The Coverdell law (34 U.S.C. § 10562) provides that, to request a grant, each applicant must submit 5 certifications specific to the Coverdell Program:

1. A certification and description regarding a plan for forensic science laboratories (state form). Each applicant must submit a certification that the state has developed a plan for forensic science laboratories under a program intended to improve the quality and timeliness of forensic science or medical examiner services in the state, including such services provide by the laboratories operated by the state and those operated by units of local government within the state. Applicants must also specifically describe the manner in which the grant will be used to carry out that plan.
2. A certification regarding use of generally accepted laboratory practices. Each applicant must submit a certification that any forensic laboratory system, medical examiner’s office, or coroner’s office in the state, including any laboratory operated by a unit of local government within the state, that will receive any portion of the grant amount (whether directly or through a subgrant) uses generally accepted laboratory practices and procedures established by accrediting organizations or appropriate certifying bodies.
3. A certification regarding forensic science laboratory system accreditation. Each applicant must submit a certification that any forensic science laboratory system in the state, including any laboratory operated by a unit of local government within the state, that will receive any portion of the grant amount (whether directly or through a subgrant) either is accredited OR is not so accredited but will (or will be required in a legally binding and enforceable writing to) use a portion of the grant amount to prepare and apply for such accreditation not more than 2 years after the date on which a grant is awarded.
   • Note: Applicants requesting funds for only medical examiner’s offices or coroner’s offices are not required to submit the certification regarding accreditation. (See 34 U.S.C. § 10562(2).
4. A certification and description regarding use of funds for new facilities. Each applicant must submit a certification that the amount of the grant used for the costs of any new facility constructed as part of a program to improve the quality and timeliness of forensic science or medical examiner services will not exceed certain limitations set forth in the Coverdell law at 34 U.S.C. § 10564(c).
   • Information regarding the limitations of facilities costs can be found under Permissible Expenses.
   • Applicants must also specifically describe any new facility to be constructed, as well as the estimated costs of the facility.
   • Note: Applicants must submit this certification even if no new facilities are being constructed.
5. A certification regarding external investigations into allegations of serious negligence or misconduct and the External Investigations Attachment Template. Each applicant must submit a certification that “a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner office, coroner’s office, law enforcement storage facility, or medical facility in the state that will receive a portion of the grant amount.”
   • In connection with the certification regarding external investigations, applicants must provide, prior to receiving award funds, the name(s) of the existing government entity (or government entities). This information is to be provided as an attachment to the proposal narrative section of the application using the External Investigations Attachment Template.
   • See Guidance Regarding Allegations of Serious Negligence or Misconduct below for additional information.

Important Information Regarding Certifications:

• Coverdell applicants are expected to carefully review the requirements of each certification before determining whether the certification may be properly made.
• Any certification that is submitted must be executed by an official who is both familiar with the requirements of the certification and authorized to make the certification on behalf of the applicant agency (that is, the agency applying directly to BJA).
• Certifications must be from the applicant agency applying directly to BJA, subrecipient certifications are not acceptable.

Important Note on Referrals: The highest standards of integrity in the practice of forensic science are critical to the enhancement of the administration of justice. BJA assumes that recipients (and subrecipients) of Coverdell funds will make use of the process referenced in their certification as to external investigations and will refer allegations of serious negligence or misconduct substantially affecting the integrity of forensic results to government entities with an appropriate process in place to conduct independent external investigations, such as the government entities identified in the grant application.

Special Guidance on the External Investigations Certification: The certification regarding external investigations has a number of requirements, each of which must be satisfied before the certification may be made. The official authorized to make the certification on behalf of the applicant agency must carefully review each of the statutory elements and this guidance before determining whether a certification properly may be made.

After reviewing the information and guidance provided here, the official, on behalf of the applicant agency, must determine whether:

1. A government entity exists
2. with an appropriate process in place
3. to conduct independent, external investigations
4. into allegations of serious negligence or misconduct
5. substantially affecting the integrity of the forensic results
6. committed by employees or contractors
7. of any forensic laboratory system, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility in the state that will receive a portion of the grant amount.

