50 U.S.C. § 3334b — Collection, analysis, and dissemination

Page 799 TITLE 50—WAR AND NATIONAL DEFENSE § 3334b tives of the submission of the certifications so that the Law Revision Counsel may execute the amendments made by paragraph (1). (f) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional intelligence commit- tees; and (B) the Committees on Armed Services of the Senate and House of Representatives. (2) Phase I joint professional military edu- cation The term ‘‘Phase I joint professional mili- tary education’’ has the meaning given that term pursuant to section 2154 of title 10. (Pub. L. 116–92, div. E, title LIII, § 5324, Dec. 20, 2019, 133 Stat. 2134; Pub. L. 116–260, div. W, title III, § 305(c), Dec. 27, 2020, 134 Stat. 2367.) Editorial Notes CODIFICATION Section is comprised of section 5324 of Pub. L. 116–92. Subsec. (e)(1) of section 5324 of Pub. L. 116–92 repealed section 2161 of Title 10, Armed Forces, and amended the analysis preceding section 2161 of Title 10. AMENDMENTS 2020—Subsec. (b)(1)(C). Pub. L. 116–260, § 305(c)(1), sub- stituted ‘‘section 3227a(b) of this title’’ for ‘‘subsection (e)(2)’’. Subsecs. (e) to (h). Pub. L. 116–260, § 305(c)(2), (3), re- designated subsecs. (g) and (h) as (e) and (f), respec- tively, and struck out former subsecs. (e) and (f) which related to degree-granting authority and congressional notification requirements, respectively. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3334b. Collection, analysis, and dissemination of workforce data (a) Omitted (b) Initial reporting (1) In general Not later than 180 days after December 20, 2019, the Director of National Intelligence shall make available to the public, the appro- priate congressional committees, and the workforce of the intelligence community a re- port which includes aggregate demographic data and other information regarding the di- versity and inclusion efforts of the workforce of the intelligence community. (2) Contents A report made available under paragraph (1)— (A) shall include unclassified reports and barrier analyses relating to diversity and in- clusion efforts; (B) shall include aggregate demographic data— (i) by segment of the workforce of the in- telligence community and grade or rank; (ii) relating to attrition and promotion rates; (iii) that addresses the compliance of the intelligence community with validated in- clusion metrics, such as the New Inclusion Quotient index score; and (iv) that provides demographic compari- sons to the relevant nongovernmental labor force and the relevant civilian labor force; (C) shall include an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; (D) shall include demographic data relat- ing to participants in professional develop- ment programs of the intelligence commu- nity and the rate of placement into senior positions for participants in such programs; (E) shall include any voluntarily collected demographic data relating to the member- ship of any external advisory committee or board to which individuals in senior posi- tions in the intelligence community appoint members; and (F) may include data in proportions or per- centages to account for concerns relating to the protection of classified information. (c) Updates Not later than March 31 of each year, the Di- rector of National Intelligence shall provide a report (which may be provided as part of an an- nual report required under another provision of law) to the workforce of the intelligence com- munity (including senior leadership), the public, and the appropriate congressional committees that includes— (1) demographic data and information on the status of diversity and inclusion efforts of the intelligence community, including demo- graphic data relating to— (A) the average years of service; (B) the average number of years of service for each level in the General Schedule, Sen- ior Executive Service, Senior Intelligence Service, or equivalent; and (C) career categories; (2) an analysis of applicant flow data, includ- ing the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommenda- tions; and (3) demographic data relating to partici- pants in professional development programs of the intelligence community and the rate of placement into senior positions for partici- pants in such programs. (d) Expand the collection and analysis of vol- untary applicant flow data (1) In general The Director of National Intelligence shall develop a system to collect and analyze appli- cant flow data for as many positions within the intelligence community as practicable, in order to identify areas for improvement in at- Page 800 TITLE 50—WAR AND NATIONAL DEFENSE § 3334c 1 See References in Text note below. tracting diverse talent, with particular atten- tion to senior and management positions. (2) Phased implementation The collection of applicant flow data may be implemented