The Better CARE for Animals Act is a pending federal bill that would let the Department of Justice sue violators of the Animal Welfare Act directly in federal court, seek civil penalties of up to $10,000 per day, and seize and permanently forfeit animals kept in substandard conditions. It was introduced in the 119th Congress as H.R. 3112 in the House and S. 1538 in the Senate in 2025, and as of early 2026 it remains in committee.1Congress.gov. H.R. 3112 – Better CARE for Animals Act of 2025
What the Bill Would Change About Enforcement
The core change is a new Section 20 added to the Animal Welfare Act that authorizes the Attorney General to bring civil actions directly in federal district court against anyone violating the Act or its regulations.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text Under current law, the USDA Secretary assesses penalties through administrative proceedings, and the DOJ only steps in to collect unpaid fines or pursue criminal cases.3Office of the Law Revision Counsel. 7 USC 2149 – Violations by Licensees
In federal court, the Attorney General could seek temporary restraining orders, preliminary injunctions, and permanent injunctions, including orders for the physical removal or relocation of animals.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text A judge could also order license revocation, which currently requires separate USDA administrative action. The practical difference is speed: a federal judge can issue a restraining order within days, while the USDA’s administrative hearing process, with its warning letters, stipulations, and appeals before an administrative law judge, can stretch on for months or longer.4USDA-APHIS. Animal Welfare Act Enforcement
Court orders also carry consequences that administrative citations lack. A facility that ignores a federal court order faces contempt proceedings, which can bring additional fines or jail time for the individuals responsible.
Civil Penalties Up to $10,000 Per Day
The bill authorizes civil penalties of up to $10,000 per violation, with each day of ongoing noncompliance counting as a separate offense.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text The per-day structure is the key. A facility operating in violation for weeks or months could face penalties running into six or seven figures.
The $10,000 ceiling itself already exists in current law, where the USDA Secretary can assess it through the administrative process after weighing factors like business size, severity, good faith, and history of past violations.3Office of the Law Revision Counsel. 7 USC 2149 – Violations by Licensees What changes is the forum. The Attorney General would seek the same penalty amount through federal litigation, where a judge sets the outcome.
Seizure and Forfeiture of Animals
The bill gives the federal government explicit authority to seize animals subjected to AWA violations and pursue their permanent forfeiture. Forfeiture proceedings would follow the procedures in Chapter 46 of Title 18 of the U.S. Code, the same framework used for civil asset forfeiture in other federal cases.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text Once forfeiture is complete, ownership transfers permanently to the government, and animals can be placed with rescue organizations or other qualified caretakers.
This closes a gap in the current system, where animals seized during an investigation can sometimes end up back with the same owner once administrative proceedings conclude.
Cost Recovery for Rescues and Caretakers
Rescue organizations have historically absorbed the cost of housing, feeding, and treating animals pulled from bad facilities. The bill shifts those costs back to the violator in two ways. Any person whose violation leads to a seizure can be charged a reasonable fee for the expenses the government incurs in transferring and caring for the animals.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text And money collected as penalties or fines under the Act must be used to reimburse anyone who provided temporary care while civil or criminal proceedings were pending.
Mandatory Information Sharing Between USDA and DOJ
Within 180 days of enactment, the Secretary of Agriculture would have to enter into a memorandum of understanding with the Attorney General. That agreement must establish procedures for the USDA to provide the DOJ with timely information about violators who have multiple citations that seriously or adversely affect animal health or well-being.2Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 – Text
A narrower version of this cooperation already exists. The USDA and DOJ signed a memorandum of understanding focused on dog fighting enforcement, and the USDA provides weekly updates to the DOJ on certain cases.5USDA. USDA, DOJ, DHS, and HHS Launch Coordinated Effort to Crackdown on Chronic Dog Welfare Violators The bill would make this mandatory and expand it to cover all AWA violations. Inspection reports, veterinary records, and photographic evidence gathered by USDA inspectors would flow to DOJ attorneys who could build federal court cases without duplicating investigative work.
What the Bill Covers and What It Does Not
Because the bill amends the existing Animal Welfare Act, its reach matches the AWA’s. The AWA covers animals used in research, exhibition, the pet trade, and commercial transport, and it applies to licensed dealers, exhibitors, research facilities, intermediate handlers, and carriers.6U.S. Government Publishing Office. 7 U.S.C. Chapter 54 – Transportation, Sale, and Handling of Certain Animals
The bill does not close the AWA’s existing gaps. Rats, mice, and birds bred for research are excluded from the regulatory definition of “animal,” as are farm animals used for food or fiber and horses not used in research.7USDA National Agricultural Library. Animal Welfare Act Those animals remain outside the reach of this legislation.
Criminal penalties are also unchanged. The existing AWA already provides for up to one year in prison, a fine of up to $2,500, or both, for knowing violations, and the bill leaves those provisions alone.3Office of the Law Revision Counsel. 7 USC 2149 – Violations by Licensees Its focus is on civil enforcement.
Where the Bill Stands
H.R. 3112 was referred to the House Committee on Agriculture in April 2025 and has not advanced further.1Congress.gov. H.R. 3112 – Better CARE for Animals Act of 2025 The Senate companion, S. 1538, was also introduced in 2025.8Congress.gov. S. 1538 – Better CARE for Animals Act of 2025 None of the bill’s provisions are in effect. Versions of this legislation have been introduced in previous Congresses under different bill numbers without reaching a floor vote.