Supporting Statement A.VSTL Accreditation Program Manual

SUPPORTING STATEMENT A
U.S. Election Assistance Commission
Voting System Test Laboratory Program
ICR Title: EAC Voting System Test Laboratory Program Manual

A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
The Help America Vote Act (HAVA) of 2002 (42 U.S.C. §15371) requires that the U.S. Election Assistance
Commission (EAC) certify and decertify voting systems. Section 231(a)(1) of HAVA specifically requires the
EAC to “… provide for the certification, de-certification and re-certification of voting system hardware and
software by accredited laboratories.” Furthermore, HAVA Section 231(b) requires the EAC to provide for the
accreditation and revocation of accreditation of independent, non-federal laboratories qualified to test voting
systems to Federal standards. Generally, the EAC considers for accreditation those laboratories evaluated and
recommend by the National Institute of Standards and Technology (NIST) pursuant to HAVA Section
231(b)(1). However, consistent with HAVA Section 231(b)(2)(B), the Commission may also vote to accredit
laboratories outside of those recommended by NIST upon publication of an explanation of the reason for any
such accreditation.
In order to perform these mandated functions, the EAC has established 1) Voting System Testing and
Certification Program (“Certification Program”)1 and 2) Voting System Test Laboratory Program (“Laboratory
Program”). The Laboratory Program’s information collection activities are being presented in this ICR for
approval under the requirements of the Paperwork Reduction Act (PRA). Approval of this collection is
essential in order for the EAC to comply with its HAVA requirements. This program requires the collection and
retention of information by voting system test laboratories.
2. Explain how, by whom, how frequently, and for what purpose the information will be used. If the
information collected will be disseminated to the public or used to support information that will be
disseminated to the public, then explain how the collection complies with all applicable Information
Quality Guidelines.
The information collected under the EAC’s Laboratory Program will be used solely by EAC personnel to
determine whether a test laboratory meets the EAC requirements for accreditation as an EAC voting system test
laboratory (VSTL). Ultimately, EAC determination regarding whether a test laboratory is accredited as a
VSTL will be published. However, the information provided to the EAC to support a grant or maintenance of
accreditation will be made public subject to the requirements of the Freedom of Information Act and the Trade
Secrets Act. Chapter 7 of the EAC’s Voting System Test Laboratory Program Manual (attached) discusses the
general policy on the release of information under this program, and provides VSTL’s with standards,
procedures, and requirements for identifying documents as trade secrets or confidential commercial
information.
1

The Certification Program’s information collection activities are part of a currently approved information collection, OMB No
3265-0004, exp. 6/30/2014.

3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological techniques or other forms of information technology.
The EAC will collect information from identified parties mainly via e-mail, Compact Discs (CDs), flash drives
and document uploads.
4. Describe efforts to identify duplication.
The information sought in the Laboratory Program is not collected by other Federal agencies. Generally, the
EAC considers for accreditation those laboratories evaluated and recommend by the National Institute of
Standards and Technology (NIST) pursuant to HAVA Section 231(b)(1). While NIST’s recommendation
serves as a reliable indication of technical competency, the EAC takes additional steps to ensure that laboratory
policies are in place regarding issues like conflict of interest, record maintenance, and financial stability. It also
ensures that the candidate laboratory is willing and capable to work with EAC in its Certification Program.
5. If the collection of information involves small businesses or other small entities, describe the methods
used to minimize burden.
This information collection does not have a significant impact on small businesses or other small entities. The
reporting, recordkeeping, or disclosure activities needed to comply are, generally, usual and customary in the
laboratories’ voting system testing business. The information sought in the Laboratory Program is limited to
that which will assist the EAC in assessing whether a test laboratory meets and complies with the requirements
for accreditation as a VSTL and participation in the Certification Program.
6. Describe the consequences to the Federal program or policy activities if the collection is not
conducted or is conducted less frequently.
This collection of information is necessary to comply with the Federal mandates under the Help America Vote
Act (HAVA) of 2002 (42 U.S.C. §15371) to accredit test laboratories for the testing of voting system hardware
and software. If the EAC does not collect this information, it will be unable to provide for the certification and
decertification of voting system hardware and software in accordance with HAVA. Furthermore, if the
collection is not conducted or is conducted less frequently, the EAC’s role as the sole accreditation body and the
robustness of its program would be jeopardized.
7. Explain any special circumstances that require the collection to be conducted in a manner
inconsistent with OMB guidelines.
(a) Requiring respondents to report information to the agency more often than quarterly.
Not applicable in this collection.
(b) Requiring respondents to prepare a written response to a collection of information in fewer than 30
days after receipt of it.
Not applicable in this collection
(c) Requiring respondents to submit more than an original and two copies of any document.
Not applicable in this collection.
(d) Requiring respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records, for more than 3 years.

