SAFE Guidance Act

The "Stop Agency Fiat Enforcement of Guidance Act," or SAFE Guidance Act, mandates that various federal financial agencies include a specific clarity statement on all guidance documents they issue. This statement, which must be displayed prominently on the first page, explicitly states that the guidance does not possess the force and effect of law and therefore does not create any new rights or obligations for individuals or the agency itself. Furthermore, it clarifies that simply not complying with the guidance does not automatically establish a violation of existing law. The Act defines "financial agencies" to include key entities such as the Bureau of Consumer Financial Protection, the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Securities and Exchange Commission, among others. "Guidance" refers to general statements intended to affect regulated parties' future behavior by setting policy or interpreting statutes, but it specifically excludes formal rules promulgated through notice and comment, internal agency directives, or legal advice. This measure aims to ensure regulated entities understand the non-binding nature of agency guidance.