119-hr5544

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5544 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5544

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

 September 23, 2025

 Mr. Beyer (for himself, Mr. Steube, Ms. Titus, Mr. Fitzpatrick, Mr. 
 Gottheimer, and Mr. Carson) introduced the following bill; which was 
 referred to the Committee on Ways and Means, and in addition to the 
 Committees on Natural Resources, Foreign Affairs, Homeland Security, 
 and the Judiciary, 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 2025''.

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) In February 2024, the African Union adopted a 
 moratorium on the donkey skin trade, signaling a potential end 
 to the legal slaughter of hundreds of thousands of donkeys 
 within the continent. The moratorium now needs to be 
 implemented at the national level by the members of the African 
 Union. This implies potential growth in the illegal trade and 
 expansion into other markets in Asia and Latin America.

    (16) The leading importers in the world for ejiao are Hong 
 Kong and Japan. 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.
            (c) Rule of Construction.--The prohibitions under this section may 
not be construed to alter or otherwise affect any prohibition or other 
protection with respect to a species of donkey listed as a threatened 
species or an endangered species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

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 
 Commissioner of U.S. Customs and Border Protection 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) Determination of amount.--In determining the amount of 
 any penalty assessed under this subsection, the Commissioner 
 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, and shall apply 
 existing procedures relating to the assessment and mitigation 
 of penalties of violations of 

section 596 of the Tariff Act of 
 1930 (19 U.S.C. 1595a) as the Commissioner determines 
 appropriate.

    (b) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under this section may obtain review thereof in the 
Court of International Trade 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 Commissioner, the 
Attorney General, and the appropriate United States attorney. The 
Commissioner 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 Commissioner, the Commissioner 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.
            (c) 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 U.S. Customs and Border Protection may, for the purposes of this 
Act, also be exercised or performed by the Secretary of Homeland 
Security or by such persons as that Secretary may designate.
            (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 U.S. Customs and Border 
Protection and the Secretary of the Interior. The Secretary of Homeland 
Security, the Secretary of Agriculture, or the Secretary of Interior 
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, in accordance with 
 applicable warrant requirements applying with respect 
 to officers of U.S. Customs and Border Protection 
 relating to searches at the border or elsewhere and 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 
 Commissioner of U.S. Customs and Border Protection, 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 Commissioner 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 Commissioner 
 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 
 Commissiner.
            (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 criminal 
action arising under this Act. The venue provisions of title 18 and 
title 28 of the United States Code shall apply to any criminal action 
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 Commissioner of U.S. Customs and 
 Border Protection, or the Secretary of the Interior, 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, in an amount designated by the 
 Commissioner or Secretary, as applicable, 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) 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'' has the meaning given such 
 term for purposes of 

section 596 of the Tariff Act of 1930 (19 
 U.S.C. 1595a) and include any introduction or attempt to 
 introduce an article into the United States.

    (4) Taken.--The term ``taken'' means captured, killed, or 
 collected.
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