22 U.S.C. § 3968a: Locally-employed staff wages

Summary

The Secretary must set a target for prevailing wages for local staff at each diplomatic post within 180 days after December 16, 2016, and update it every 3 years. The target must reflect each post’s yearly hiring and local labor market and be at least the 50th percentile of pay for similar local jobs. If following the target would clash with U.S. law, the local law, or the public interest, it does not apply. The data and assumptions behind the wage calculations must be filed electronically, kept for not less than 5 years, and provided to the appropriate congressional committees on request.

Title 22, §3968a

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Market-responsive staff wages

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)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.

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