Small Business Group Applauds Trump Executive Orders on Regulatory Accountability and Ending the Misuse of Federal Regulatory “Guidance”

By at 9 October, 2019, 2:19 pm


For Immediate Release

Washington, D.C. – A leading advocacy group for entrepreneurs and small businesses is applauding Executive Orders that President Trump will sign today to bring more accountability, fairness and transparency to regulatory procedures for entrepreneurs and small businesses.  The practice of issuing federal regulatory “guidance” has been misused by government regulators and often side-steps procedures that are required by law as part of the rule-making process.  Small Business & Entrepreneurship Council (SBE Council) president & CEO Karen Kerrigan said the Executive Orders are needed given the significant growth in regulatory guidance, the volume of regulatory activity that takes place out of public view, and the fact that small businesses are often caught off guard by changes in regulatory policy. When it comes to the murky way regulatory guidance is developed, small businesses generally have no input into how that guidance is developed, according to Kerrigan.

“Guidance most definitely has a place in sorting out confusing regulatory issues and technicalities for small businesses. But regulatory guidance has been overused or sometimes misused to side-step procedures where entrepreneurs and small business owners would have been given the opportunity to provide input on proposed regulations under an open and more transparent process if federal regulators followed their responsibilities under the law. SBE Council strongly supports the Executive Orders signed by President Trump, as they protect small businesses from the misuse of regulatory guidance and burdensome costs. The orders require federal regulators to seek feedback – otherwise known as public comments – from affected parties on major federal guidance and to abide by their responsibilities under the law in promulgating regulations.  The message that President Trump is sending to regulators is very important  – accountability, transparency and procedure matter. They certainly matter to entrepreneurs and small business owners who struggle with regulatory costs and complexity every day,” said Kerrigan.

The orders President Trump will sign today are the “Transparency and Fairness” and “Bringing Guidance Out of the Darkness” Executive Orders.

The Competitive Enterprise Institute (CEI) estimates that there are “literally tens of thousands of documents that agencies can use to circumvent Congress, and the Administrative Procedures Act’s (APA’s) public notice and comment requirement.” (Visit CEI’s website here for more information on “regulatory dark matter”:


Karen Kerrigan, SBE Council president & CEO


SBE Council is nonpartisan advocacy, research and education organization dedicated to protecting small business and promoting entrepreneurship. For 25 years, SBE Council has worked on and advanced a range of private sector and public policy initiatives to strengthen the ecosystem for strong startup activity and small business growth. Visit for additional information. Twitter: @SBECouncil


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