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The 2026 proposal to trim HHS block grant regulations

Health and Human Services Department. November 2, 2026. Read the source.

What is HHS proposing to change in the block grant regulations?

On October 29, 2026, the Administration for Children and Families proposed to remove obsolete and duplicative text from 45 CFR part 96, the rules for seven HHS block grants. Under the Social Services Block Grant, a limit on short-term room and board in foster family homes would go away. LIHEAP weatherization waivers would follow the statute without the added procedural framework. CSBG would no longer be listed as having a time limit on spending. This is a proposed rule, and comments are due November 30, 2026.

What part 96 covers

Part 96 dates to July 6, 1982. It governs seven block grants: the Community Services Block Grant (CSBG), Preventive Health and Health Services, Community Mental Health Services (MHBG), Substance Use Prevention, Treatment, and Recovery Services (SUBG), Maternal and Child Health Services, the Social Services Block Grant (SSBG), and the Low-Income Home Energy Assistance Program (LIHEAP).

States and Tribes are the grantees. Much of the money then reaches local nonprofits and public agencies through state subgrants and contracts. A rule that changes what a state may pay for changes what its subgrantees can propose.

What the proposal changes

Room and board under SSBG. The statute bars SSBG funds for room and board, with exceptions that include short-term room and board provided as an “integral but subordinate” part of a social service and temporary emergency shelter provided as a protective service. Section 96.71 added that short-term room and board in a foster family home does not count. ACF proposes to remove section 96.71, which also narrows the term “employees” beyond the statute. ACF says states could then use the full statutory authority. Because SSBG is a capped program, ACF expects no increase in costs.

LIHEAP weatherization waivers. Grantees can seek a waiver to raise the share of LIHEAP funds used for weatherization from 15 percent to up to 25 percent. ACF proposes to remove the procedural steps in section 96.83 that go beyond the statute at 42 U.S.C. 8624(k). The “good cause” waiver remains. The December 15 deadline for Tribal LIHEAP applications in section 96.49 also stays.

Time limits on spending. Section 96.14 would no longer list CSBG as having a statutory time limit on expenditure, since Congress removed that cap. The section would add MHBG and SUBG, whose statute sets a two-year limit for obligation and expenditure.

SSBG reporting. Appendix A, the uniform definitions of twenty-nine service categories, would move out of the regulation into sub-regulatory guidance. Section 96.74 would drop its references to Appendix A and to “computer diskettes.” States would still report “Other Expenditures” as total dollar amounts.

CSBG audits and old dates. Section 96.91 would be removed because the CSBG Act sets its own audit requirements at 42 U.S.C. 9916(a)(2). Section 96.43, a set of LIHEAP procedures for FY 1982 only, would also be removed. Transitional language tied to long-past fiscal years would come out of several other sections.

HHS says the proposal contains no information collections and creates no new paperwork.

How to comment

Comments are due November 30, 2026. File them at regulations.gov under docket ACF-2026-0628, or by email to Deregulation@acf.hhs.gov with the docket number or RIN 0970-AD49 in the subject line. Comments are posted publicly without change, along with the commenter’s identity.

ACF did not hold Tribal consultation on this proposal. It encourages Tribes with comments to file them through the same process.

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