Proposed Rule2026-06646
Reducing Bureaucracy and Burden for Children, Youth, and Family Programs
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 Runaway and Homeless Youth Program regulations (45 CFR part 1351). These amendments will streamline the Runaway and Homeless Youth Program regulations to 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 17235-17239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06646]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1351
RIN 0970-AD37
Reducing Bureaucracy and Burden for Children, Youth, and Family
Programs
AGENCY: Family and Youth Services Bureau (FYSB), Administration on
Children, Youth and Families (ACYF), 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 Runaway and Homeless Youth Program regulations (45
CFR part 1351). These amendments will streamline the Runaway and
Homeless Youth Program regulations to 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-2026-0397 and/or RIN number 0970-AD37, 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#a2e6c7d0c7c5d7cec3d6cbcdcce2c3c1c48ccacad18cc5cdd4"><span class="__cf_email__" data-cfemail="4a0e2f382f2d3f262b3e2325240a2b292c64222239642d253c">[email protected]</span></a>. Include the docket number
ACF-2026-0397 and/or RIN number 0970-AD37 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
[[Page 17236]]
Human Services, Washington, DC 202-417-0115 or
<a href="/cdn-cgi/l/email-protection#612504130406140d0015080e0f210002074f0909124f060e17"><span class="__cf_email__" data-cfemail="97d3f2e5f2f0e2fbf6e3fef8f9d7f6f4f1b9ffffe4b9f0f8e1">[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 Runaway and Homeless
Youth Act of 1974, as amended, hereafter referred to as the ``Act,'' at
34 U.S.C. 11202.
II. Background
The Runaway and Homeless Youth (RHY) Program, authorized under the
Runaway and Homeless Youth Act (34 U.S.C. 11201 et seq.), enables HHS
to provide grants to public and nonprofit private entities to deliver
services to runaway and homeless youth and youth at risk of
homelessness. The RHY program includes the Basic Center Program, the
Transitional Living Program (including the Maternity Group Home
Program), and the Street Outreach Program, which together support
emergency shelter, transitional housing, outreach, counseling, and
related services to promote youth safety, well-being, and long-term
stability. The RHY program also funds a national communications system,
grants for training and technical assistance, and grants for research,
evaluation, training, and service projects. HHS has issued regulations
for the RHY Program at 45 CFR part 1351.
HHS initially published regulations for the RHY Program on November
20, 1978. Office of Human Development Services, Department of Health,
Education, and Welfare, 43 FR 55634 (Nov. 20, 1978) (codified at 45 CFR
pt. 1351). The regulations were most recently amended in 2016. Runaway
and Homeless Youth, 81 FR 93030 (Dec. 20, 2016). The most recent
revisions added program performance standards and provided additional
updates to reflect changes in the RHY Act made through the Reconnecting
Homeless Youth Act of 2008 (Pub. L. 110-378). See Runaway and Homeless
Youth, 81 FR 93030, 93030 (Dec. 20, 2016). HHS now proposes revisions
to 45 CFR part 1351 to clarify program requirements, reduce unnecessary
administrative burden, and better align the regulations with current
statutory authority and language, while maintaining program operations
and effective management of grant funds.
III. Executive Summary
This NPRM proposes to rescind multiple regulation sections that are
either duplicative or unnecessary. The regulation sections contained in
this NPRM 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.
The sections of the RHY regulations proposed for removal because
they are duplicative are 45 CFR 1351.11, 45 CFR 1351.12, 45 CFR
1351.13, and 45 CFR 1351.20. Duplicative regulations impose no new
obligations and offer no new guidance because the authority and
requirements are pulled directly from other statutes and regulations.
45 CFR 1351.11 is duplicative because it merely restates RHY grant
eligibility requirements articulated in the Act at 34 U.S.C.
