fined in the Computational Forensic Algorithm Test-
ing Standards in performing such testing. 
(5) Publishing the results of testing the soft-
ware online including results under conditions speci-
fied in the testing 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) 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 defendant shall be accorded access to 
both an executable copy of and the source code for 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 and 
data—used for analysis in the case and suitable for testing 
purposes. Such a report on the results shall include— 
(1) the name of the company that developed the 
software; 
(2) the name of the lab where test was run; 
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(3) the version of the software that was used; 
(4) 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; 
(5) documentation of procedures followed based 
on procedures outlined in internal validation; 
(6) documentation of conditions under which 
software was used relative to the conditions under 
which software was tested; and 
(7) any other information specified by the Di-
rector of the National Institute of Standards and 
Technology in the Computational Forensic Algo-
rithm Testing Standards. 
(g) INADMISSIBILITY OF CERTAIN EVIDENCE.—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 
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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 
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 
Testing Standards or the use or output of the soft-
ware. 
(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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