3.0.0 4368 2022-11-01T13:49:59Z 2022-11-01T13:49:59Z House HR 2019-09-17 116 [Congressional Record Volume 165, Number 149 (Tuesday, September 17, 2019)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. TAKANO:H.R. 4368.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8 of the Constitution of the UnitedStates[Page H7755]]]> hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Referred to 2019-10-02T20:02:37Z Referred to 2019-09-17T16:01:25Z hssy00 Science, Space, and Technology Committee House Standing Referred to 2019-09-17T16:01:30Z 2019-10-02 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. Committee 2019-09-17 Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hssy00 Science, Space, and Technology Committee 2019-09-17 Referred to the Committee on the Judiciary, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2019-09-17 Introduced in House IntroReferral Intro-H 9 Library of Congress 2019-09-17 Introduced in House IntroReferral 1000 9 Library of Congress T000472 Rep. Takano, Mark [D-CA-41] Mark Takano D CA 41 N E000296 Rep. Evans, Dwight [D-PA-3] Dwight Evans D PA 3 2019-10-22 False J000288 Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4] Henry Johnson D GA C. "Hank" 4 2019-12-12 False Crime and Law Enforcement Computers and information technology Criminal investigation, prosecution, interrogation Criminal justice information and records Criminal procedure and sentencing Evidence and witnesses Government information and archives Performance measurement Trade secrets and economic espionage Crime and Law Enforcement 00 2019-09-17 Introduced in House 2020-10-15T15:20:09Z Justice in Forensic Algorithms Act of 2019

This bill establishes federal standards and procedures for the use of computational forensic software. (Computational forensic software refers to software that relies on an automated or semiautomated computational process to process, analyze, or interpret evidence.) It also prohibits the use of trade secret protections to prevent criminal defendants from accessing evidence.

First, the National Institute of Standards and Technology (NIST) must establish the Computational Forensic Algorithm Standards for the development and use of computational forensic software. These standards must, among other things, address requirements related to software testing and reporting to criminal defendants on the use and results of software in their cases.

Further, NIST must establish the Computational Forensic Algorithm Testing Program. The testing program must, among other things, test individual software programs using NIST standards. Federal law enforcement agencies and related crime laboratories must comply with these NIST standards and testing requirements in their use of computational forensic software.

In addition, criminal defendants must receive information resulting from analysis by computational forensic software, including access to the software for testing purposes.

Evidence resulting from computational forensic software is only admissible in a criminal case if (1) the software was submitted to the NIST testing program, and (2) the software developers and users waive their legal claims against the defense for the purposes of the defense analyzing or testing such software.

The bill also prohibits the use of trade secret protections when a criminal defendant would otherwise be entitled to obtain evidence.

]]> Justice in Forensic Algorithms Act of 2019 Display Title Justice in Forensic Algorithms Act of 2019 Official Title as Introduced To prohibit the use of trade secrets privileges to prevent defense access to evidence in criminal proceedings, provide for the establishment of Computational Forensic Algorithm Standards, and for other purposes. Introduced in House IH Short Title(s) as Introduced Justice in Forensic Algorithms Act of 2019 Introduced in House IH Introduced in House 2019-09-17T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr4368ih/xml/BILLS-116hr4368ih.xml 2019-10-02 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.