Proposed Rule2026-06633
Reducing Bureaucracy and Burden in Family Violence and Prevention Services
Primary source
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Published
April 6, 2026
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Department of Health and Human Services, Administration for Children and Families, proposes to remove duplicative or unnecessary Sections from the Family Violence Prevention and Services program regulations (45 CFR part 1370). These amendments will streamline the Family Violence Prevention and Services regulations and make them more accessible to the public. The docket on https:// www.regulations.gov will include a plain language summary of the NPRM.
Full Text
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<title>Federal Register, Volume 91 Issue 65 (Monday, April 6, 2026)</title>
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[Federal Register Volume 91, Number 65 (Monday, April 6, 2026)]
[Proposed Rules]
[Pages 17239-17242]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06633]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1370
RIN 0970-AD42
Reducing Bureaucracy and Burden in Family Violence and Prevention
Services
AGENCY: Office of Family Violence Prevention and Services (OFVPS),
Administration for Children and Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Health and Human Services, Administration
for Children and Families, proposes to remove duplicative or
unnecessary Sections from the Family Violence Prevention and Services
program regulations (45 CFR part 1370). These amendments will
streamline the Family Violence Prevention and Services regulations and
make them more accessible to the public. The docket on <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include a plain language summary of the NPRM.
DATES: In order to be considered, written comments on this proposed
rule must be received on or before May 6, 2026.
ADDRESSES: You may submit written comments, identified by docket number
ACF-2026-0430 and/or RIN number 0970-AD42, 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#f8bc9d8a9d9f8d94998c919796b8999b9ed690908bd69f978e"><span class="__cf_email__" data-cfemail="6b2f0e190e0c1e070a1f0204052b0a080d45030318450c041d">[email protected]</span></a>. Include the docket number
ACF-2026-0430 and/or RIN number 0970-AD42 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.
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#f0b495829597859c9184999f9eb0919396de989883de979f86"><span class="__cf_email__" data-cfemail="014564736466746d6075686e6f416062672f6969722f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This proposed NPRM is being issued under the authority granted to
the Secretary of Health and Human Services by the Family Violence
Prevention and Services Act (FVPSA) at 42 U.S.C. 10404(a)(4).
II. Background
45 CFR part 1370, ``Family Violence Prevention and Services
Programs'' is a regulatory package established under FVPSA, as amended
(42 U.S.C. 10401 et seq.), that governs the administration of multiple
federal grants implemented for the purposes of increasing public
awareness about and preventing family violence, domestic violence, and
dating violence; providing immediate shelter and supportive services
for victims of family violence, domestic violence, and dating violence
and their dependents; providing for technical assistance and training
relating to family violence, domestic violence, and dating violence
programs; providing for State Domestic Violence Coalitions; providing
specialized services for abused parents and their children; and
operating a national domestic violence hotline.
The FVPSA regulations were initially published on February 22, 1996
(Family Violence Prevention and Services Programs, 61 FR 6791 (Feb. 22,
1996) (codified at 45 CFR pt. 1370)). They were amended on November 2,
2016. Family Violence and Prevention Services Program, 81 FR 76446
(Nov. 2, 2016) (codified at 45 CFR pt. 1370). The amended regulations
reflected FVPSA's
[[Page 17240]]
most recent reauthorization under the Child Abuse Prevention and
Treatment (CAPTA) Reauthorization Act of 2010 (Pub. L. 111-320). See 81
FR 76446, 76446. FVPSA has not been amended since 2010 and the FVPSA
regulations have not been amended since 2016.
III. Executive Summary
This NPRM proposes to rescind two Sections of the FVPSA regulations
that are duplicative or unnecessary. These rescissions would impact
States, Territories, Tribes, and nongovernmental entities. The
regulation Sections to be removed and reserved can be designated into
two categories: those that are duplicative and those that are
unnecessary because they are better suited for a different format other
than regulation.
45 CFR 1370.1 is proposed for removal because it is unnecessary.
This regulation Section articulates the general purpose of FVPSA grants
but merely summarizes the programs funded by the Act. It imposes no
obligations on grant recipients or applicants, not does it give any
guidance on how to interpret relevant statutory language. We propose
removal because the content in this regulation Section could assist
grant applicants and recipients more effectively in the introduction to
a Notice of Funding Opportunity (``NOFO'') or in fact sheets
distributed by ACF.