Not applicable in this collection.
(e) In connection with a statistical survey, that is not designed to produce valid and reliable results that
can be generalized to the universe of study.
Not applicable in this collection.
(f) Requiring the use of statistical data classification that has been reviewed and approved by OMB.
Not applicable in this collection.
(g) That includes a pledge of confidentiality that is not supported by authority established in statute or
regulation, that is not supported by disclosure and data security policies that are consistent with the
pledge, or which unnecessarily impedes sharing of data with other agencies for compatible
confidential use.
This collection does not include a pledge of confidentiality not supported by statute or regulation.
(h) requiring respondents to submit proprietary trade secrets or other confidential information unless
the agency can demonstrate that it has instituted procedures to protect the information’s
confidentiality to the extent permitted by law.
This collection does require the collection of proprietary or trade secret information protected by
agency procedures. Proprietary trade secrets or other confidential information may be necessary to
make a determination on accreditation. The EAC has set procedures and policy for the identification
and protection of this information consistent with the requirements of the Freedom of Information Act
and the Trade Secrets Act. These policies are laid out in Chapter 7 of the EAC Voting System Test
Laboratory Program Manual. A copy of this manual has been provided.
8. Describe the efforts to consult with persons outside the agency to obtain their views on the
availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or
reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
The EAC met several times with representatives from the testing laboratories impacted by this information
collection to discuss the burdens imposed by this collection and methods for improving it.
9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of
contractors or grantees.
N/A
10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in
statute, regulation, or agency policy.
No assurance of confidentiality has been provided to respondents. Information provided will be made public
consistent with the requirements of the Freedom of Information Act and the Trade Secrets Act.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private.
N/A

12. Provide an estimate in hours of the burden of the collection of information.
The estimated hours of burden for the collection of information:
a. Number of respondents = 8
b. Number of responses per each respondent = 1
c. Total annual responses = 8
d. Hours per response = 322 hours
i. Reviewing instructions: 60 hours
ii. Developing, acquiring, installing, and utilizing technology & systems for information
collection: 36 hours
iii. Developing, acquiring, installing, and utilizing technology & systems for processing
and maintaining information: 28 hours
iv. Developing, acquiring, installing, and utilizing technology & systems for disclosing
and providing information: 9 hours
v. Adjusting to comply with any previously applicable requirements: 64 hours
vi. Training personnel to respond to a collection of information: 41 hours
vii. Searching data sources: 40 hours
viii. Completing and reviewing the collection of information: 32 hours
ix. Transmitting or otherwise disclosing the information: 12 hours
e. Total annual reporting burden = 2,576 hours (# of respondents x frequency of response x hours
of response)
i. Estimated annual cost burden (per respondent) = $62,090
ii. Estimated total annual cost burden (# of respondents x annual cost burden per
respondent) = $496,720
13. Provide an estimate of the total annual cost burden to the respondents or record-keepers resulting
from the collection (excluding the value of the burden hours in #12 above).
The EAC has identified no “non-hour” cost burdens for this collection of information that are not part of the
effected industry’s customary and usual business practices.
14. Provide estimates of annualized cost to the Federal government.
The estimated annual cost to the Federal Government is $125,000.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the
OMB 83-I.
N/A.

16. For collections whose results will be published, outline the plans for tabulation and publication.
Information collected will be made public consistent with the requirements of the Freedom of Information Act
and the Trade Secrets Act. Beyond the requirements of FOIA, the EAC intends to affirmatively publish
program documents (or portions of documents) it believes will be of interest to the public. The policies and
procedures for publishing this information are laid out in Chapter 7 of the EAC Voting System Test Laboratory
Program Manual (attached).

17. If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons why display would be inappropriate.
N/A

18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
To the extent that the topics apply to this collection of information, we are not making any exceptions to the
“Certification for Paperwork Reduction Act Submissions.”