**NIST Conformity Assessment Activity under the Help America Vote Act**

**(July 9, 2004)**

David F. Alderman

Standards Services Division

100 Bureau Drive, MS 2150

Gaithersburg, MD 20899-2150

Email: <david.alderman@nist.gov>

Phone: 301-975-4019

**NIST Conformity Assessment Activity under the Help America Vote Act**

**(TGDC -- July 9, 2004)**

Under HAVA, NIST is directed to offer accreditation to laboratories that
test voting system hardware and software for conformance to the current
Voting System Standards. NIST will carry out the accreditation of these
laboratories through the National Voluntary Laboratory Accreditation
Program (NVLAP), which is administered by NIST. NVLAP, established in
1976, is recognized both nationally and internationally. NVLAP
accreditation criteria are codified in the Code of Federal Regulations
(CFR, Title 15, Part 285).

Simply stated, laboratory accreditation is formal recognition that a
laboratory is competent to carry out specific tests. A team of expert
technical assessors conducts a thorough evaluation, using recognized
criteria and procedures, of all aspects of laboratory operation that
affect test results. General criteria are based on the international
standard ISO/IEC 17025, *General requirements for the competence of
testing and calibration laboratories*, which is used for evaluating
laboratories throughout the world. Laboratory accreditation bodies use
this standard specifically to assess factors relevant to a laboratory's
ability to produce accurate and consistent test data, including the
technical competency of staff, validity and appropriateness of test
methods, testing and quality assurance of test and calibration data.
This Laboratory Accreditation Program (LAP) will specify specific
technical criteria that voting systems laboratories must meet, in
addition to demonstrating general technical competence.

Laboratory accreditation thus provides a means of evaluating the
competence of laboratories to perform specific types of testing,
measurement and validation. The quality system required by ISO/IEC 17025
allows a laboratory to determine whether it is performing its work
correctly and to appropriate standards.

Laboratories seeking accreditation to test voting system hardware and
software will be required to meet the NVLAP criteria for accreditation
which include: ISO/IEC 17025, the 2002 Voting System Standards, and
criteria deemed necessary by the Election Assistance Commission (EAC).
To ensure continued compliance, all NVLAP-accredited laboratories
undergo an onsite assessment before initial accreditation, during the
first renewal year, and every two years thereafter to evaluate their
ongoing compliance with specific accreditation criteria.

Only after a laboratory has met all NVLAP criteria will it be accredited
and presented to the Election Assistance Commission for its approval.
The EAC may impose requirements on the laboratories in addition to NVLAP
accreditation. (e.g. 1^st^ party laboratories?)

On June 23^rd^, NIST published a Federal Register Notice announcing that
any laboratory wishing to conduct testing under HAVA should contact
NVLAP for further information. NVLAP will conduct a public workshop with
interested laboratories on August 17^th^ to review its accreditation
criteria, as well as receive comments and feedback from the
participating laboratories and other interested parties. (Of course, all
of you are invited to attend and participate)

As part of the LAP development process, NVLAP will have to finalize
specific technical criteria for testing laboratories and make the
necessary logistical arrangements to begin the actual assessment of the
laboratories. NVLAP must identify, contract, and train technical expert
assessors; laboratories must complete the NVLAP application process and
pay applicable fees; rigorous onsite assessments must be conducted; and
laboratories undergoing assessment must resolve any identified
nonconformities before accreditation can be granted. More detailed
information regarding the accreditation process can be found on the
NVLAP website (www.nist.gov/nvlap).

While NVLAP has over 25 years experience accrediting laboratories, each
LAP is unique and NIST will be seeking advice and guidance from the EAC,
the TGDC, the laboratories, and the community.

It is anticipated that laboratories will be able to formally apply to
NVLAP and initiate the assessment process in early 2005.

NIST and NVLAP look forward to working with you on the development of
this laboratory accreditation program.

Contacts re Conformity Assessment issues:

[NIST]{.underline}

David F. Alderman

Standards Services Division

100 Bureau Drive, MS 2150

Gaithersburg, MD 20899-2150

Email: <david.alderman@nist.gov>

Phone: 301-975-4019

[NVLAP]{.underline}

Jeffrey Horlick

NVLAP

100 Bureau Drive, MS 2140

Gaithersburg, MD 20899-2140

Email: jeffrey.horlick@nist.gov

Phone: 301-975-4020

URL: www.nist.gov/nvlap

**DEPARTMENT OF COMMERCE**

**National Institute of Standards and**

**Technology**

**\[Docket No. 040609175--4175--01\]**

**Establishment of a Laboratory**

**Accreditation Program for Voting**

**Systems Under the National Voluntary**

**Laboratory Accreditation Program**

**AGENCY:** National Institute of Standards

and Technology, Commerce.

