13614 Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 

1Office of Management and Budget, M–24–07–, 

Memorandum for the Heads of Executive 

Departments and Agencies, Implementation of 

Penalty Inflation Adjustments for 2024, Pursuant to 

the Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015. (https://

www.whitehouse.gov/wp-content/uploads/2023/12/ 

M-24-07-Implementation-of-Penalty-InflationAdjustments-for-2024.pdf). (October 2023 CPI–U 

(307.671)/October 2022 CPI–U (298.012) = 1.03241). 

2 28 U.S.C. 2461 note. 

3For certain programs including Multifamily, 

Section 202, and Section 811 mortgagors under 24 

CFR 30.45 and Section 8 owners under 24 CFR 

30.68, penalty amounts provided in a pre-penalty 

notice to a respondent pursuant to 24 CFR 30.70 is 

not considered having been assessed under this 

rule. For these programs, penalty amounts are 

considered to be assessed once the penalty amounts 

have been adjudicated as final or agreed upon 

under a settlement agreement. 

Subpart D—Performance Indicators 

■ 7. Amend § 688.400 by revising 

paragraph (f) to read as follows: 

§ 688.400 What are the performance 

indicators for YouthBuild grants? 

* * * * * 

(f) The percentage of participants in 

unsubsidized employment during the 

second quarter after exit from the 

program who were employed by the 

same employer in the second and fourth 

quarters after exit; and 

* * * * * 

Julie A. Su, 

Acting Secretary of Labor. 

[FR Doc. 2024–03279 Filed 2–22–24; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 28, 30, 87, 180, and 3282 

[Docket No. FR–6446–F–01] 

Adjustment of Civil Monetary Penalty 

Amounts for 2024 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Final rule. 

SUMMARY: This rule provides for 2024 

inflation adjustments of civil monetary 

penalty amounts required by the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). 

DATES: Effective date for 2024 inflation 

adjustment: March 25, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Santa Anna, Associate General 

Counsel for Legislation and Regulations, 

Office of the General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street SW, Room 

10276, Washington, DC 20024; 

telephone number 202–402–5138 (this 

is not a toll-free number). HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as from 

individuals with speech or 

communication disabilities. To learn 

more about how to make an accessible 

telephone call, please visit https://

www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act) (Pub. L. 114–74, 

Sec. 701), which further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410), requires agencies to make annual 

adjustments to civil monetary penalty 

(CMP) amounts for inflation 

‘‘notwithstanding section 553 of title 5, 

United States Code.’’ Section 553 refers 

to the Administrative Procedure Act, 

which provides for advance notice and 

public comment during the rulemaking 

process. However, as explained in 

Section III below, HUD has determined 

that advance notice and public 

comment on this final rule is 

unnecessary. 

This annual adjustment is for 2024. 

The annual adjustment is based on the 

percent change between the U.S. 

Department of Labor’s Consumer Price 

Index for All Urban Consumers (‘‘CPI– 

U’’) for the month of October preceding 

the date of the adjustment, and the CPI– 

U for October of the prior year (28 

U.S.C. 2461 note, section (5)(b)(1)). 

Based on that formula, the cost-of-living 

adjustment multiplier for 2024 is 

1.03241.1 Pursuant to the 2015 Act, 

adjustments are rounded to the nearest 

dollar.2

II. This Final Rule 

This final rule makes the required 

2024 inflation adjustment of HUD’s civil 

money penalty amounts. The 2024 

increases apply to penalties assessed 3

on or after this rule’s effective date (if 

the violation occurred after the 

enactment of the 2015 Act). HUD 

provides a table showing how, for each 

component, the penalties are being 

adjusted for 2024 pursuant to the 2015 

Act. In the first column (‘‘Description’’), 

HUD provides a description of the 

penalty. In the second column 

(‘‘Statutory Citation’’), HUD provides 

the United States Code statutory citation 

providing for the penalty. In the third 

column (‘‘Regulatory Citation’’), HUD 

provides the Code of Federal 

Regulations citation under Title 24 for 

the penalty. In the fourth column 

(‘‘Previous Amount’’), HUD provides the 

amount of the penalty pursuant to the 

rule implementing the 2023 adjustment 

(88 FR 9745, February 15, 2023). In the 

fifth column (‘‘2024 Adjusted 

Amount’’), HUD lists the penalty after 

applying the 2024 inflation adjustment. 

