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Code · STATUTE-COMPILATIONS · James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Sec. 9402

Sec. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA

1,105 words·~5 min read·/statute-compilations/comps-17475/sec-9402

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## SEC. 9402 COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA ###
(a)Initial Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. ###
(b)Data The report required under subsection
(a)shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— ####
(1)demographic data on each element of the workforce of the Department during the 3-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— #####
(A)individuals hired to join the workforce; #####
(B)individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; #####
(C)individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; #####
(D)individuals serving in each bureau’s front office; #####
(E)individuals serving as detailees to the National Security Council; #####
(F)individuals serving on applicable selection boards; #####
(G)members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; #####
(H)individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; #####
(I)individuals participating in mentorship or retention programs; and #####
(J)individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; ####
(2)an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; ####
(3)data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent; and ####
(4)the total amount of funds spent by the Department for the purposes of advancing diversity, equity, inclusion, and accessibility during each of the 4 previous fiscal years, disaggregated, to the extent practicable, by bureau and activity, including, as outlined in the Department’s 2022 Diversity, Equity, Inclusion and Accessibility Strategic Plan— #####
(A)workforce pay and compensation; #####
(B)recruitment, hiring, promotions, and retention; #####
(C)reasonable accommodations for disability and religion; #####
(D)safe workplaces; and #####
(E)addressing sexual harassment and discrimination. ###
(c)Effectiveness of Department Efforts The report required under subsection
(a)shall describe and assess the effectiveness of the efforts of the Department— ####
(1)to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; ####
(2)to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; ####
(3)to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; ####
(4)to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; ####
(5)to provide reasonable accommodation for qualified employees and applicants with disabilities; ####
(6)to recruit a representative workforce by— #####
(A)recruiting women, persons with disabilities, and minorities; #####
(B)recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; #####
(C)placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; #####
(D)sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; #####
(E)providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.), and other hiring initiatives; #####
(F)recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally underrepresented groups; #####
(G)offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; #####
(H)expanding the use of paid internships; and #####
(I)supporting recruiting and hiring opportunities through— ######
(i)the Charles B. Rangel International Affairs Fellowship Program; ######
(ii)the Thomas R. Pickering Foreign Affairs Fellowship Program; and ######
(iii)other initiatives, including agency-wide policy initiatives; and ####
(7)to ensure transparency and accountability in the work of the Chief Diversity and Inclusion Officer and the Secretary’s Office of Diversity and Inclusion, particularly by— #####
(A)avoiding any duplication of existing diversity, equity, inclusion, and accessibility efforts, including with the Bureau of Global Talent Management, the Office of Civil Rights, and other Department offices; and #####
(B)requiring measurable impacts in hiring, retention, and other aspects of the Diversity, Equity, Inclusion and Accessibility Strategic Plan. ###
(d)Annual Report ####
(1)In general Not later than 1 year after the publication of the report required under subsection (a), and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— #####
(A)disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; #####
(B)an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and #####
(C)disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. ####
(2)Combination with other annual report The report required under paragraph
(1)may be combined with another annual report required by law, to the extent practicable.
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Sec. 9402
COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA
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