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.