Proposed Streamlining of Family Violence Prevention and Services Regulations

Content

ACTION:

Notice of proposed rulemaking.

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 https://www.regulations.gov 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:

• Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.

• Email: Deregulation@acf.hhs.gov. 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 www.regulations.gov, 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 Deregulation@acf.hhs.gov.

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

  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

  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

  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

1. The authority citation for part 1370 continues to read as follows:

Authority:

42 U.S.C. 10401 et seq.

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§ 1370.1 [Removed and Reserved] 2. Remove and reserve § 1370.1

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§ 1370.3 [Removed and Reserved] 3. Remove and reserve § 1370.3.

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§ 1370.6 [Removed and Reserved] 4. Remove and reserve § 1370.6.

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§ 1370.30 [Removed and Reserved] 5. Remove and reserve § 1370.30.

§ 1370.31 [Removed and Reserved] 6. Remove and reserve § 1370.31.

§ 1370.32 [Removed and Reserved] 7. Remove and reserve § 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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