Better CARE for Animals Act of 2025
- Bill Number
- S. 1538
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Animals
- Status
- Introduced
- Latest Action
- 2025-04-30: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- Last Updated
- 2025-12-19T12:03:16Z
AI-Generated Summary
Purpose
The Better Collaboration, Accountability, and Regulatory Enforcement for Animals Act of 2025 (S. 1538) aims to strengthen the enforcement of the Animal Welfare Act (AWA) by expanding the role of the U.S. Attorney General in addressing violations, improving coordination with the Department of Agriculture (USDA), and providing tools for quicker and more effective protection of animals in commerce. It seeks to close gaps in current enforcement by allowing civil actions, animal seizures, and higher penalties for violations of the AWA and its rules.
Key Provisions
- Definitions and Licensing (Amendments to Sections 2 and 4 of the AWA): Updates definitions for clarity and alphabetical organization. Prohibits dealers or exhibitors from buying, selling, transporting, or exhibiting animals in commerce without a valid, unsuspended USDA license.
- Investigations and Inspections (Amendment to Section 16(c)): Expands USDA's authority to enforce, prevent, and restrain violations of the AWA, including any rules, standards, or regulations issued under it.
- Civil Penalties and Rewards (Amendments to Section 19): Broadens penalties to cover violations of AWA rules and regulations. Adds a new subsection allowing penalties or fines collected by USDA or the Attorney General to fund temporary care costs for animals involved in violation cases.
- Enforcement by Attorney General (New Section 20):
- Authorizes the Attorney General to file civil lawsuits in federal court for relief, including temporary restraining orders, injunctions (e.g., for animal removal), license revocations, and penalties up to $10,000 per violation per day.
- Allows seizure and forfeiture of animals subjected to AWA violations, following procedures in federal criminal code (18 U.S.C. Chapter 46). Violators may be charged fees for the government's costs in caring for seized animals.
- Permits federal judges and magistrate judges to issue warrants for enforcement based on probable cause.
- Includes a "savings clause" ensuring actions by the Attorney General do not limit USDA's authority, and vice versa.
- Injunctions (Amendment to Section 29(b)): Removes the USDA Secretary's sole authority to seek injunctions, allowing broader federal involvement.
- Severability (New Section 30): Ensures that if any part of the AWA is ruled invalid, the rest remains in effect.
- Memorandum of Understanding (MOU): Requires the USDA Secretary to enter an MOU with the Attorney General within 180 days of enactment to coordinate enforcement, including sharing information on repeat violators affecting animal health.
- Sense of Congress (Section 3): Affirms that federal courts have jurisdiction over AWA violations, including those of related rules and regulations, and that the Attorney General can prosecute such cases.
Significant Changes to Existing Law
- Expanded Attorney General Role: Previously, enforcement was primarily handled by USDA through administrative actions; this bill introduces direct civil enforcement powers for the Attorney General, including lawsuits, injunctions, and daily penalties, shifting some responsibility from USDA to the Department of Justice (DOJ).
- Animal Seizure and Forfeiture: Introduces a new mechanism for immediate seizure of mistreated animals under civil proceedings, modeled on criminal forfeiture laws, which was not explicitly available before.
- Penalty Funding for Animal Care: Diverts collected fines to cover care costs for seized animals, incentivizing whistleblowers or rescuers by reimbursing their expenses.
- Broader Coverage of Rules: Explicitly extends enforcement, penalties, and jurisdiction to AWA rules, standards, and regulations, clarifying ambiguities in the original law.
- Coordination Requirement: Mandates an MOU for inter-agency collaboration, which did not exist, to address multi-citation cases involving animal harm.
Potential Impacts
- On Government Agencies: Enhances USDA-DOJ collaboration, potentially increasing efficiency in handling serious violations but requiring new resources for seizures, care, and litigation. The MOU could streamline information sharing, reducing delays in enforcement.
