50 U.S.C. § 3334a — Transfer of National Intelligence Univer-

Page 798 TITLE 50—WAR AND NATIONAL DEFENSE § 3334a AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 6506(a), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (e)(1), (2). Pub. L. 118–159, § 6506(b), sub- stituted ‘‘5 years’’ for ‘‘3 years’’. Subsec. (g)(7). Pub. L. 118–159, § 6506(c), added par. (7). Subsecs. (i), (j). Pub. L. 118–159, § 6506(d), added sub- sec. (i) and redesignated former subsec. (i) as (j) relat- ing to additional administrative matters. Statutory Notes and Related Subsidiaries 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. § 3334a. Transfer of National Intelligence Univer- sity to the Office of the Director of National Intelligence (a) Transfer Upon the submission of the joint certifications under subsection (b)(1), the Secretary of Defense and the Director of National Intelligence shall take such actions that the Director determines necessary to transfer the National Intelligence University from the Defense Intelligence Agency to the Director of National Intelligence. (b) Joint certifications (1) Requirement Except as provided by paragraph (2), as soon as practicable after December 20, 2019, but not later than 18 months after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees written certifications of each of the following: (A) The Middle States Commission on Higher Education has provided regional aca- demic accreditation for the National Intel- ligence University before the date of the cer- tification, or will provide such academic ac- creditation as of the date on which the Uni- versity is transferred under subsection (a). (B) Members of the Armed Forces attend- ing the University will be eligible to receive credit for Phase I joint professional military education. (C) The Secretary of Education has in- formed the Director of National Intelligence that the Secretary has recommended ap- proval of the degrees to be conferred pursu- ant to section 3227a(b) of this title or will provide such recommended approval as of the date on which the University is trans- ferred under subsection (a). (D) The Director of National Intelligence, in collaboration with the Secretary of De- fense, has established an appropriate govern- ance model for the University. (E) The Secretary of Defense shall use the University to provide personnel of the De- partment of Defense with advanced intel- ligence education. (2) Failure to certify (A) Actions required If the Secretary of Defense and the Direc- tor of National Intelligence fail to submit the certifications under paragraph (1) by the date specified in such paragraph, the Sec- retary and the Director shall— (i) jointly submit to the appropriate con- gressional committees a report on such failure by not later than 21 months after December 20, 2019; and (ii) jointly submit such certifications as soon as practicable. (B) Contents of report The report under subparagraph (A)(i) shall contain the following: (i) A description of the progress made to- ward fulfilling the conditions described in such paragraph as of the date of the re- port. (ii) A description of any obstacles pre- venting the fulfillment of such conditions. (iii) The estimated dates of completion for the fulfillment of such conditions and the submission of the certifications. (c) Briefing Not later than 90 days after December 20, 2019, the Director of National Intelligence, the Direc- tor of the Defense Intelligence Agency, and the President of the National Intelligence Univer- sity shall jointly provide to the appropriate con- gressional committees a briefing on the plan to carry out the transfer under subsection (a), in- cluding with respect to— (1) ensuring the provision of services to all elements of the intelligence community; (2) employing a military cadre at the Uni- versity; and (3) addressing the current accreditation sta- tus of the National Intelligence University with the Middle States Commission on Higher Education. (d) Cost estimates of transfer (1) Requirement Not later than 90 days after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees an estimate of— (A) the annual costs of operating the Na- tional Intelligence University; and (B) the costs to the Federal Government of transferring the National Intelligence Uni- versity to the Director of National Intel- ligence. (2) Inclusion of indirect costs The estimate submitted under paragraph (1) shall include all indirect costs, including with respect to human resources, security, facili- ties, and information technology. (e) Conforming repeal (1) Omitted (2) Effective date The amendments made by paragraph (1) shall take effect on the date on which the Sec- retary of Defense and the Director of National Intelligence jointly submit the joint certifi- cations under subsection (b)(1). The Secretary and the Director shall jointly notify the Law Revision Counsel of the House of Representa- 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-