Sec. 5. Collection, analysis, and dissemination of workforce data
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Not later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency. A report made available under paragraph (1)— shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts; shall include aggregate demographic data— by segment of the workforce of the national security agency and grade or rank; relating to attrition and promotion rates; that addresses the compliance of the national security agency with validated inclusion metrics, such as the New Inclusion Quotient index score; and that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force; 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; shall include demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs; shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the national security agency appoint members; and may include data in proportions or percentages to account for concerns relating to the protection of classified information.
The elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection. After making available a report under subsection (a), the head of each national security agency shall annually provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the national security agency (including senior leadership), the public, and the appropriate congressional committees that includes— demographic data and information on the status of diversity and inclusion efforts of the national security agency; 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; and demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs.
The head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions. The collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency.
The head of each national security agency may submit to the Office of Management and Budget and to the appropriate congressional committees the recommendation of the head regarding whether the national security agency should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity .
In making a recommendation under paragraph (1), the head of a national security agency shall— engage in close consultation with internal stakeholders, such as employee resource or affinity groups; ensure that there is clear communication with the workforce of the national security agency— to explain the purpose of the potential collection of such data; and regarding legal protections relating to any anticipated use of such data; and ensure adherence to relevant standards and guidance issued by the Federal Government.