**ACTION:** Notice.

**SUMMARY:** In accordance with the Help

America Vote Act (HAVA) and the

National Voluntary Laboratory

Accreditation Program (NVLAP)

Procedures, the National Institute of

Standards and Technology (NIST)

announces that it is establishing an

accreditation program for laboratories

that perform testing of voting systems,

including hardware and software

components. This program will provide

for the accreditation of laboratories that

test voting systems using standards

determined by the Election Assistance

Commission (EAC).

Laboratories interested in seeking

accreditation that will allow them to be

considered for EAC recognition should

contact NVLAP immediately.

**ADDRESSES:** National Voluntary

Laboratory Accreditation Program, 100

Bureau Drive/MS 2140, Gaithersburg,

MD 20899--2140.

**FOR FURTHER INFORMATION CONTACT:**

Jeffrey Horlick, Program Manager,

NVLAP, 100 Bureau Drive / MS 2140,

Gaithersburg, MD 20899--2140, phone

\(301\) 975--4016 or e-mail

*nvlap.voting@nist.gov.* Information

regarding NVLAP and the accreditation

process can also be viewed at

*www.nist.gov/nvlap*.

**SUPPLEMENTARY INFORMATION:**

**Background**

The Help America Vote Act (HAVA)

of 2002 (Pub. L. 107--252) was signed

into law by President Bush on October

29, 2002. Section 231 of the HAVA

requires the Director of NIST to provide

for the accreditation of laboratories that

conduct testing on the hardware and

software of voting systems. In response

to the HAVA, the National Voluntary

Laboratory Accreditation Program

(NVLAP) is establishing a program for

laboratories that test voting systems.

This notice is issued in accordance with

the NVLAP procedures and general

requirements, found in title 15 part 285

of the Code of Federal Regulations.

**Technical Requirements for the**

**Accreditation Process**

Laboratories conducting this testing

will be required to meet ISO/IEC

International Standard 17025, *General*

*requirements for the competence of*

*testing and calibration laboratories,* the

2002 Voting System Standards, and any

other criteria deemed necessary by the

EAC.

Accreditation criteria are established

in accordance with the Code of Federal

Regulations (15 CFR part 285), NVLAP

Procedures and General Requirements.

NVLAP is in full conformance with the

standards of the International

Organization for Standardization (ISO)

and the International Electrotechnical

Commission (IEC), including ISO/IEC

17025 and ISO/IEC Guide 58.

Accreditation is granted to a

laboratory following successful

completion of a process which includes

submission of an application and

payment of fees by the laboratory, an

on-site assessment by technical experts,

resolution of any deficiencies identified

during the on-site assessment, and

participation in proficiency testing. The

accreditation is formalized through

issuance of a Certificate of Accreditation

and Scope of Accreditation.

NVLAP provides an unbiased, thirdparty

evaluation and recognition of

competence. NVLAP accreditation

signifies that a laboratory has

demonstrated that it operates in

accordance with NVLAP management

and technical requirements pertaining

to quality systems; personnel;

accommodation and environment; test

and calibration methods; equipment;

measurement traceability; sampling;

handling of test and calibration items;

and test and calibration reports.

NVLAP accreditation does not imply

any guarantee (certification) of

laboratory performance or test/

calibration data; it is a finding of

laboratory competence.

Those laboratories receiving

accreditation by NVLAP must still be

formally recognized by the EAC prior to

conducting testing of voting systems

under HAVA.

**PRA Clearance**

This action contains collection of

information requirements subject to

review and approval by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995.

Collection activities for the National

Voluntary Laboratory Accreditation

Program are currently approved by the

Office of Management and Budget under

control number 0693--0003.

Notwithstanding any other provision of

the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information unless

it displays a currently valid OMB

Control Number.

**Executive Order 12866**

This action has been determined to be

not significant under Executive Order

12866\.

Dated: June 17, 2004.

**Hratch G. Semerjian,**

*Acting Director.*

\[FR Doc. 04--14137 Filed 6--22--04; 8:45 am\]