Rule2026-06027
Reducing Bureaucracy and Burden for Refugee Resettlement Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2026
Effective
May 26, 2026
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Department of Health and Human Services, Administration for Children and Families rescinds obsolete provisions of the State Legalization Impact Assistance Grants regulations (45 CFR part 402). The Administration for Children and Families has undertaken a sweeping review aimed at eliminating outdated rules and reducing unnecessary regulatory burdens to streamline, simplify, and efficiently deregulate across multiple fronts simultaneously to better serve the public. The docket on https://www.regulations.gov will include a plain language summary of the direct final rule as required by 5 U.S.C. 553(b)(4).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Rules and Regulations]
[Pages 14758-14760]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 402
RIN 0970-AD28
Reducing Bureaucracy and Burden for Refugee Resettlement Programs
AGENCY: Office of Refugee Resettlement (ORR), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS).
ACTION: Direct final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services, Administration
for Children and Families rescinds obsolete provisions of the State
Legalization Impact Assistance Grants regulations (45 CFR part 402).
The Administration for Children and Families has undertaken a sweeping
review aimed at eliminating outdated rules and reducing unnecessary
regulatory burdens to streamline, simplify, and efficiently deregulate
across multiple fronts simultaneously to better serve the public. The
docket on <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include a plain language
summary of the direct final rule as required by 5 U.S.C. 553(b)(4).
DATES: Effective May 26, 2026, unless significant adverse comments are
received on or before May 26, 2026. In the event the Administration for
Children and Families receive significant adverse comments, the
Administration for Children and Families will publish a timely
withdrawal in the Federal Register informing the public the provisions
of the rule(s) for which significant adverse comments were received and
elimination will not take effect.
ADDRESSES: You may submit written comments, identified by docket number
ACF-2026-0166 and/or RIN number 0970-AD28, by one of the following
methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#e5a180978082908984918c8a8ba5848683cb8d8d96cb828a93"><span class="__cf_email__" data-cfemail="f7b392859290829b96839e9899b7969491d99f9f84d9909881">[email protected]</span></a>. Include the docket number
ACF-2026-0166 and/or RIN number 0970-AD28 in the subject line of the
message.
Instructions: All submissions received must include the agency name
and docket number or RIN number for this rulemaking. All comments
received are a part of the public record and will be posted for public
viewing on <a href="http://www.regulations.gov">www.regulations.gov</a>, without change. Please be advised that
the substance of the comments and the identity of individuals or
entities submitting the comments will be subject to public disclosure.
Anonymous comments are accepted.
FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff,
Immediate Office of the Assistant Secretary, Administration for
Children and Families, Department of Health and Human Services,
Washington, DC 202-417-0115 or <a href="/cdn-cgi/l/email-protection#d195b4a3b4b6a4bdb0a5b8bebf91b0b2b7ffb9b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="0f4b6a7d6a687a636e7b6660614f6e6c692167677c21686079">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This final rule is being issued under the authority granted to the
Secretary of Health and Human Services by Section 204 the Immigration
Reform and Control Act of 1986 (IRCA), as amended, (8 U.S.C. 1255a
note), and the subsequent
[[Page 14759]]
repeal of Section 204 of IRCA by Section 199(a) of Public Law 105-220.
II. Background
Section 204 of IRCA established a temporary program of State
Legalization Impact Assistance Grants (SLIAG) for states. Public Law
(Pub. L.) 99-603 (Nov. 6, 1986). Section 201 of IRCA had allowed groups
of aliens who had been living in the United States to adjust their
immigration status. The purpose of SLIAG was to lessen the financial
impact on state and local governments presented by individuals with
newly adjusted status seeking public benefits. The SLIAG program
provided reimbursement to states for costs of certain public
assistance, public health, and education services they had provided
these individuals.
IRCA directed HHS to issue regulations establishing a formula for
allotting funds to each state and permitted HHS to issue other
regulations as long as HHS consulted with state and local governments
on any regulations. IRCA 204(b)(1), 204(i). HHS issued 45 CFR part 402
on March 10, 1998. State Legalization Impact Assistance Grants, 53 FR
7832 (Mar. 10, 1988). Part 402 established uniform requirements for
grant application, award, and administration, including eligible state
uses of SLIAG funds, which included education, health care, and social
services. This part also detailed financial management regulations,
reporting, and auditing requirements.
