fined in the Computational Forensic Algorithm 
Standards in performing such testing. 
(5) Publishing the results of testing the soft-
ware online including results under conditions speci-
fied in the standards and across diversity of racial, 
ethnic, and gender identities and intersections of 
these identities in a publicly available format. 
(e) TESTING FREQUENCY.—Retesting shall be con-
ducted when a material change is made to the software 
that impacts its performance and may affect its outputs. 
The Director shall establish requirements for determining 
whether changes are material or nonmaterial. 
(f) DISCOVERY IN CRIMINAL CASES.—Rule 16 of the 
Federal Rules of Criminal Procedure is amended— 
(1) in subdivision (a)(1), by adding at the end 
the following: 
‘‘(H) Use of Computational Forensic Soft-
ware. Any results or reports resulting from 
analysis by computational forensic software 
shall be provided to the defendant, and the de-
fendant shall be accorded access to an execut-
able copy of the version of the computational 
forensic software, as well as earlier versions of 
the software, necessary instructions for use and 
interpretation of the results, and relevant files 
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and data, used for analysis in the case and suit-
able for testing purposes. Such a report on the 
results shall include— 
‘‘(i) the name of the company that de-
veloped the software; 
‘‘(ii) the name of the lab where test 
was run; 
‘‘(iii) the version of the software that 
was used; 
‘‘(iv) the dates of the most recent 
changes to the software and record of 
changes made, including any bugs found in 
the software and what was done to address 
those bugs; 
‘‘(v) documentation of procedures fol-
lowed based on procedures outlined in in-
ternal validation; 
‘‘(vi) documentation of conditions 
under which software was used relative to 
the conditions under which software was 
tested; and 
‘‘(vii) any other information specified 
by the Director of the National Institute of 
Standards and Technology in the Com-
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putational 
Forensic 
Algorithm 
Stand-
ards.’’. 
(g) INADMISSIBILITY OF CERTAIN EVIDENCE.—The 
Federal Rules of Evidence are amended by adding at the 
end of article I the following: 
‘‘Rule 107. INADMISSIBILITY OF CERTAIN EVIDENCE THAT 
IS THE RESULT OF ANALYSIS BY COMPUTA-
TIONAL FORENSIC SOFTWARE. 
‘‘In any criminal case, evidence that is the result of 
analysis by computational forensic software is admissible 
only if— 
‘‘(1) the computational forensic software used 
has been submitted to the Computational Forensic 
Algorithm Testing Program of the Director of the 
National Institute of Standards and Technology and 
there have been no material changes to that software 
since it was last tested; and 
‘‘(2) the developers and users of the computa-
tional forensic software agree to waive any and all 
legal claims against the defense or any member of 
its team for the purposes of the defense analyzing or 
testing the computational forensic software.’’. 
(h) DEFINITIONS.—In this Act: 
(1) COMPUTATIONAL
FORENSIC
SOFTWARE.— 
The term ‘‘computational forensic software’’ means 
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software that relies on an automated or semiauto-
mated computational process, including one derived 
from machine learning, statistics, or other data proc-
essing or artificial intelligence techniques, to process, 
analyze, or interpret evidence. 
(2) MATERIAL CHANGE.—The term ‘‘material 
change’’ means an update to computational forensic 
software that may affect the performance measures 
defined in the Computational Forensic Algorithm 
Standards or the use or output of the software. 
(3) NONMATERIAL CHANGE.—The term ‘‘non-
material change’’ means an update to computational 
forensic software that does not affect the perform-
ance measures, use, or output of the software. 
Æ 
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