11211(a)(1), 34 U.S.C. 11221, and 34 U.S.C. 11261(a). The regulation
section offers no information or clarification that is not otherwise
found in the statute. Similarly, 45 CFR 1351.12 explains how the
Secretary prioritizes awards for RHY grants but does not extend
discussion beyond the associated statutory language. 45 CFR 1351.13
addresses grant matching requirements that are also found in the
statute; here, the statute includes even more detail than the
regulation, leaving the regulation section without purpose. Compare 34
U.S.C. 11274 with 45 CFR 1351.13. Finally, 45 CFR 1351.20 lists
Government-wide and HHS-wide regulations that apply to RHY grant
programs. The cited regulations apply to grant recipients and
subrecipients regardless of whether they are listed in the RHY
regulations, so their inclusion in the RHY regulations creates no
additional authority. Further, the list of authorities included at 45
CFR 1351.20 is not an exhaustive list of all Federal regulations that
apply to grant recipients and subrecipients, making its inclusion in
the RHY regulations not merely duplicative but potentially confusing.
See Runaway and Homeless Youth, 81 FR 93030, 93044-45 (Dec. 20, 2016).
Several sections of the RHY regulations are proposed for removal
because they are unnecessary and better suited for a different format,
such as a Notice of Funding Opportunity (NOFO). The RHY regulation
sections proposed as unnecessary are 45 CFR 1351.10, 45 CFR 1351.14, 45
CFR 1351.15, 45 CFR 1351.17, 45 CFR 1351.24, 45 CFR 1351.25, and 45 CFR
1351.27.
45 CFR 1351.10 articulates the general purpose of the RHY Program.
This section merely summarizes the programs funded by the RHY Act and
outlines ACF's goals for the RHY Program. It imposes no obligations on
grant recipients or applicants, nor 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 NOFO or in fact
sheets distributed by ACF.
45 CFR 1351.14 is proposed for removal because its sole purpose is
to provide RHY grant applicants recipients with information about
project periods. NOFOs routinely provide grant applicants and
recipients with identical information about grant project periods,
making this regulation section unnecessary.
45 CFR 1351.15-16 include descriptions of allowable costs (45 CFR
1351.15) and unallowable costs (45 CFR 1351.16) and are also better
suited for NOFOs than for regulations. The language in these sections
also appears elsewhere in the RHY regulations, making such content
duplicative as well as unnecessary. See, e.g., 45 CFR 1351.16(b)
(prohibiting activities already listed as unallowable at 45 CFR 1351.1
under the definition of ``counseling services'').
45 CFR 1351.17 purports to address RHY grant application
requirements but includes no guidance on application requirements other
than referral to NOFO content (referenced as a ``funding opportunity
announcement'' in regulation). This regulation section serves no
purpose for grant applicants seeking clarity on application
requirements other than to point them to a document that they already
understood that they would need to follow. As such, it is unnecessary,
and we propose removal.
45 CFR 1351.24, 45 CFR 1351.25, and 45 CFR 1351.27 are unnecessary
for the same reasons as the regulation sections described above. These
three sections include a list of additional requirements for the Basic
Center Program (45 CFR 1351.24), the Transitional Living Program and
Maternity Group Home Program (45 CFR 1351.25), and the Street Outreach
Program (45 CFR 1351.27). Each section discussed here includes a
subsection indicating that the NOFOs (referenced in regulation as
``funding opportunity announcement'') will include additional program
requirements. See 45 CFR 1351.24(f), 45 CFR 1351.25(b), 45 CFR
1351.27(c). Grant applicants and recipients will therefore need to rely
on the NOFO to gain a full understanding of grant requirements already,
so removing these sections of the RHY regulations promotes clarity and
reduces burdensome materials.
[[Page 17237]]
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 RHY regulations because it is
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 the RHY
regulations remain as concise and accessible as possible. None of the
provisions proposed for removal in this NPRM are dependent on the
validity of other, separate provisions.
IV. Discussion of Proposed Changes
45 CFR Part 1351 Runaway and Homeless Youth Program
Subpart B--Runaway and Homeless Youth Program Grants
Section 1351.10 What is the purpose of Runaway and Homeless Youth
Program grants?
This Section is proposed for removal because it is unnecessary.
This Section explains the general purpose of Runaway and Homeless Youth
Program 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 into the opening of a Notice of Funding
Opportunity (NOFO) and described elsewhere in sub-regulatory guidance.