Description Statutory citation 

Regulatory 

citation 

(24 CFR) 

Previous amount 2024 Adjusted amount 

False Claims ............................. Omnibus Budget Reconciliation Act of 1986 

(31 U.S.C. 3802(a)(1)).

§ 28.10(a) ..... $13,508 .................................... $13,946. 

False Statements ..................... Omnibus Budget Reconciliation Act of 1986 

(31 U.S.C. 3802 (a)(2)).

§ 28.10(b) ..... $13,508 .................................... $13,946. 

Advance Disclosure of Funding Department of Housing and Urban Development Act (42 U.S.C. 3537a(c)).§ 30.20 .......... $23,727 .................................... $24,496. 

Disclosure of Subsidy Layering Department of Housing and Urban Development Act (42 U.S.C. 3545(f)).§ 30.25 .......... $23,727 .................................... $24,496. 

FHA Mortgagees and Lenders 

Violations.

HUD Reform Act of 1989 (12 U.S.C. 1735f– 

14(a)(2)).

§ 30.35 .......... Per Violation: $11,864; Per 

Year: $2,372,677.

Per Violation: $12,249; Per 

Year: $2,449,575. 

Other FHA Participants Violations.HUD Reform Act of 1989 (12 U.S.C. 1735f– 

14(a)(2)).

§ 30.36 .......... Per Violation: $11,864; Per 

Year: $2,372,677.

Per Violation: $12,249; Per 

Year: $2,449,575. 

Indian Home Loan Guarantee 

Lender or Holder Violations.

Housing Community Development Act of 1992 

(12 U.S.C. 1715z–13a(g)(2)).

§ 30.40 .......... Per Violation: $11,864; Per 

Year: $2,372,677.

Per Violation: $12,249; Per 

Year: $2,449,575. 

Multifamily & Section 202 or 

811 Owners Violations.

HUD Reform Act of 1989 (12 U.S.C. 1735f– 

15(c)(2)).

§ 30.45 .......... $59,316 .................................... $61,238. 

Ginnie Mae Issuers & 

Custodians Violations.

HUD Reform Act of 1989 (12 U.S.C. 1723i(a)) § 30.50 .......... Per Violation: $11,864; Per 

Year: $2,372,677.

Per Violation: $12,249; Per 

Year: $2,449,575. 


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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 13615 

4 2 U.S.C. 1532. 

5 2 U.S.C. 1535. 

Description Statutory citation 

Regulatory 

citation 

(24 CFR) 

Previous amount 2024 Adjusted amount 

Title I Broker & Dealers Violations.HUD Reform Act of 1989 (12 U.S.C. 1703) ...... § 30.60 .......... Per Violation: $11,864; Per 

Year: $2,372,677.

Per Violation: $12,249; Per 

Year: $2,449,575. 

Lead Disclosure Violation ......... Title X—Residential Lead-Based Paint Hazard 

Reduction Act of 1992 (42 U.S.C. 

4852d(b)(1)).

§ 30.65 .......... $21,018 .................................... $21,699. 

Section 8 Owners Violations .... Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437z– 

1(b)(2)).

§ 30.68 .......... $46,102 .................................... $47,596. 

Lobbying Violation .................... The Lobbying Disclosure Act of 1995 (31 

U.S.C. 1352).

§ 87.400 ........ Min: $23,727; Max: $237,268 .. Min: $24,496; Max: $244,958. 

Fair Housing Act Civil Penalties Fair Housing Act (42 U.S.C. 3612(g)(3)) ........... § 180.671(a) No Priors: $24,793; One Prior: 

$61,982; Two or More Priors: 

$123,965.

