donkey hide with a market 
                        value in excess of $350; or
                            (ii) any product containing ejiao with a 
                        market value in excess of $350,
        knowing that the donkey, donkey hide, or product containing 
        ejiao was taken, possessed, transported, or sold in violation 
        of such section, shall be fined not more than $20,000 
        (notwithstanding the maximum fine amount otherwise applicable 
        under section 3751 of title 18, United States Code), or 
        imprisoned for not more than 5 years, or both. 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 occurred, but also in any district in which the 
        defendant may have taken or been in possession of such donkey, 
        donkey hide, or product containing ejiao.
            (2) Other prohibited conduct.--Any person who knowingly 
        engages in conduct prohibited by section 3 and in the exercise 
        of due care should know that the donkey, donkey hide, or 
        product containing ejiao was taken, possessed, transported, or 
        sold in violation of such section shall be fined not more than 
        $10,000 (notwithstanding the maximum fine amount otherwise 
        applicable under section 3751 of title 18, United States Code), 
        or imprisoned for not more than 1 year, or both. 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 occurred, but also in any district in which the 
        defendant may have taken or been in possession of such donkey, 
        donkey hide, or product containing ejiao.

SEC. 5. FORFEITURE.

    (a) In General.--
            (1) Donkeys and donkey hides.--All donkeys or donkey hides 
        imported, exported, transported, sold, received, acquired, or 
        purchased contrary to the provisions of section 3(a), or any 
        regulation issued pursuant to such section, shall be subject to 
        forfeiture to the United States notwithstanding any culpability 
        requirements for civil penalty assessment or criminal 
        prosecution included in section 4.
            (2) Products with ejiao.--All products containing ejiao 
        imported, exported, transported, sold, received, acquired, or 
        purchased contrary to the provisions of section 3(b), or any 
        regulation issued pursuant to such section, shall be subject to 
        forfeiture to the United States notwithstanding any culpability 
        requirements for civil penalty assessment or criminal 
        prosecution included in section 4.
            (3) Equipment.--All vessels, vehicles, aircraft, and other 
        equipment used to aid in the importing, exporting, 
        transporting, selling, receiving, acquiring, or purchasing of 
        donkeys, donkey hides, 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--
                    (A) the owner of such vessel, vehicle, aircraft, 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 vessel, vehicle, 
                aircraft, or equipment would be used in a criminal 
                violation of this Act; and
                    (B) the violation involved--
                            (i) the sale or purchase of, the offer of 
                        sale or purchase of, or the intent to sell or 
                        purchase, a donkey or donkey hide; or
                            (ii) the import, export, transportation, 
                        sale, receipt, acquisition, or purchase of a 
                        product containing ejiao.
    (b) Application of Customs Laws.--All provisions of law relating to 
the seizure, forfeiture, and condemnation of property for violation of 
the customs laws, the disposition of such property or the proceeds from 
the sale thereof, and the remission or mitigation of such forfeiture, 
shall apply to the seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act; except that all powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or employee 
of the Treasury Department may, for the purposes of this Act, also be 
exercised or performed by the Secretary or by such persons as the 
Secretary may designate: Provided, That any warrant for search or 
seizure shall be issued in accordance with rule 41 of the Federal Rules 
of Criminal Procedure.
    (c) Storage Cost.--Any person convicted of an offense, or assessed 
a civil penalty, under section 4 shall be liable for the costs incurred 
in the storage, care, and maintenance of any donkey, donkey hide, or 
product containing ejiao seized in connection with the violation 
concerned.
    (d) Civil Forfeitures.--Civil forfeitures under this section shall 
be governed by the provisions of chapter 46 of title 18, United States 
Code.

SEC. 6. ENFORCEMENT.

