[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.32]

[Page 235]
 
                           TITLE 34--EDUCATION
 
PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents
 
                Subpart B_Hearings for Recovery of Funds
 
Sec. 81.32  Proportionality.

    (a)(1) A recipient that made an unallowable expenditure or otherwise 
failed to account properly for funds shall return an amount that is 
proportional to the extent of the harm its violation caused to an 
identifiable Federal interest associated with the program under which it 
received the grant or cooperative agreement.
    (2) An identifiable Federal interest under paragraph (a)(1) of this 
section includes, but is not limited to, the following:
    (i) Serving only eligible beneficiaries.
    (ii) Providing only authorized services or benefits.
    (iii) Complying with expenditure requirements and conditions, such 
as set-aside, excess cost, maintenance of effort, comparability, 
supplement-not-supplant, and matching requirements.
    (iv) Preserving the integrity of planning, application, 
recordkeeping, and reporting requirements.
    (v) Maintaining accountability for the use of funds.
    (b) The appendix to this part contains examples that illustrate how 
the standards for proportionality apply. The examples present 
hypothetical cases and do not represent interpretations of any actual 
program statute or regulation.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234b(a), and 3474(a))

[54 FR 19512, May 5, 1989. Redesignated at 58 FR 43473, Aug. 16, 1993]