S. 1538

II
  119th CONGRESS
  1st Session
  S. 1538
  IN THE SENATE OF THE UNITED STATES
  April 30, 2025
  Mr. Blumenthal  (for himself and
  Mr. Kennedy ) introduced the following
  bill; which was read twice and referred to the  Committee on Agriculture, Nutrition, and
  Forestry
  A BILL
To amend the Animal Welfare Act to expand and improve the enforcement
  capabilities of the Attorney General, and for other purposes.
1.
Short title
This Act may be cited as the
  Better Collaboration, Accountability, and Regulatory
  Enforcement for Animals Act of 2025   or the
  Better CARE for Animals Act of
  2025  .
2.
Strengthening animal welfare enforcement
(a)
Definitions
Section 2 of the Animal Welfare Act (7
  U.S.C. 2132) is amended—
(1)
in subsection (b), by striking  of the United States or his
  representative who shall be an employee of the United States  and
  inserting  or a representative of the Secretary of Agriculture, who
  shall be an employee of the ;
(2)
in subsection (c)(1), by adding
  or  at the end after the semicolon; and
(3)
in each of subsections (a) through (o)—
(A)
by inserting a subsection heading, the text of which comprises the
  term defined in the subsection;
(B)
by reordering the subsections so as to appear in alphabetical order
  based on the subsection headings (as so added); and
(C)
by redesignating the subsections (as so reordered) appropriately.
(b)
Sale or transportation without license
Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to read as
  follows:
4.
Sale or transportation without license
No dealer or exhibitor shall do any
  of the following in commerce: exhibit, purchase, offer to purchase,
  sell, offer to sell, transport, or offer for transportation any animal,
  unless the dealer or exhibitor has a valid license from the Secretary
  that has not been suspended.
  .
(c)
Investigations and inspections
Section 16(c) of the Animal Welfare Act (7 U.S.C. 2146(c)) is amended in the
  fourth sentence by striking  enforce, and to prevent and restrain
  violations of this Act,  and inserting  enforce, prevent, and
  restrain violations of this Act, or any rule, standard, or regulation
  promulgated pursuant to this Act, .
(d)
Civil penalty
Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended—
(1)
in subsection (d), in the first sentence, by inserting  , or any
  rule, standard, or regulation promulgated thereunder,  before
  shall ; and
(2)
by adding at the end the following:
(e)
Rewards and certain incidental expenses
With respect to the sums
  received by the Secretary or the Attorney General as penalties or
  fines for any violation of this Act or any rule, standard, or
  regulation promulgated thereunder, the Secretary or the Attorney
  General, as applicable, shall use those sums to pay the reasonable
  and necessary costs incurred by any person in providing temporary
  care for any animal pending the disposition of any civil or criminal
  proceeding alleging a violation of this Act with respect to that
  animal.
  .
(e)
Enforcement by Attorney General
The Animal Welfare Act is amended by
  inserting after section 19 (7 U.S.C. 2149) the following:
20.
Enforcement by Attorney General
(a)
In general
The Attorney General may bring a civil action in the appropriate
  district court of the United States for appropriate relief,
  including a temporary restraining order, preliminary or permanent
  injunction (including for removal or relocation of animals), license
  revocation, and civil penalties of up to $10,000 for each violation
  for each day during which the violation continues, against any
  person who violates any provision of this Act or any rule, standard,
  or regulation promulgated thereunder.
(b)
Seizure and forfeiture of animals
(1)
In general
Any animal that is subjected to conduct that constitutes a
  violation of this Act, or any rule, standard, or regulation
  promulgated thereunder, shall be subject to seizure and
  forfeiture to the United States in accordance with chapter 46 of
  title 18, United States Code.
(2)
Costs
Any person whose act or omission is the basis for a seizure
  authorized by subparagraph (1) may be charged a reasonable fee
  for expenses to the United States relating to the transfer and
  care of the seized animal.
(c)
Warrants
The judges of the district courts of the United States and United
  States magistrate judges may, within their respective jurisdictions,
  on proper oath or affirmation showing probable cause, issue such
  warrants or other processes as may be required for enforcement of
  this Act and any rule, standard, or regulation promulgated
  thereunder.
(d)
Savings clause
(1)
Attorney general
No action taken by the Attorney General pursuant to this
  section shall affect or limit the authority of the Secretary to
  enforce any provision of this Act or any rule, standard, or
  regulation thereunder.
(2)
Secretary
No action taken by the Secretary shall affect or limit the
  authority of the Attorney General under this Act.
  .
(f)
Authority To apply for injunctions
Section 29(b) of the Animal Welfare Act (7 U.S.C. 2159(b)) is amended by
  striking the second sentence.
(g)
Severability
The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end
  the following:
30.
Severability
If any provision of this Act, or
  the application thereof, is held invalid, the validity of the remainder
  of this Act and the application of such provision to other persons and
  circumstances shall not be affected.
  .
(h)
Memorandum of understanding
Not later than 180 days after the date of enactment of this Act, the Secretary
  of Agriculture shall enter into a memorandum of understanding with the Attorney
  General to carry out the authorities granted by the amendments made by this
  section, including an agreement to provide the Attorney General with timely
  information about violators who have multiple citations that seriously or
  adversely affect the health or well-being of an animal.
3.
Sense of Congress
It is the sense of Congress that—
(1)
section 16(c) of the Animal Welfare Act (7 U.S.C. 2146(c)) establishes the
  jurisdiction of Federal courts to address violations of, and cases arising from
  violations of, that Act and provides the Attorney General with the authority to
  bring such cases in Federal court; and
(2)
the enforcement jurisdiction of the Federal courts, and the corresponding
  enforcement authority of the Attorney General, include violations of the rules,
  standards, and regulations promulgated under that Act.