Congress appropriated $4 billion dollars for the SLIAG, starting
with $1 billion appropriated in fiscal year 1988 and another $1 billion
appropriated each year for the next three fiscal years, which states
were authorized to obligate through the end of fiscal year 1994. IRCA
204(a)(1), (b)(4). In 1992, Congress amended the legislation to provide
that any funds not expended by a state by December 30, 1994, be
reallocated to states that had spent their entire SLIAG allotments and
still had unreimbursed costs. Labor/Health and Human Services FY 1993,
Public Law 102-394 (Oct. 6, 1992). In 1994, Congress provided that all
the reallotted funds be spent by July 31, 1995. Labor/Health and Human
Services FY 1995 Appropriations Act, Public Law 103-333 (Sept. 30,
1994). After that date, the program ended. In 1998, Congress repealed
the program. Workforce Investment Act of 1998, Public Law 105-220 (Aug.
7, 1998).
III. Executive Summary
Effective Date
ACF expects all provisions included in the final rule to become
effective 60 days from the date of publication of the final rule.
IV. Discussion of Changes
ORR is removing 45 CFR part 402 in its entirety. The State
Legalization Impact Assistance Grants were a time-limited program that
operated from 1987 to 1995 to assist state and local agencies with any
incurred costs related to the implementation of the Immigration Reform
and Control Act of 1986. However, as this program has been inactive and
unfunded for over 30 years, the regulatory framework is now obsolete
and serves no current purpose. This action will decrease confusion and
burden for grantees and will ensure that only actively enforced
regulations remain in place.
Waiver of Notice and Comment Process
When engaging in rulemaking, HHS will ordinarily publish a notice
of proposed rulemaking in the Federal Register to provide a period for
public comment before the provisions of a rule take effect in
accordance with the Administrative Procedure Act (APA), 5 U.S.C.
553(b).\1\ Under the APA,\2\ an agency is not required to provide
notice and public comment prior to issuing a direct final rule when it
determines, for good cause, that such procedures are impracticable,
unnecessary, or contrary to the public interest. In such instances, the
agency must include in the rule a statement of its findings and the
reasons supporting its determination that the notice and public comment
procedure generally required under the APA are impracticable,
unnecessary, or contrary to the public interest.
---------------------------------------------------------------------------
\1\ <a href="https://www.govinfo.gov/link/uscode/5/553">https://www.govinfo.gov/link/uscode/5/553</a>.
\2\ 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------
At this point in time when the program is no longer functional, ACF
finds that it is unnecessary to provide a public comment period before
issuing this direct final rule. Courts have found ``good cause'' that
notice and comment is unnecessary when changes are considered ``a
routine determination, insignificant in nature and impact, and
inconsequential to the industry and to the public.'' Mack Trucks, Inc.
v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012) (quoting Utility Solid Waste
Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001)); accord
Nat. Res. Def. Council v. Nat'l Highway Traffic Safety Admin., 894 F.3d
95, 114 (2d Cir. 2018); N.C. Growers' Ass'n, Inc. v. United Farm
Workers, 702 F.3d 755, 766-67 (4th Cir. 2012); see Attorney General's
APA MANUAL 31 (`` `Unnecessary' refers to the issuance of a minor rule
in which the public is not particularly interested.''); APA LEGISLATIVE
HISTORY 200 (`` `Unnecessary' means unnecessary so far as the public is
concerned, as would be the case if a minor or merely technical
amendment in which the public is not particularly interested were
involved.'').
The rescission of this part is not of interest to the public to
provide comment on because the program is no longer funded. Rescinding
the outdated requirements related to this program poses no harm or
burden to programs or the public.
V. Regulatory Process Matters
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq., as
amended) (PRA), all Departments are required to submit to the Office of
Management and Budget (OMB) for review and approval any reporting or
recordkeeping requirements inherent in a proposed or final rule. This
direct final rule does not contain any information requiring OMB
approval under the PRA and, therefore, will not create any new
paperwork burdens or modify existing burdens subject to OMB review.
