45 C.F.R. Subpart B—What Rules Apply to the Use of Federal TANF Funds?
Title 45 - Public Welfare
(a) If a State misuses its Federal TANF funds, we will reduce the SFAG payable for the immediately succeeding fiscal year quarter by the amount misused. (b) If the State fails to demonstrate that the misuse was not intentional, we will further reduce the SFAG payable for the immediately succeeding fiscal year quarter in an amount equal to five percent of the adjusted SFAG. (c) The reasonable cause and corrective compliance provisions of §§262.4 through 262.6 of this chapter apply to the penalties specified in paragraphs (a) and (b) of this section. (a) States may use Federal TANF funds for expenditures: (1) That are reasonably calculated to accomplish the purposes of TANF, as specified at §260.20 of this chapter; or (2) For which the State was authorized to use IV-A or IV-F funds under prior law, as in effect on September 30, 1995 (or, at the option of the State, August 21, 1996). (b) We will consider use of funds in violation of paragraph (a) of this section, sections 404 and 408 and other provisions of the Act, section 115(a)(1) of PRWORA, the provisions of part 92 of this title, or OMB Circular A–87 to be misuse of funds. (a) The State must show, to our satisfaction, that it used these funds for purposes that a reasonable person would consider to be within the purposes of the TANF program (as specified at §260.20 of this chapter) and consistent with the provisions listed in §263.11. (b) We may determine that a State misused funds intentionally if there is supporting documentation, such as Federal guidance or policy instructions, precluding the use of Federal TANF funds for such purpose. (c) We may also determine that a State intentionally misused funds if the State continues to use the funds in the same or similarly improper manner after receiving notification that we had determined such use to be improper. (a)(i) Yes, a State may not spend more than 15 percent of the amount that it receives as its adjusted SFAG, or under other provisions of section 403 of the Act, on “administrative costs,” as defined at §263.0(b). (ii) Any violation of the limitation in paragraph (a)(i) of this section will constitute a misuse of funds under §263.11(b). (b) Expenditures on the information technology and computerization needed for tracking and monitoring required by or under part IV-A of the Act do not count towards the limit specified in paragraph (a) of this section. (1) This exclusion covers the costs for salaries and benefits of staff who develop, maintain, support or operate the portions of information technology or computer systems used for tracking and monitoring. (2) It also covers the costs of contracts for development, maintenance. support, or operation of those portions of information technology or computer systems used for tracking or monitoring.
Title 45: Public Welfare
PART 263—EXPENDITURES OF STATE AND FEDERAL TANF FUNDS
Subpart B—What Rules Apply to the Use of Federal TANF Funds?
§ 263.10 What actions would we take against a State if it uses Federal TANF funds in violation of the Act?
§ 263.11 What uses of Federal TANF funds are improper?
§ 263.12 How will we determine if a State intentionally misused Federal TANF funds?
§ 263.13 Is there a limit on the amount of Federal TANF funds that a State may spend on administrative costs?