45 CFR 1370.3 is proposed for removal because it is duplicative. It
imposes no new obligations and offers no new guidance because the
authority and requirements are pulled directly from other statutes and
regulations. 45 CFR 1370.3 lists Government-wide and HHS-wide
regulations that apply to FVPSA grant recipients and subrecipients. The
cited regulations apply to grant recipients and subrecipients
regardless of whether they are listed in the FVPSA regulations, so
their inclusion in the FVPSA regulations creates no additional
authority. We propose removal of this Section because it serves no
purpose other than to repeat requirements that are available elsewhere.
Further, the list of authorities included at 45 CFR 1370.3 is not an
exhaustive list of all Federal regulations that apply to grant
recipients and subrecipients, making its inclusion in the FVPSA
regulations not merely duplicative but potentially confusing. See
Family Violence Prevention and Services Program, 80 FR 61890, 61896
(proposed Oct. 14, 2015).
45 CFR 1370.6 is proposed for removal because it is unnecessary and
better suited to a different format such as sub-regulatory guidance or
inclusion in a NOFO. 45 CFR 1370.6 addresses requirements for reports
and evaluations for FVPSA formula grants. The first part of the
regulation merely restates the reporting requirement listed in the
FVPSA statute at 42 U.S.C. 10406(d). The rest of the regulation does
not impose an obligation on grant recipients, but rather, clarifies
that Territorial governments must also submit a performance report
unless they consolidate FVPSA funds with other HHS funds in a
Consolidated Block Grant under 45 CFR part 97, in which case they do
not need to submit a performance report. ACF initially added this
clarifying language to address earlier questions about reporting
requirements for Territorial grantees. See Family Violence Prevention
and Services Program, 80 FR 61890, 61899 (proposed Oct. 14, 2015).
Territories that have consolidated FVPSA funds with other HHS funds in
a Consolidated Block Grant are bound by 48 U.S.C. 1469a and 45 CFR part
97 and are already on notice that they do not need to submit a separate
performance report for FVPSA compliance. This Section of the regulation
is unnecessary because grant recipients and subrecipients are already
informed about reporting requirements through existing NOFOs, the FVPSA
statute itself, and other applicable law and regulations. Grant
documents and sub-regulatory guidance are better suited than regulation
to answer questions from any grant recipient, including Territories,
about reporting obligations.
45 CFR 1370.30, 45 CFR 1370.31, and 45 CFR 1370.32 are proposed for
removal because they are in part duplicative of statutory language and
in part unnecessary. These three Sections address requirements for
National Resource Center and Training and Technical Assistance grants
(45 CFR 1370.30), requirements for specialized services for abused
parents and their children (``SSAPC'') grants (45 CFR 1370.31), and
requirements for National Domestic Violence Hotline grants (45 CFR
1370.32). Most of the language in these Sections repeats requirements
articulated clearly in statute and serves no purpose in regulation.
Compare 42 U.S.C. 10410 with 45 CFR 1370.30; 42 U.S.C. 10412 with 45
CFR 1370.32; 42 U.S.C. 10411 with 45 CFR 1370.31.
Although much of the FVPSA regulation restates statutory language
in these three Sections, even language that diverges from statutory
requirements is not necessary to include in regulation. Conversely,
other Sections of the FVPSA regulation restate the authorizing statute
in part but also include additional requirements not found in statute
that are necessary for program operation. See, e.g., 45 CFR 1370.10
(outlining requirements for State and Indian Tribal grants and
describing consultation requirements for Tribes), 45 CFR 1370.20
(describing requirements for State Domestic Violence Coalitions and
detailing the process through which ACF designates entities to serve as
State Domestic Violence Coalitions). In 45 CFR 1370.30-32, where
regulatory language expands on or diverges from statutory language,
such as SSAPC grant application requirements listed in 45 CFR
1371.31(b), content can be shifted from regulatory text to NOFOs and
other grant documents without negative consequences. Indeed, all NOFOs
must include all application requirements already, and agency
expectations that differ from those listed in the statute are
especially important to explain via grant application documents
regardless of whether they are already located in regulation.
Severability
The purpose of this Section is to clarify ACF's intent with respect
to the severability of the provisions of this NPRM. As explained above,
ACF proposes removing Sections of the FVPSA regulations because we
determined that doing so would make the regulations clearer, less
burdensome, and more accessible to the public. To the extent that any
portion of the proposed removals are declared invalid by a court, ACF
intends for all other provisions of this proposed rule to remain in
effect to the greatest extent possible to ensure that FVPSA regulations
remain as concise and accessible as possible. None of the provisions
contained herein are central to an overall intent of the proposed rule,
nor are any provisions dependent on the validity of other, separate
provisions.