- On Citizens and Businesses: Strengthens protections for animals in commercial settings (e.g., pet trade, exhibitions), deterring unlicensed or abusive activities through higher penalties and faster interventions. Regulated entities like dealers and exhibitors may face increased compliance costs, including fees for animal care during investigations.
- On International Relations: Minimal direct impact, as the AWA focuses on U.S. commerce; however, stronger enforcement could indirectly affect international animal trade by ensuring U.S. compliance with global welfare standards.
- Broader Effects: Could lead to more animals being rescued from poor conditions, improving overall welfare, but might increase federal court caseloads and taxpayer costs for enforcement.
Main Stakeholders Affected
- Government Entities: USDA (primary regulator of animal welfare), Department of Justice/Attorney General (new enforcement lead), and federal courts (handling lawsuits and warrants).
- Regulated Industries: Dealers, exhibitors, breeders, and transporters of animals covered by the AWA (e.g., dogs, cats, primates, but excluding farm animals raised for food).
- Animal Welfare Advocates: Organizations and individuals providing temporary care for seized animals, who benefit from reimbursement of costs.
- General Public: Pet owners and consumers indirectly affected through safer commercial animal markets, though everyday pet ownership is largely untouched.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Bolsters federal jurisdiction under the AWA's commerce clause authority (regulating interstate animal trade), potentially making enforcement more robust against repeat offenders. The severability clause protects the law's core from partial invalidation, and the savings clause prevents conflicts between agencies.
- Constitutional Implications: Aligns with Congress's power to regulate commerce and enforce laws via the judiciary; no major challenges anticipated, as it builds on existing AWA framework without infringing on states' rights (states can still enforce their own animal laws).
- Political Implications: Introduced bipartisanship (by Senators Blumenthal (D-CT) and Kennedy (R-LA)), signaling broad support for animal protection. It addresses enforcement gaps criticized in oversight reports, potentially setting a precedent for inter-agency MOUs in regulatory areas, but could face pushback from industries concerned about increased federal oversight and costs.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Blumenthal, Richard [D-CT]
Cosponsors (37)
Sen. Kennedy, John [R-LA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Welch, Peter [D-VT], Sen. Rosen, Jacky [D-NV], Sen. Cortez Masto, Catherine [D-NV], Sen. Alsobrooks, Angela D. [D-MD], Sen. Duckworth, Tammy [D-IL], Sen. Merkley, Jeff [D-OR], Sen. Collins, Susan M. [R-ME], Sen. Slotkin, Elissa [D-MI], Sen. Schiff, Adam B. [D-CA], Sen. Kim, Andy [D-NJ], Sen. Luján, Ben Ray [D-NM], Sen. Sanders, Bernard [I-VT], Sen. Coons, Christopher A. [D-DE], Sen. Murphy, Christopher [D-CT], Sen. Bennet, Michael F. [D-CO], Sen. Shaheen, Jeanne [D-NH], Sen. Gallego, Ruben [D-AZ], Sen. Van Hollen, Chris [D-MD], Sen. Ossoff, Jon [D-GA], Sen. Schatz, Brian [D-HI], Sen. Cantwell, Maria [D-WA], Sen. Hickenlooper, John W. [D-CO], Sen. Murray, Patty [D-WA], Sen. Booker, Cory A. [D-NJ], Sen. Warner, Mark R. [D-VA], Sen. Durbin, Richard J. [D-IL], Sen. Hirono, Mazie K. [D-HI], Sen. Reed, Jack [D-RI], Sen. Smith, Tina [D-MN], Sen. Padilla, Alex [D-CA], Sen. Fetterman, John [D-PA], Sen. Kelly, Mark [D-AZ], Sen. Klobuchar, Amy [D-MN], Sen. Kaine, Tim [D-VA], Sen. Blunt Rochester, Lisa [D-DE]
Recent Actions
- 2025-04-30: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- 2025-04-30: Introduced in Senate
Bill Versions
- Better Collaboration, Accountability, and Regulatory Enforcement for Animals Act of 2025 — issued 2025-04-30 — PDF (7 pages)