[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR286.205]

[Page 197-198]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 286--TRIBAL TANF PROVISIONS--Table of Contents
 
                 Subpart D--Accountability and Penalties
 
Sec. 286.205  How will we determine if a Tribe fails to meet the minimum 
work participation rate(s)?

    (a) We will use the Tribal TANF Data Reports required under Sec. 
286.255 to determine if we will assess the penalty under Sec. 
286.195(a)(3) for failure to meet the minimum participation rate(s) 
established for the Tribe.
    (b) Each Tribal TANF Grantee's quarterly reports (the TANF Data 
Report and the Tribal TANF Financial Report) must be complete and 
accurate and filed by the due date. The accuracy of the reports are 
subject to validation by us.
    (1) For a disaggregated data report, ``a complete and accurate 
report'' means that:
    (i) The reported data accurately reflect information available to 
the Tribal TANF grantee in case records, financial records, and 
automated data systems;
    (ii) The data are free from computational errors and are internally 
consistent (e.g., items that should add to totals do so);
    (iii) The Tribal TANF grantee reports data for all required elements 
(i.e., no data are missing);
    (iv) The Tribal TANF grantee provides data on all families; or
    (v) If the Tribal TANF grantee opts to use sampling, the Tribal TANF 
grantee reports data on all families selected in a sample that meets the 
specification and procedures in the TANF Sampling Manual (except for 
families listed in error); and
    (vi) Where estimates are necessary (e.g., some types of assistance 
may require cost estimates), the Tribal TANF grantee uses reasonable 
methods to develop these estimates.
    (2) For an aggregated data report, ``a complete and accurate 
report'' means that:
    (i) The reported data accurately reflect information available to 
the Tribal TANF grantee in case records, financial records, and 
automated data systems;
    (ii) The data are free from computational errors and are internally 
consistent (e.g., items that should add to totals do so);
    (iii) The Tribal TANF grantee reports data on all applicable 
elements; and

[[Page 198]]

    (iv) Monthly totals are unduplicated counts for all families (e.g., 
the number of families and the number of out-of-wedlock births are 
unduplicated counts).
    (3) For the Tribal TANF Financial Report, a ``complete and accurate 
report'' means that:
    (i) The reported data accurately reflect information available to 
the Tribal TANF grantee in case records, financial records, and 
automated data systems;
    (ii) The data are free from computational errors and are internally 
consistent (e.g., items that should add to totals do so);
    (iii) The Tribal TANF grantee reports data on all applicable 
elements; and
    (iv) All expenditures have been made in accordance with 45 CFR part 
92 and all relevant OMB circulars.
    (4) We will review the data filed in the quarterly reports to 
determine if they meet these standards. In addition, we will use audits 
and reviews to verify the accuracy of the data filed by the Tribal TANF 
grantee.
    (c) Tribal TANF grantees must maintain records to adequately support 
any report, in accordance with 45 CFR part 92 and all relevant OMB 
circulars.
    (d) If we find reports so significantly incomplete or inaccurate 
that we seriously question whether the Tribe has met its participation 
rate, we may apply the penalty under Sec. 286.195(a)(3).