whose activities include the following: (1) Testing individual software programs using the testing requirements established in the Computational Forensic Algorithm Testing Standards. (2) Using realistic sample testing data similar to what would be used by law enforcement in criminal investigations in performing such testing, including incomplete and contaminated samples. (3) Using testing data that represents diversity of racial, ethnic, and gender identities and intersections of these identities in performing such testing. (4) Using testing data that tests the limits of the software and demonstrates the boundaries of reliability described in the performance measures defined in the Computational Forensic Algorithm Testing Standards in performing such testing. (5) Publishing the results of testing the software online including results under conditions specified 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 conducted 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 Software 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