    (a) In General.--The provisions of this Act and any regulations 
issued pursuant thereto shall be enforced by the Secretary, the 
Secretary of Transportation, or the Secretary of the Treasury. Such 
Secretary may utilize by agreement, with or without reimbursement, the 
personnel, services, and facilities of any other Federal agency or any 
State agency or Indian tribe for purposes of enforcing this Act.
    (b) Powers.--
            (1) In general.--Any person authorized under subsection (a) 
        to enforce this Act--
                    (A) may carry firearms;
                    (B) may, when enforcing this Act, make an arrest 
                without a warrant, in accordance with any guidelines 
                which may be issued by the Attorney General, for any 
                offense under the laws of the United States committed 
                in the person's presence, or for the commission of any 
                felony under the laws of the United States, if the 
                person has reasonable grounds to believe that the 
                person to be arrested has committed or is committing a 
                felony;
                    (C) may search and seize, with or without a 
                warrant, in accordance with any guidelines which may be 
                issued by the Attorney General: Provided, 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 transportation, acquisition, 
                receipt, purchase, or sale of a donkey, donkey hide, or 
                product containing ejiao taken or possessed in 
                violation of any law or regulation of any State shall 
                require a warrant;
                    (D) 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 view; and
                    (E) may execute and serve any subpoena, arrest 
                warrant, search warrant issued in accordance with rule 
                41 of the Federal Rules of Criminal Procedure, or other 
                warrant of civil or criminal process issued by any 
                officer or court of competent jurisdiction for 
                enforcement of this Act.
            (2) Detention and inspection.--Any person authorized under 
        subsection (a) to enforce this Act, in coordination with the 
        Secretary of the Treasury, may detain for inspection and 
        inspect any vessel, vehicle, aircraft, or other conveyance or 
        any package, crate, or other container, including its contents, 
        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 waters, or, if 
        such conveyance or container is being used for exportation 
        purposes, prior to departure from the United States or the 
        customs waters of the United States. Such person may also 
        inspect and demand the production of any documents and permits 
        required by the country of natal origin, birth, or reexport of 
        the donkey. Any donkey, donkey hide, product containing ejiao, 
        property, or item seized shall be held by any person authorized 
        by the Secretary pending disposition of civil or criminal 
        proceedings, or the institution of an action in rem for 
        forfeiture of such donkey, donkey hide, product containing 
        ejiao, property, or item pursuant to section 5 of this Act; 
        except that the Secretary may, in lieu of holding such donkey, 
        donkey hide, product containing ejiao, property, or item, 
        permit the owner or consignee to post a bond or other surety 
        satisfactory to the Secretary.
    (c) District Court Jurisdiction.--The several district courts of 
the United States, including the courts enumerated in section 460 of 
title 28, United States Code, shall have jurisdiction over any actions 
arising under this Act. The venue provisions of title 18 and title 28 
of the United States Code shall apply to any actions arising under this 
Act. The judges of the district courts of the United States and the 
United States magistrates may, within their respective jurisdictions, 
upon proper oath or affirmation showing probable cause, issue such 
warrants or other process as may be required for enforcement of this 
Act and any regulations issued thereunder.
    (d) Rewards and Certain Incidental Expenses.--
            (1) In general.--The Secretary or the Secretary of the 
        Treasury shall pay, from sums received as penalties, fines, or 
        forfeitures of property for any violation of this Act or any 
        regulation issued hereunder--
                    (A) a reward to any person who furnishes 
                information which leads to an arrest, a criminal 
                conviction, civil penalty assessment, or forfeiture of 
                property for any violation of this Act or any 
                regulation issued hereunder; and
                    (B) 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 donkey.
            (2) Amount.--The amount of the reward referred to in 
        paragraph (1)(A), if any, is to be designated by the Secretary 
        or the Secretary of the Treasury, as appropriate.
            (3) 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 
        subsection.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Donkey.--The term ``donkey'' means a wild, feral, or 
        domestic donkey, ass, mule, burro, or hinny, including Equus 
        africanus and Equus asinus.
            (2) Ejiao.--The term ``ejiao'' means a gelatin created from 
        the skin of a donkey (also known as ``gelatina nigra'').
            (3) Import.--The term ``import'' means to land on, bring 
        into, or introduce into, any place subject to the jurisdiction 
        of the United States, whether or not such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            (4) Secretary.--The term ``Secretary'' means, except as 
        otherwise provided, the Secretary of Commerce.
            (5) Taken.--The term ``taken'' means captured, killed, or 
        collected.
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