No Priors: $25,597; One Prior: 

$63,991; Two or More Priors: 

$127,983. 

Manufactured Housing Regulations Violation.Housing Community Development Act of 1974 

(42 U.S.C. 5410).

§ 3282.10 ...... Per Violation: $3,446; Per 

Year: $4,307,160.

Per Violation: $3,558; Per 

Year: $4,446,755. 

III. Justification for Final Rulemaking 

for the 2024 Adjustments 

HUD generally publishes regulations 

for public comment before issuing a rule 

for effect, in accordance with its own 

regulations on rulemaking in 24 CFR 

part 10. However, part 10 provides for 

exceptions to the general rule if the 

agency finds good cause to omit 

advance notice and public participation. 

The good cause requirement is satisfied 

when prior public procedure is 

‘‘impractical, unnecessary, or contrary 

to the public interest’’ (see 24 CFR 10.1). 

As discussed, this final rule makes the 

required 2024 inflation adjustment, 

which HUD does not have discretion to 

change. Moreover, the 2015 Act 

specifies that a delay in the effective 

date under the Administrative 

Procedure Act is not required for annual 

adjustments under the 2015 Act. HUD 

has determined, therefore, that it is 

unnecessary to delay the effectiveness of 

the 2024 inflation adjustments to solicit 

public comments. 

Section 7(o) of the Department of 

Housing and Urban Development Act 

(42 U.S.C. 3535(o)) requires that any 

HUD regulation implementing any 

provision of the Department of Housing 

and Urban Development Reform Act of 

1989 that authorizes the imposition of a 

civil money penalty may not become 

effective until after the expiration of a 

public comment period of not less than 

60 days. This rule does not authorize 

the imposition of a civil money 

penalty—rather, it makes a standard 

inflation adjustment to penalties that 

were previously authorized. As noted 

above, the 2024 inflation adjustments 

are made in accordance with a 

statutorily prescribed formula that does 

not provide for agency discretion. 

Accordingly, a delay in the 

effectiveness of the 2024 inflation 

adjustments in order to provide the 

public with an opportunity to comment 

is unnecessary because the 2015 Act 

exempts the adjustments from the need 

for delay, the rule does not authorize the 

imposition of a civil money penalty or 

alter the requirements in any way, and, 

in any event, HUD would not have the 

discretion to make changes as a result of 

any comments. 

IV. Findings and Certifications 

Regulatory Review—Executive Orders 

(E.O.) 12866, as Amended by E.O. 

14094, and 13563 

Under E.O. 12866 (Regulatory 

Planning and Review) (58 FR 51735), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

order. E.O. 13563 (Improving 

Regulations and Regulatory Review) (76 

FR 3821) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned.’’ E.O. 

13563 also directs that, where relevant, 

feasible, and consistent with regulatory 

objectives, and to the extent permitted 

by law, agencies are to identify and 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public. 

Executive Order 14094 (Modernizing 

Regulatory Review) amends section 3(f) 

of Executive Order 12866 (Regulatory 

Planning and Review), among other 

things. 

As discussed above in this preamble, 

this final rule adjusts existing civil 

monetary penalties for inflation by a 

statutorily required amount. HUD 

determined that this rule was not 

significant under E.O. 12866, as 

amended by E.O. 14094, and E.O. 

13563. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Because HUD 

has determined that good cause exists to 

issue this rule without prior public 

comment, this rule is not subject to the 

requirement to publish an initial or final 

regulatory flexibility analysis under the 

RFA as part of such action. 

Unfunded Mandates Reform 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 4

requires that an agency prepare a 

budgetary impact statement before 

promulgating a rule that includes a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of 

UMRA also requires an agency to 

identify and consider a reasonable 

number of regulatory alternatives before 

promulgating a rule.5 However, the 

UMRA applies only to rules for which 

an agency publishes a general notice of 

proposed rulemaking. As discussed 

above, HUD has determined, for good 

cause, that prior notice and public 

comment is not required on this rule 

and, therefore, the UMRA does not 

apply to this final rule. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) (64 FR 43255) prohibits 

an agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 


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13616 Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 

consultation and funding requirements 

of section 6 of the Executive order. This 

rule will not have federalism 

implications and would not impose 

substantial direct compliance costs on 

State and local governments or preempt 

State law within the meaning of the 

Executive order. 

