SAFE Guidance Act

Summary#

This bill requires the head of each listed financial agency to put a short, clear statement on the first page of any guidance the agency issues after the bill becomes law. The statement must say: "This guidance does not have the force and effect of law and therefore does not establish any rights or obligations for any person and is not binding on the agency or the public. If this guidance suggests how regulated entities may comply with applicable statutes or regulations, noncompliance with this guidance does not conclusively establish a violation of applicable law."

The bill lists which agencies are covered, including the Bureau of Consumer Financial Protection, HUD, Treasury, FDIC, FHFA, the Federal Reserve Board, NCUA, OCC, and the SEC. It defines "guidance" as agency statements of general applicability that aim to affect future behavior of regulated parties, and it excludes items such as rules made with notice-and-comment, certain internal guidance, and adjudicative decisions.

What it means for you#

  • If you are a business or person regulated by one of the listed agencies, official agency guidance you receive after this law would include the required clarity statement that the guidance is not binding and does not create legal rights or obligations.
  • Agencies would still publish guidance on statutes, regulations, or technical issues, but each covered guidance document must show the clarity statement prominently on the first page.

Expenses#

No publicly available information.

Proponents' View#

Proponents, as reflected by the bill's title and text, aim to make clear that agency guidance is not the same as legally binding rules. The bill's requirement is meant to state publicly that guidance does not create legal obligations and that failing to follow guidance does not by itself prove a legal violation.

Opponents' View#

No publicly available information.