Section 1351.11 Who is eligible to apply for a Runaway and Homeless
Youth Program grant?
This Section discusses eligibility for RHY Program grants. It is
proposed for removal because it generally duplicates statutory
language. This Section is not needed in regulation because the statute
that authorizes this Section (Sections 11211(a)(1), 11222, and 11261(a)
of the RHY Act) is already prescriptive in terms of eligibility for
grant funds and the regulatory language does not provide additional
clarification.
Section 1351.12 Who gets priority for the award of a Runaway and
Homeless Youth Program grant?
This Section discusses which applicants receive priority for the
RHY Program grant awards. This Section is proposed for removal because
it is largely duplicative of statutory text from the RHY Act. In most
cases, the language used in this regulation section is identical to the
language describing grant eligibility requirements in the statute. See
34 U.S.C. 11213(b) (priority requirements for the Basic Center
Program); 34 U.S.C. 11222(b) (priority requirements for the
Transitional Living Program); 34 U.S.C. 11261(b) (priority requirements
for the Street Outreach Program); 34 U.S.C. 11231 (priority
requirements for the national communications system) 34 U.S.C. 11243(b)
(priority requirements for research, evaluation, demonstration and
service projects).
Where the regulatory language has modified statutory language
slightly, such as at 45 CFR 1351(d) (expanding the statutory
requirement for the national communications grant to prioritize
applicants with experience providing telephonic services to runaway and
homeless youth to prioritize applicants who have experience providing
``electronic communication services''), distinctions can be explained
via NOFO. NOFOs can likewise appropriately articulate 45 CFR
1351.12(f), which requires the Secretary to incorporate program
performance standards listed at 45 CFR 1351.30-32 into grantmaking,
monitoring, and evaluation. This subsection already states that NOFOs
will include such content.
Section 1351.13 What are the Federal and non-Federal match requirements
under a Runaway and Homeless Youth Program grant?
This Section discusses match requirements for RHY Program grants.
This Section is proposed for removal because it duplicates statutory
match requirements almost exactly. Compare 34 U.S.C. 11274 with 45 CFR
1351.13. This section adds nothing to assist the public understand the
statutory match requirement better than the statute and therefore
serves no purpose.
Section 1351.14 What is the period for which a grant will be awarded?
This Section discusses the grant period for RHY Program grants.
This Section is proposed for removal because it is unnecessary.
Information about grant periods already appears in NOFOs and is better
suited there. Furthermore, this Section is ambiguous because it states,
``generally the grant will initially be for one year.'' Corresponding
language in NOFOs is therefore already necessary to inform grant
applicants and recipients about the specific period of their grants.
Section 1351.15 What costs are supportable under a Runaway and Homeless
Youth Program grant?
This Section discusses allowable costs for RHY Program grants. This
Section is proposed for removal because grant terms and conditions,
including allowable expenditures of a grant, are best suited for NOFOs
and other grant documents and in most cases, already appear in those
documents. Including them in regulation is unnecessary.
Section 1351.16 What costs are not allowable under a Runaway and
Homeless Youth Program grant?
This Section discusses non-allowable costs for RHY Program grants.
As with 45 CFR 1351.15, this Section is proposed for removal because
grant terms and conditions, including lists of unallowable expenditures
of a grant, are best suited for NOFOs and other grant documents. NOFOs
already include lists of unallowable expenses, including those listed
in this Section.
This Section is also duplicative in part. 45 CFR 1351.1 already
prohibits the activities described in 45 CFR 1351.16(b); there is no
need to include the same expense prohibition twice in the RHY
regulations.
Section 1351.17 How is application made for a Runaway and Homeless
Youth Program grant?
This Section discusses the process of applying for RHY Program
grants. We propose removal because this section is unnecessary; it
merely directs grant applicants to follow the instructions in the NOFO
(references in regulation as ``funding opportunity announcements'')
without further detail or clarification.