Environmental Review 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern, or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this final rule 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

List of Subjects 

24 CFR Part 28 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

24 CFR Part 30 

Administrative practice and 

procedure, Grant programs—housing 

and community development, Loan 

programs—housing and community 

development, Mortgage insurance, 

Mortgages, Penalties. 

24 CFR Part 87 

Government contracts, Government 

employees, Grant programs, Loan 

programs, Lobbying, Penalties, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 180 

Administrative practice and 

procedure, Aged, Civil rights, Fair 

housing, Individuals with disabilities, 

Investigations, Mortgages, Penalties, 

Reporting and recordkeeping 

requirements. 

24 CFR Part 3282 

Administrative practice and 

procedure, Consumer protection, 

Intergovernmental relations, 

Investigations, Manufactured homes, 

Reporting and recordkeeping 

requirements, Warranties. 

Accordingly, for the reasons described 

in the preamble, HUD amends 24 CFR 

parts 28, 30, 87, 180, and 3282 to read 

as follows: 

PART 28—IMPLEMENTATION OF THE 

PROGRAM FRAUD CIVIL REMEDIES 

ACT OF 1986 

■ 1. The authority citation for part 28 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 

3801–3812; 42 U.S.C. 3535(d). 

■ 2. Amend § 28.10 by revising the 

introductory text of paragraphs (a)(1) 

and (b)(1) to read as follows: 

§ 28.10 Basis for civil penalties and 

assessments. 

(a) * * * 

(1) A civil penalty of not more than 

$13,946 may be imposed upon any 

person who makes, presents, or submits, 

or causes to be made, presented, or 

submitted, a claim that the person 

knows or has reason to know: 

* * * * * 

(b) * * * 

(1) A civil penalty of not more than 

$13,946 may be imposed upon any 

person who makes, presents, or submits, 

or causes to be made, presented, or 

submitted, a written statement that: 

* * * * * 

PART 30—CIVIL MONEY PENALTIES: 

CERTAIN PROHIBITED CONDUCT 

■ 3. The authority citation for part 30 

continues to read as follows: 

Authority: 12 U.S.C. 1701q–1, 1703, 1723i, 

1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28 

U.S.C. 1 note and 2461 note; 42 U.S.C. 

1437z–1 and 3535(d). 

■ 4. In § 30.20, revise paragraph (b) to 

read as follows: 

§ 30.20 Ethical violations by HUD 

employees. 

* * * * * 

(b) Maximum penalty. The maximum 

penalty is $24,496 for each violation. 

■ 5. In § 30.25, revise paragraph (b) to 

read as follows: 

§ 30.25 Violations by applicants for 

assistance. 

* * * * * 

(b) Maximum penalty. The maximum 

penalty is $24,496 for each violation. 

■ 6. In § 30.35, revise the first sentence 

in paragraph (c)(1) to read as follows: 

§ 30.35 Mortgagees and lenders. 

* * * * * 

(c)(1) Amount of penalty. The 

maximum penalty is $12,249 for each 

violation, up to a limit of $2,449,575 for 

all violations committed during any 

one-year period. * * * 

* * * * * 

■ 7. In § 30.36, revise the first sentence 

in paragraph (c) to read as follows: 

§ 30.36 Other participants in FHA 

programs. 

* * * * * 

(c) Amount of penalty. The maximum 

penalty is $12,249 for each violation, up 

to a limit of $2,449,575 for all violations 

committed during any one-year period. 

* * * 

■ 8. In § 30.40, revise the first sentence 

in paragraph (c) to read as follows: 

§ 30.40 Loan guarantees for Indian 

housing. 

* * * * * 

(c) Amount of penalty. The maximum 

penalty is $12,249 for each violation, up 

to a limit of $2,449,575 for all violations 

committed during any one-year period. 

