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sustainable Freedom Lab ; A Trump Strategy to Neuter HUD's AFFH Page 3 of g <br />Clyde Wayne Crews, Jr, in a Dec 2015 report for the Competitive Enterprise Institute, explains that sub <br />rosa regulations or 'guidance -documents' can consist of agreements, bulletins, information sheets, <br />manuals, memorandum; 'advisory opinions, clarification, etc. Most fall outside of the already weak <br />regulatory.review process rewired for agency rules <br />The IRS drew from a culture o` informal memos and unwritten. innuendoes to delay and reject <br />conservative Tea Party applicants for noreprof t status. Since there were no traceable rules, the <br />President easily declared there was not even a "smidgeon of corruption," even in the face of what later <br />proved w be massive rights' violations <br />In 1946, Congress passed the AdrT instrative Procrdure5 Act to protect consumers by creating a "notice <br />and comment" rulemaking process, The APA gave citizens the opportunity to review proposed rules in <br />the Federal Register and voice their responses before they became law. But, according to Crews, <br />agencies frequently use decrees besides rules to sidestep the APA. <br />..agency and presidential rnenl0ronda, g -i dance docunierts ("nonlegislative'' of irrtP''p'eUve <br />rules), notices, bulletins, directives, news releases, letters, and even blog posts may enact. policy <br />while flouting the APA's public notice and comment requirements for legislative rules." <br />lhreats are another way agencies force constituents to comply that leave little evidence of the coercrorl <br />and less recourse for the individual <br />Operation Choke Point was a Department of,usti .e initiative that forced banks to withdraw services to <br />politically disfavored businesses including payday loan. pawnshops and gun shops. <br />There was n0 law/ no regulation or -Oven an executive order. It was simply a list of targeted companies <br />provided to banks:accompanied by tireats c,f internal reviews for failure to comply wi,"rr federal <br />guidelines <br />As Prof Tirn Wu, a supporter of these agency tactics writes it the Duke Law Review <br />"Rule by threats, l argue, 's under some Circu ristanr es, a superior means of regulatory oversight.". <br />HUD seems to agree. <br />I'tttp://sustdltlahIeli'eecIoi17on- 7/7E1i<Il fi l/....‘ trt111'1tl—fs t,,,.r.. r.rYl_i <br />