IV. Discussion of Proposed Changes
45 CFR Part 1370 Family Violence Prevention and Services Programs
Subpart A--General Provisions
Section 1370.1 What are the purposes of the Family Violence Prevention
and Services Act Programs?
This Section is proposed for removal because it is unnecessary.
This Section explains the general purpose of FVPSA grants but provides
no instructions to grant applicants or recipients, nor does it impose
any new obligations. Thus, this Section is not needed in regulation and
would better serve grant applicants and recipients if it were moved to
the
[[Page 17241]]
opening of a NOFO and described elsewhere in sub-regulatory guidance.
Section 1370.3 What Government-Wide and HHS-Wide regulations apply to
these programs?
This Section is proposed for removal because it is duplicative. The
Section restates a list of Federal regulations applicable to FVPSA
grant recipients and subrecipients without explanation of why each
regulation is flagged yet excludes other Federal regulations that apply
to all grant recipients and subrecipients. See Family Violence
Prevention and Services Program, 80 FR 61890, 61896 (proposed Oct. 14,
2015) (``This new list does not attempt to list all of the Federal laws
and regulations . . . that pertain to organizations that may be grant
awardees.''). The listed regulations apply to FVPSA grant recipients
and subrecipients (and in many cases, all HHS or Federal agency grant
recipients and subrecipients) regardless of whether they are included
in FVPSA regulations, and the arbitrary nature by which the listed
regulations were selected for inclusion demonstrates further that this
Section serves no purpose.
Section 1370.6 What requirements for reports and evaluations apply to
these programs?
This Section is proposed for removal because it is part duplicative
and in part unnecessary. This Section merely restates formula grant
reporting requirements found in the FVPSA statute at 42 U.S.C. 10406(d)
and reporting requirements for Consolidated Block Grants in 45 CFR part
97. While this Section was added to the FVPSA regulations to ``clarify
requirements that have been questioned in the past,'' the FVPSA
statute, Standing NOFOs, and existing program instructions are
sufficiently clear about reporting requirements to make this Section
unnecessary. Any remaining questions about FVPSA performance reports
for Territory grant recipients are best addressed in sub-regulatory
guidance which would also allow for more detail than the regulatory
language includes.
Subpart D--Discretionary Grants and Contracts
Section 1370.30 What National Resource Center and Training and
Technical Assistance grant programs are available and what additional
requirements apply?
This Section describes national resource center and training and
technical assistance grants authorized in the FVPSA Program at 42
U.S.C. 10410 and lists additional requirements for the grants. This
Section is proposed for removal because it is unnecessary. Most of this
Section merely summarizes the statutory language, which is already
prescriptive in its description of available grants, allowable
activities, and eligibility requirements. While the terminology in the
regulation Section sometimes differs slightly from the statutory
language, this Section includes no new obligations or necessary
clarifications. Where the regulation Section provides a more detailed
description of program requirements than the statute, such description
should be relocated to NOFOs. Grant requirements are better suited for
NOFOs or other grant documents, such as supplemental terms and
conditions. For example, the term ``Culturally-Specific Special Issue
Resource Centers'' appears in the regulation at 45 CFR 1370.30(a)(4)
but not in statute, but using this term over the corresponding
statutory language at 42 U.S.C. 10410(b)(2)(E) has no impact on grant
applicants or recipients. Where the regulation section provides a more
detailed description of program requirements than the statute, such
description should be relocated to NOFOs. Indeed, this Section already
directs grant applicants and recipients to refer to the NOFO (here
called a ``Funding Opportunity Announcement'') for more information
about application requirements, making any guidance provided by this
Section incomplete. See 45 CFR 1370.30(b).
Section 1370.31 What additional requirements apply to grants for
specialized services for abused parents and their children?
This Section is proposed for removal because it is unnecessary.
Most of this Section summarizes authorizing statutory language from 42
U.S.C. 10412, which is already prescriptive in its description of
available grants, allowable activities, and eligibility requirements.
