§3968a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Within 180 days after December 16, 2016, and every three years after that, the Secretary must set and carry out a target for prevailing wages for jobs on the local pay plan at each U.S. diplomatic post (embassy or consulate). The target must come from each post’s yearly check of hiring and retention needs and local labor market conditions, and it must be at least the 50th percentile (the median) of similar local wages. The target does not apply if following it would conflict with U.S. law, the host country’s law, or the public interest. The assumptions and data used to make each post’s wage target must be saved electronically for at least 5 years and provided to the proper congressional committees if they ask.

Title 22, §3968a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Not later than 180 days after December 16, 2016, 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)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)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.

Notes & Related Subsidiaries

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.

§3968a Locally-employed staff wages