Executive Order 13132
Executive Order 13132 requires federal agencies to consult with
state and local government officials if they develop regulatory
policies with federalism implications. Federalism is rooted in the
belief that issues that are not national in scope or significance are
most appropriately addressed by the level of government close to the
people. This direct final rule would not have substantial direct impact
on the states, on the relationship between the federal government and
the states, or on the distribution of power and responsibilities among
the various levels of government. This direct final rule would not pre-
empt state law. The changes in this direct final rule are removing
unnecessary and obsolete regulations from the Office of Refugee
Resettlement rules. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this action does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
[[Page 14760]]
Assessment of Federal Regulations and Policies on Families
Assessment of Federal Regulations and Policies on Families Section
654 of the Treasury and General Government Appropriations Act of 1999
(Pub. L. 105-277) requires federal agencies to determine whether a
policy or regulation may negatively affect family well-being. If the
agency determines a policy or regulation negatively affects family
well-being, then the agency must prepare an impact assessment
addressing seven criteria specified in the law. HHS believes it is not
necessary to prepare a family policymaking assessment because the
actions in this direct final rule will not have any impact on the
autonomy or integrity of the family as an institution.
VI. Regulatory Impact Analysis
We have examined the impacts of this direct final rule under
Executive Order 12866, Executive Order 13563, Executive Order 14192,
the Regulatory Flexibility Act (5 U.S.C. 601-612), the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) and the Congressional
Review Act (5 U.S.C. 801, Pub. L. 104-121).
Executive Orders 12866 and 13563 direct us to assess all benefits
and costs of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits.
Rules are ``significant'' under Executive Order 12866 Section 3(f)(1)
if they ``have an annual effect on the economy of $100 million or more;
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities.'' Executive Order 14192 requires that any new incremental
costs associated with significant new regulations ``shall, to the
extent permitted by law, be offset by the elimination of existing costs
associated with at least ten prior regulations.'' The Office of
Information and Regulatory Affairs has determined that this direct
final rule is a significant action under Executive Order 12866 Section
3(f), but that it does not meet the criteria set forth in 5 U.S.C.
804(2) under the Congressional Review Act. This rule is a deregulatory
action under Executive Order 14192 because it eliminates obsolete and
unnecessary regulations.
The Regulatory Flexibility Act requires agencies to consider the
impact of their regulatory proposals on small entities. Because this
action would remove a program that is no longer in existence or funded,
the Secretary certifies that the direct final rule would not have a
significant economic impact on a substantial number of small entities.
The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires
that each agency conduct a cost-benefit analysis; identify and consider
a reasonable number of regulatory alternatives; and select the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule before promulgating any proposed or
final rule that includes a Federal mandate that may result in
expenditures of more than $100 million (adjusted for inflation) in at
least one year by state, local, and tribal governments, in the
aggregate, or by the private sector. Each agency issuing a rule with
relevant effects over that threshold must also seek input from state,
local, and tribal governments. The current threshold after adjustment
for inflation is $187 million, using the most current (2024) Implicit
Price Deflator for the Gross Domestic Product. This direct final rule
would not result in an expenditure in any year that meets or exceeds
this amount.
VII. Tribal Consultation Statement
Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, requires agencies to consult with Indian tribes
when regulations have tribal implications, meaning they have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. The SLIAG grants were awarded only to the
50 states and the territories, no funds were awarded to tribes. Thus,
this change will not have tribal implications.
List of Subjects in 45 CFR Part 402
Education, Grant programs-education, Grant programs-health, Grant
programs-social programs, Health care, Immigration, Public assistance
programs, Reporting and recordkeeping requirements.
PART 402--[REMOVED AND RESERVED]
0
For the reasons set forth in the preamble, under the authority of
section 204 the Immigration Reform and Control Act of 1986 (IRCA), as
amended (8 U.S.C. 1255a note), and the subsequent repeal of section 204
of IRCA by section 199(a) of Public Law 105-220, ACF removes and
reserves 45 CFR part 402.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-06027 Filed 3-26-26; 8:45 am]
BILLING CODE 4184-49-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 27, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.