---
kind: "section"
citation: "45 C.F.R. § 264.72"
title: "45"
number: "264.72"
heading: "What requirements are imposed on a State if it receives contingency funds?"
url: "https://uscodex.org/cfr/45/264.72"
---

# §264.72. What requirements are imposed on a State if it receives contingency funds?

- (a)
  - (1) A State must meet a Contingency Fund MOE level of 100 percent of historic State expenditures for FY 1994.
  - (2) A State must exceed the Contingency Fund MOE level to keep any of the contingency funds that it received. It may be able to retain a portion of the amount of contingency funds that match countable State expenditures, as defined in [§ 264.0](/cfr/45/264.0.md), that are in excess of the State's Contingency Fund MOE level, after the overall adjustment required by [section 403(b)(6)(C)](/cfr/45/403.md?p=b-6-C) of the Act.
- (b) A State must complete an annual reconciliation, in accordance with [§ 264.73](/cfr/45/264.73.md), in order to determine how much, if any, of the contingency funds that it received in a fiscal year it may retain.
- (c) If required to remit funds under the annual reconciliation, a State must remit all (or a portion) of the funds paid to it for a fiscal year within one year after it has failed to meet either the Food Stamp trigger or the Unemployment trigger, as defined in [§ 264.0](/cfr/45/264.0.md), for three consecutive months.
- (d) A State must expend contingency funds in the fiscal year in which they are awarded.
- (e) A State may not transfer contingency funds to the Discretionary Fund of the CCDF or the SSBG.
- (f) A State must follow the restrictions and prohibitions in effect for Federal TANF funds, including the provisions of [§ 263.11](/cfr/45/263.11.md) of this chapter, in its use of contingency funds.

## Notes

### Authority

Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C. 608, 609, 654, 1302, 1308, and 1337.

### Source

Source: 64 FR 17896, Apr. 12, 1999, unless otherwise noted.