* * * 

■ 9. In § 30.45, revise paragraph (g) to 

read as follows: 

§ 30.45 Multifamily and section 202 or 811 

mortgagors. 

* * * * * 

(g) Maximum penalty. The maximum 

penalty for each violation under 

paragraphs (c) and (f) of this section is 

$61,238. 

* * * * * 

■ 10. In § 30.50, revise the first sentence 

in paragraph (c) to read as follows: 

§ 30.50 GNMA issuers and custodians. 

* * * * * 

(c) Amount of penalty. The maximum 

penalty is $12,249 for each violation, up 

to a limit of $2,449,575 during any oneyear period. * * * 

■ 11. In § 30.60, revise paragraph (c) to 

read as follows: 

§ 30.60 Dealers or sponsored third-party 

originators. 

* * * * * 

(c) Amount of penalty. The maximum 

penalty is $12,249 for each violation, up 

to a limit for any particular person of 

$2,449,575 during any one-year period. 

■ 12. In § 30.65, revise paragraph (b) to 

read as follows: 

§ 30.65 Failure to disclose lead-based 

paint hazards. 

* * * * * 

(b) Amount of penalty. The maximum 

penalty is $21,699 for each violation. 

■ 13. In § 30.68, revise paragraph (c) to 

read as follows: 

§ 30.68 Section 8 owners. 

* * * * * 

(c) Maximum penalty. The maximum 

penalty for each violation under this 

section is $47,596. 

* * * * * 


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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Rules and Regulations 13617 

1These PWFA references in procedural 

regulations should not be confused with the EEOC’s 

efforts to publish substantive interpretations of the 

PWFA. The EEOC is engaged in separate 

rulemaking to address those substantive provisions, 

and issued a Notice of Proposed Rulemaking, 

Regulations to Implement the Pregnant Workers 

Fairness Act, 88 FR 54714 (Aug. 11, 2023). The final 

rule is currently under OIRA review. 

PART 87—NEW RESTRICTIONS ON 

LOBBYING 

■ 14. The authority citation for part 87 

continues to read as follows: 

Authority: 28 U.S.C. 1 note; 31 U.S.C. 

1352; 42 U.S.C. 3535(d). 

■ 15. In § 87.400, revise paragraphs (a), 

(b), and (e) to read as follows: 

§ 87.400 Penalties. 

(a) Any person who makes an 

expenditure prohibited herein shall be 

subject to a civil penalty of not less than 

$24,496 and not more than $244,958 for 

each such expenditure. 

(b) Any person who fails to file or 

amend the disclosure form (see 

appendix B to this part) to be filed or 

amended if required herein, shall be 

subject to a civil penalty of not less than 

$24,496 and not more than $244,958 for 

each such failure. 

* * * * * 

(e) First offenders under paragraphs 

(a) or (b) of this section shall be subject 

to a civil penalty of $24,496, absent 

aggravating circumstances. Second and 

subsequent offenses by persons shall be 

subject to an appropriate civil penalty 

between $24,496 and $244,958, as 

determined by the agency head or his or 

her designee. 

* * * * * 

PART 180—CONSOLIDATED HUD 

HEARING PROCEDURES FOR CIVIL 

RIGHTS MATTERS 

■ 16. The authority citation for part 180 

continues to read as follows: 

Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 

42 U.S.C. 2000d–1, 3535(d), 3601–3619, 

5301–5320, and 6103. 

■ 17. In § 180.671, revise paragraphs 

(a)(1) through (3) to read as follows: 

§ 180.671 Assessing civil penalties for Fair 

Housing Act cases. 

(a) * * * 

(1) $25,597, if the respondent has not 

been adjudged in any administrative 

hearing or civil action permitted under 

the Fair Housing Act or any state or 

local fair housing law, or in any 

licensing or regulatory proceeding 

conducted by a Federal, State, or local 

governmental agency, to have 

committed any prior discriminatory 

housing practice. 

