Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 3968a. Locally-employed staff wages
Statutory text
Market-responsive staff wages
Not later than 180 days after , and every 3 years thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in section 3968 of this title, at each diplomatic post that—
is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and
is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.
Exception
The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest.
Recordkeeping requirement
The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based—
shall be filed electronically and retained for not less than 5 years; and
shall be made available to the appropriate congressional committees upon request.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of State Authorities Act, Fiscal Year 2017
Pub. L. 114–323 title IV § 401 · 130 Stat. 1905
Enacted · 22 U.S.C. § 3968a
Pub. L. 114–323, title IV, § 401, Dec. 16, 2016, 130 Stat. 1926
Source evidence
Code source credit
Pub. L. 114–323, title IV, § 401, Dec. 16, 2016, 130 Stat. 1926Enacted provision · exact public law section
SEC. 401. LOCALLY-EMPLOYED STAFF WAGES. (a) Market-Responsive Staff Wages.— Not later than 180 days after the date of enactment of this Act and periodically thereafter, the Secretary shall establish and implement a prevailing wage rates goal for positions in the local compensation plan, as described in section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968), at each diplomatic post that— (1) is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and (2) is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post. (b) Exception.— The prevailing wage rate goal established under subsection (a) shall not apply if compliance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public interest. (c) Recordkeeping Requirement.— The analytical assumptions underlying the calculation of wage levels at each diplomatic post under subsection (a), and the data upon which such calculation is based— (1) shall be filed electronically and retained for not less than 5 years; and (2) shall be made available to the appropriate congressional committees upon request.Department of State Authorization Act of 2023
Pub. L. 118–31 div. F title LXII § 6226(a) · 137 Stat. 136
Substituted · 22 U.S.C. § 3968a(a)
Pub. L. 118–31 substituted “every 3 years” for “periodically” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31 substituted “every 3 years” for “periodically” in introductory provisions.Enacted provision · exact public law section
(a) Establishment and Implementation of Prevailing Wage Rates Goal.— Section 401(a) of the Department of State Authorities Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is amended in the matter preceding paragraph (1), by striking “periodically” and inserting “every 3 years”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
Amendments
2023—Subsec. (a). Pub. L. 118–31 substituted “every 3 years” for “periodically” in introductory provisions.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of “Secretary” and “appropriate congressional committees” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.
Credits
2016–2023 · 2 acts
- 2016Pub. L. 114–323, title IV, § 401, , 130 Stat. 1926
- 2023Pub. L. 118–31, div. F, title LXII, § 6226(a), , 137 Stat. 980.
Show as published
(Pub. L. 114–323, title IV, § 401, , 130 Stat. 1926; Pub. L. 118–31, div. F, title LXII, § 6226(a), , 137 Stat. 980.)