Where the regulation Section provides a more detailed description of
program requirements than the statute, such as in 45 CFR 1370.31(b),
such description should be relocated to NOFOs. Grant requirements are
better suited for NOFOs or other grant documents, such as supplemental
terms and conditions. As with 45 CFR 1370.30 cited above, this Section
already directs grant applicants and recipients to refer to the NOFO
(here called a ``Funding Opportunity Announcement'') for more
information about application requirements, making any guidance
provided by this Section incomplete. See 45 CFR 1370.30(b)(4).
Section 1370.32 What additional requirements apply to the National
Domestic Violence Hotline grants?
This Section is proposed for removal because it is unnecessary.
Most of this Section summarizes the statutory language at 42 U.S.C.
10411, which is already prescriptive in its description of allowable
activities, and eligibility requirements for National Domestic Violence
Hotline grants. Where the regulation Section provides a more detailed
description of program requirements than the statute or differs from
the statute, such as including a definition of ``telephone'' at 45 CFR
1370.32(b) that incorporates a broader use than the term initially
held, such clarifications should be relocated to NOFOs. Grant
requirements are better suited for NOFOs or other grant documents, such
as supplemental terms and conditions. Indeed, this Section already
directs grant applicants and recipients to refer to the NOFO (here
called a ``Funding Opportunity Announcement'') for more information
about application requirements, making any guidance provided by this
Section incomplete. See 45 CFR 1370.32(c)(7).
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
NPRM 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 proposed 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 NPRM would not pre-empt State law.
The changes proposed in the NPRM are removing duplicative and
unnecessary regulations from the Office of Family Violence
[[Page 17242]]
Prevention and Services regulations. 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.
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 proposed in this NPRM 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 the proposed rule under Executive
Order 12866, Executive Order 13563, Executive Order 14192, the
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
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 (OIRA) has determined that this
proposed rule is not a significant action under Executive Order 12866
Section 3(f). This analysis indicates that the proposed rule, if
finalized would be a deregulatory action as defined by Section 3 of
Executive Order 14192.
The Regulatory Flexibility Act (RFA) requires agencies to consider
the impact of their regulatory proposals on small entities. Because
this NPRM proposes repealing duplicative and unnecessary language, we
propose to certify that the proposed 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 $193 million, using the most current (2025) Implicit
Price Deflator for the Gross Domestic Product. This proposed 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 ``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.'' Consultation and
Coordination With Indian Tribal Governments, 65 FR 67249. Similarly,
ACF's Tribal Consultation Policy says that consultation is triggered
for any legislative proposal, new rule adoption, or other policy change
that significantly affects Tribes, meaning there exists a reasonable
presumption that it has or many have substantial direct effects on one
on more Indian tribes, on the relationship between the Federal
Government and Indian Tribes, on the amount or duration of ACF program
funding, on the delivery of ACF programs or services to one or more
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. However, as this is a
deregulatory action, per OMB M-25-36, Streamlining the Review of
Deregulatory Actions, this action presumptively does not trigger the
consultation requirements of Executive Order 13175. ACF is nevertheless
committed to consulting with Indian Tribes and Tribal leadership on
this action to the extent practicable and permitted by law.
List of Subjects in 45 CFR Part 1370
Administrative practice and procedure, Child welfare, Domestic
violence, Grant programs--Indians, Grant programs--social programs,
Public assistance programs, Reporting and recordkeeping requirements,
Technical assistance.
For the reasons set forth in the preamble, ACF proposes to amend 45
CFR part 1370 as follows:
PART 1370--FAMILY VIOLENCE PREVENTION AND SERVICES PROGRAMS
0
1. The authority citation for part 1370 continues to read as follows:
Authority: 42 U.S.C. 10401 et seq.
* * * * *
Sec. 1370.1 [Removed and Reserved]
0
2. Remove and reserve Sec. 1370.1
* * * * *
Sec. 1370.3 [Removed and Reserved]
0
3. Remove and reserve Sec. 1370.3.
* * * * *
Sec. 1370.6 [Removed and Reserved]
0
4. Remove and reserve Sec. 1370.6.
* * * * *
Sec. 1370.30 [Removed and Reserved]
0
5. Remove and reserve Sec. 1370.30.
Sec. 1370.31 [Removed and Reserved]
0
6. Remove and reserve Sec. 1370.31.
Sec. 1370.32 [Removed and Reserved]
0
7. Remove and reserve Sec. 1370.32.
Dated: April 2, 2026.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-06633 Filed 4-3-26; 8:45 am]
BILLING CODE 4184-32-P
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