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Title 22 — Foreign Relations and Intercourse

Chapter 52 — Foreign Service

§ 3968a. Locally-employed staff wages

Statutory text

(a)

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—

(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.

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.

  1. 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. 1926

    Enacted 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.

  2. 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
  1. 2016Pub. L. 114–323, title IV, § 401, , 130 Stat. 1926
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s3968a