by the Director of National In- telligence in a phased approach commensurate with the resources available to the intel- ligence community. (e) Identify additional categories for voluntary data collection of current employees (1) In general The Director of National Intelligence may submit to the Office of Management and Budg- et and to the appropriate congressional com- mittees a recommendation regarding whether the intelligence community should volun- tarily collect more detailed data on demo- graphic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Man- agement and Budget entitled ‘‘Standards for Maintaining, Collecting, and Presenting Fed- eral Data on Race and Ethnicity’’. (2) Process In making a recommendation under para- graph (1), the Director of National Intelligence shall— (A) engage in close consultation with in- ternal stakeholders, such as employee re- source or affinity groups; (B) ensure that there is clear communica- tion with the workforce of the intelligence community— (i) to explain the purpose of the poten- tial collection of such data; and (ii) regarding legal protections relating to any anticipated use of such data; and (C) ensure adherence to relevant standards and guidance issued by the Federal Govern- ment. (f) Definitions In this section: (1) Applicant flow data The term ‘‘applicant flow data’’ means data that tracks the rate of applications for job po- sitions among demographic categories. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Com- mittee on Homeland Security and Govern- mental Affairs, the Select Committee on In- telligence, and the Committee on Appropria- tions of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Com- mittee on Homeland Security, the Perma- nent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (3) Diversity The term ‘‘diversity’’ means diversity of per- sons based on gender, race, ethnicity, dis- ability status, veteran status, sexual orienta- tion, gender identity, national origin, and other demographic categories. (Pub. L. 116–92, div. E, title LVII, § 5704, Dec. 20, 2019, 133 Stat. 2162; Pub. L. 117–103, div. X, title VIII, § 802, Mar. 15, 2022, 136 Stat. 1011; Pub. L. 117–263, div. F, title LXVIII, § 6824(b)(1), Dec. 23, 2022, 136 Stat. 3615.) Editorial Notes CODIFICATION Section is comprised of section 5704 of Pub. L. 116–92. Subsec. (a) of section 5704 of Pub. L. 116–92 amended section 3050 of this title. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–263 struck out ‘‘, and subject to paragraph (3)’’ after ‘‘Not later than 180 days after December 20, 2019’’. Subsec. (c). Pub. L. 117–103, § 802(1), substituted ‘‘Not later than March 31 of each year, the Director of Na- tional Intelligence shall provide a report’’ for ‘‘After making available a report under subsection (b), the Di- rector of National Intelligence shall annually provide a report’’ in introductory provisions. Subsec. (c)(1). Pub. L. 117–103, § 802(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘demographic data and information on the status of di- versity and inclusion efforts of the intelligence commu- nity;’’. Statutory Notes and Related Subsidiaries EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS Pub. L. 116–92, div. E, title LXIII, § 6316, Dec. 20, 2019, 133 Stat. 2195, as amended by Pub. L. 117–263, div. F, title LXVIII, § 6824(b)(2), Dec. 23, 2022, 136 Stat. 3615, provided that: ‘‘In order to further increase the diver- sity of the intelligence community workforce, not later than 90 days after the date of the enactment of this Act [Dec. 20, 2019], the Director of National Intelligence, in consultation with heads of elements of the Intelligence Community, shall create, implement, and submit to the congressional intelligence committees a written plan to ensure that rural and underrepresented regions are more fully and consistently represented in such ele- ments’ employment recruitment efforts. Upon receipt of the plan, the congressional intelligence committees shall have 60 days to submit comments to the Director of National Intelligence before such plan shall be im- plemented.’’ [For definitions of ‘‘intelligence community’’ and ‘‘congressional intelligence committees’’ as used in sec- tion 6316 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.] DEFINITIONS For definition of ‘‘intelligence community’’ as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title. § 3334c. Assessment of homeland security vulnerabilities associated with certain re- tired and former personnel of the intel- ligence community (a) Assessment required Not later than the date that is 120 days after submission of the report required under section 5703,1 and annually thereafter, the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intel- ligence and Analysis, the Director of the Federal Bureau of Investigation, the Director of the Cen-