(2) $63,991, if the respondent has 

been adjudged in any administrative 

hearing or civil action permitted under 

the Fair Housing Act, or under any state 

or local fair housing law, or in any 

licensing or regulatory proceeding 

conducted by a Federal, State, or local 

government agency, to have committed 

one other discriminatory housing 

practice and the adjudication was made 

during the 5-year period preceding the 

date of filing of the charge. 

(3) $127,983, if the respondent has 

been adjudged in any administrative 

hearings or civil actions permitted 

under the Fair Housing Act, or under 

any state or local fair housing law, or in 

any licensing or regulatory proceeding 

conducted by a Federal, State, or local 

government agency, to have committed 

two or more discriminatory housing 

practices and the adjudications were 

made during the 7-year period 

preceding the date of filing of the 

charge. 

* * * * * 

PART 3282—MANUFACTURED HOME 

PROCEDURAL AND ENFORCEMENT 

REGULATIONS 

■ 18. The authority citation for part 

3282 continues to read as follows: 

Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 

note, 42 U.S.C. 3535(d), 5403, and 5424. 

■ 19. Revise § 3282.10 to read as 

follows: 

§ 3282.10 Civil and criminal penalties. 

Failure to comply with these 

regulations may subject the party in 

question to the civil and criminal 

penalties provided for in section 611 of 

the Act, 42 U.S.C. 5410. The maximum 

penalty imposed under section 611 of 

the Act shall be $3,558 for each 

violation, up to a maximum of 

$4,446,755 for any related series of 

violations occurring within one year 

from the date of the first violation. 

Damon Smith, 

General Counsel. 

[FR Doc. 2024–03736 Filed 2–22–24; 8:45 am] 

BILLING CODE 4210–67–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1601 and 1614 

RIN 3046–AB31 

[FR Doc. 2024–02764] 

Amendment of Procedural and 

Administrative Regulations To Include 

the Pregnant Workers Fairness Act 

(PWFA); Correction 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Correcting amendments. 

SUMMARY: On February 14, 2024, the 

Equal Employment Opportunity 

Commission (‘‘EEOC’’ or 

‘‘Commission’’) amended its procedural 

regulations to include references to the 

Pregnant Workers Fairness Act 

(‘‘PWFA’’). Due to drafting errors, two of 

those changes would not be recognized 

in the Code of Federal Regulations as 

drafted, and the Commission therefore 

issues these correcting amendments to 

ensure that its procedural regulations 

reference the PWFA where appropriate. 

DATES: These correcting amendments 

are effective February 23, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, (202–900–8652 (voice); 1–800– 

669–6820 (TTY)), Office of Legal 

Counsel, 131 M Street NE, Washington, 

DC 20507. 

SUPPLEMENTARY INFORMATION: The 

Pregnant Workers Fairness Act 

(‘‘PWFA’’) became law on December 29, 

2022, and became effective on June 27, 

2023. In crafting the PWFA enforcement 

section, Congress incorporated the 

existing mechanisms and procedures for 

redress of other forms of employment 

discrimination. Procedural regulations 

were amended to include the PWFA in 

an interim final rule published in the 

Federal Register on February 14, 2024 

(89 FR 11167).1 When the interim final 

rule was published, 29 CFR 1601.17(a) 

was inadvertently included in 

instruction 5.f., which replaced the text 

‘‘title VII, the ADA, or GINA’’ with ‘‘title 

VII, the ADA, GINA, or the PWFA,’’ 

instead of in instruction 6, which 

replaced references to ‘‘title VII, the 

ADA, and GINA’’ with ‘‘title VII, the 

ADA, GINA, and the PWFA.’’ 

Additionally, the interim final rule’s 

section heading for 29 CFR 1614.407 

was revised without a specific 

instruction to revise the section 

heading. These correcting amendments 

fix those errors. 

List of Subjects in 29 CFR Parts 1601 

and 1614 

Administrative practice and 

procedure, Equal employment 

opportunity. 

Accordingly, 29 CFR parts 1601 and 

1614 are amended by making the 

following correcting amendments: 


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