Comer Subpoenas Key USDA Official Over Arbitrary Enforcement of Horse Protection Act

WASHINGTON - House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) issued a subpoena to a key official at U.S. Department of Agriculture (USDA) to further investigate the USDA's arbitrary enforcement of the Horse Protection Act (HPA) and the final rule titled Horse Protection Amendments. Information obtained by the Oversight Committee, along with recent actions at Tennessee Walking Horse shows, reveals USDA's Animal and Plant Health Inspection Service (APHIS) may be exceeding its authority in inspections related to horse shows. The subpoena compels Dr. Aaron Rhyner, the Assistant Director of APHIS, to appear for a deposition to assist in the Committee's investigation and determine whether new legislation is needed to ensure fair and consistent enforcement by USDA.

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"The Committee initially requested documents and information from USDA regarding these matters on August 9, 2024. Among the materials sought by the Committee were lists of the horse shows attended by USDA's Animal and Plant Health Inspection Service (APHIS) inspectors, communications between APHIS officials and inspectors or other stakeholders in the horse show industry, documents and communications relating to HPA enforcement, and documents and communications related to the lawsuit filed by horse trainers against USDA. A response to the Committee's requests was required by August 23. USDA failed to respond by the deadline or even acknowledge receipt of the Committee's letter until several weeks later," wrote Chairman Comer.

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The Committee received allegations that the Assistant Director of USDA's APHIS sent an e-mail to horse show representatives detailing new competition inspection requirements just two hours prior to a competition, without warning or prior notification of forthcoming guidance. On August 9, 2024, Chairman Comer launched an investigation and called on the USDA Office of the Inspector General to review the Department's enforcement of the HPA. On October 8, 2024, Chairman requested that APHIS Director Dr. Rhyner be made available for a transcribed interview. However, USDA continues to refuse to provide the requested information and has not made Dr. Rhyner available for the interview.

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"This lack of cooperation by USDA raises additional questions about the transparency and accountability of USDA's operations related to enforcement of the HPA and the enactment of the final rule," continued Chairman Comer. "It has now been over four weeks since the Committee's initial request for the transcribed interview, and USDA has failed to make you available for a transcribed interview or a briefing. As a result, attached is a subpoena for a deposition pursuant to Rule XI, clause 2(m)(1)(B) of the Rules of the House of Representatives and Rule 12(g) of the Committee's Rules. You are obligated to appear before the Committee on December 9, 2024."

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The letter and subpoena to APHIS Dr. Aaron Rhyner can be found here.

Permalink: https://comer.house.gov/2024/11/comer-subpoenas-key-usda-official-over-arbitrary-enforcement-of-horse-protection-act