Link to an amendment published at 89 FR 70320, Aug. 29, 2024.

1. (a) An entity that provides a fellowship, scholarship, or discretionary grant to an individual under a grant from, or an agreement with, the Secretary shall require the individual who applies for such an award to provide with his or her application a certification under the penalty of perjury—

   1. (1) That the individual is eligible under § 75.60; and
   2. (2) That the individual has not been debarred or suspended by a judge under section 5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a).

2. (b) An entity subject to this section may not award a fellowship, scholarship, or discretionary grant to an individual if—

   1. (1) The individual fails to provide the certification required under paragraph (a) of this section; or
   2. (2) The Secretary informs the entity that the individual is ineligible under § 75.60.
3. (c) If a fellowship, scholarship, or discretionary grant is made to an individual who provided a false certification under paragraph (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.

4. (d) The Secretary may require an entity subject to this section to provide a list of the individuals to whom fellowship, scholarship, or discretionary grant awards have been made or are proposed to be made by the entity.

   (Authority: 20 U.S.C. 1221e-3 and 3474)