---
kind: "section"
citation: "34 C.F.R. § 75.61"
title: "34"
number: "75.61"
heading: "Certification of eligibility; effect of ineligibility."
url: "https://uscodex.org/cfr/34/75.61"
---

# §75.61. Certification of eligibility; effect of ineligibility.

- (a) An individual who applies for a fellowship, scholarship, or discretionary grant from the Department shall provide with his or her application a certification under the penalty of perjury—
  - (1) That the individual is eligible under [§ 75.60](/cfr/34/75.60.md); and
  - (2) That the individual has not been debarred or suspended by a judge under section 421 of the Controlled Substances Act ([21 U.S.C. 862](/usc/21/862.md)).
- (b) **The Secretary specifies the form of the certification required under paragraph (a) of this section.**
- (c) **The Secretary does not award a fellowship, scholarship, or discretionary grant to an individual who—**
  - (1) Fails to provide the certification required under [paragraph (a)](#a) of this section; or
  - (2) **Is ineligible, based on information available to the Secretary at the time the award is made.**
- (d) If a fellowship, scholarship, or discretionary grant is made to an individual who provided a false certification under [paragraph (a)](#a) of this section, the individual is liable for recovery of the funds made available under the certification, for civil damages or penalties imposed for false representation, and for criminal prosecution under [18 U.S.C. 1001](/usc/18/1001.md).

## Notes

### Amendments

[57 FR 30337, July 8, 1992, as amended at 89 FR 70320, Aug. 29, 2024]

### Source

Source: Sections 75.60 through 75.62 appear at 57 FR 30337, July 8, 1992, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

### Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

### Amendments

[57 FR 30337, July 8, 1992, as amended at 89 FR 70320, Aug. 29, 2024]