Note: In making this certification, the certifying official is certifying that these requirements are satisfied not only with respect to the applicant itself, but also with respect to each entity that will receive a portion of the grant amount. Certifying officials are advised that:

1. A false statement in the certification or in the grant application that it supports may be the subject of criminal prosecution, including under 18 U.S.C. § 1001 and/or 1621 and 34 U.S.C. §§ 10271-10273.
2. OJP grants, including certifications provided in connection with such grants, are subject to review by OJP and/or DOJ’s Office of the Inspector General

Under the Coverdell program, the following accreditation documentation is required:

1. Forensic Laboratory Accreditation Documentation: Coverdell applicants should provide documentation of current accreditation with the application for any accredited laboratory (including a subrecipient laboratory) that is to receive funds under the Coverdell award.
   • Acceptable types of documentation of current accreditation include:
     • an electronic (scanned) copy of the current accreditation certificate(s),
     • a digital photograph of the current accreditation certificate(s),
     • or a letter from the accrediting body that includes the certificate number.
   • Additionally, if a certificate references another document that contains key information on the type or scope of the accreditation, provide a copy of that supplemental documentation.
   • Independent accrediting or certifying organizations may include ANAB, NAME, A2LA, AC&ME, or other appropriate accrediting bodies. Per 34 U.S.C. § 10562 (2), such an accrediting body would be “an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement.”
   • In connection with the certification regarding forensic science laboratory accreditation (described above), applicants must demonstrate, prior to receiving award funds, that any forensic science laboratory system, including any laboratory operated by a unit of local government within the state, that will receive any portion of the grant amount either is accredited or will (or will be required to) prepare and apply for accreditation consistent with the Coverdell law.
   • The accrediting body must be a signatory to an internationally recognized arrangement and must offer accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement. The scope of the accreditation must include all discipline(s) for which funds are requested. If the current scope of accreditation does not include the discipline(s) for which funds are requested, the applicant must include funds in its budget and plans in its proposal narrative to prepare and apply for accreditation in those disciplines.
   • Accreditation document(s) should be attached as a separate file with an appropriately descriptive file name.
2. Accreditation Status of All Forensic Laboratories within the State: For State Award Administering (SAA) applicants, each applicant is to prepare a list of all forensic science laboratories in the state specifying their accreditation status, the name of the accrediting body, and the scope of each accreditation.
   • SAAs are expected to consider the accreditation status of all forensic science laboratories within their states.
   • For each forensic science laboratory within the state lacking accreditation, the SAA is to request funds in its application budget and include plans in its program narrative for such laboratories to prepare and apply for accreditation.

Historically, congress has appropriated funding to help the forensic science community address the specific challenges crime laboratories are confronting related to the proliferation of opioids and synthetic drugs. To address these issues, BJA calculates this percentage annually, based on the amount appropriated, targeting a certain percentage of funds it plans to allocate to specifically target the challenges that opioids and synthetic drugs have brough to the forensic science community and articulates this percentage in the NOFO.

When applying, Coverdell applicants should demonstrate, wherever applicable, how any proposed use of funds would address challenges that opioids and/or synthetic drugs have brought to the forensic science community.

• Applicants should annotate each line item in the budget as “opioid- and/or synthetic drug-related” (addressing the opioid and/or synthetic drug crisis) or “non-opioid- or synthetic drug-related.”
• Coverdell funds are available for permissible uses that would not address opioid and synthetic drug related challenges. However, the following applies based on type of application:
  • Competitive: applications requesting Coverdell funds for projects that address specified opioid and synthetic drug related challenges to the forensic science community will be given priority consideration in award decision over applications not requesting funds for such projects.
  • Formula: State applicants that do not intend to use the percentage articulated in the NOFO for that fiscal year Coverdell allocation for opioid and/or synthetic drug-related projects, must affirm this in writing. This statement should specify the approximate percentage and be signed by the authorized representative of the applicant.