Subpart C--Additional Requirements
Section 1351.20 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 RHY 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 Runaway and Homeless Youth, 81
FR 93030, 93044-45 (Dec. 20, 2016) (``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 RHY grant recipients and subrecipients (and in many cases, all
HHS or Federal agency grant recipients and subrecipients) regardless of
whether
[[Page 17238]]
they are included in the RHY regulations, and the arbitrary nature by
which the listed regulations were selected for inclusion demonstrates
further that this section serves no purpose.
Section 1351.24 What are the additional requirements that the Basic
Center Program grantees must meet?
This Section discusses requirements for the Basic Center Program.
This Section is proposed for removal because it is unnecessary. Grant
requirements are better suited for NOFOs or other grant documents, such
as supplemental terms and conditions. Further, this Section already
directs grant applicants and recipients to the NOFO (referred to as the
``funding opportunity announcement'') for additional requirements,
making any guidance provided by the regulation incomplete. See 45 CFR
1351.24(f).
Section 1351.25 What are the additional requirements that the
Transitional Living Program and Maternity Group Home grantees must
meet?
This Section discusses requirements for the Transitional Living
Program and Maternity Group Home grant. This Section is proposed for
removal because it is unnecessary. Grant requirements are better suited
for NOFOs or other grant documents, such as supplemental terms and
conditions. Further, this Section already directs grant applicants and
recipients to the NOFO (referred to as the ``funding opportunity
announcement'') for additional requirements, making any guidance
provided by the regulation incomplete. See 45 CFR 1351.25(b).
Section 1351.27 What are the additional requirements that the Street
Outreach Program grantees must meet?
This Section discusses requirements for Street Outreach Program.
This Section is proposed for removal because it is unnecessary. Grant
requirements are better suited for NOFOs or other grant documents, such
as supplemental terms and conditions. Further, this Section already
directs grant applicants and recipients to the NOFO (referred to as the
``funding opportunity announcement'') for additional requirements,
making any guidance provided by the regulation is incomplete. See 45
CFR 1351.27(c).
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 Family and Youth Services Bureau
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.
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 is simply repealing obsolete 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 (2005) 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
[[Page 17239]]
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.'' 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 may have
substantial direct effects on one or 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 Tribal
Consultation requirements of Executive Order 13175 nor does it meet
ACF's standard for consultation.
List of Subjects in 45 CFR Part 1351
Administrative practice and procedure, Grant programs-social
programs, Homeless, Reporting and recordkeeping requirements, Technical
assistance, Youth.
For the reasons set forth in the preamble, ACF proposes to amend 45
CFR part 1351 as follows:
PART 1351--RUNAWAY AND HOMELESS YOUTH PROGRAM
0
1. The authority citation for part 1351 continues to read as follows:
Authority: 34 U.S.C. 11201 et seq.
* * * * *
Sec. 1351.10 [Removed and Reserved]
0
2. Remove and reserve Sec. 1351.10.
Sec. 1351.11 [Removed and Reserved]
0
3. Remove and reserve Sec. 1351.11.
Sec. 1351.12 [Removed and Reserved]
0
4. Remove and reserve Sec. 1351.12.
Sec. 1351.13 [Removed and Reserved]
0
5. Remove and reserve Sec. 1351.13.
Sec. 1351.14 [Removed and Reserved]
0
6. Remove and reserve Sec. 1351.14.
Sec. 1351.15 [Removed and Reserved]
0
7. Remove and reserve Sec. 1351.15.
Sec. 1351.16 [Removed and Reserved]
0
8. Remove and reserve Sec. 1351.16.
Sec. 1351.17 [Removed and Reserved]
0
9. Remove and reserve Sec. 1351.17.
* * * * *
Sec. 1351.20 [Removed and Reserved]
0
10. Remove and reserve Sec. 1351.20.
* * * * *
Sec. 1351.24 [Removed and Reserved]
0
11. Remove and reserve Sec. 1351.24.
Sec. 1351.25 [Removed and Reserved]
0
12. Remove and reserve Sec. 1351.25.
* * * * *
Sec. 1351.27 [Removed and Reserved]
0
13. Remove and reserve Sec. 1351.27.
Dated: April 2, 2026.
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-06646 Filed 4-3-26; 8:45 am]
BILLING CODE 4184-33-P
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