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

Summary

The Secretary must set and put into practice a target pay level for jobs paid under the local compensation plan at each U.S. diplomatic post within 180 days after December 16, 2016, and then every 3 years. The target must be based on each post’s hiring and retention needs and local labor market conditions checked each year, and must be at least the 50th percentile of comparable local wages. It does not apply if it would conflict with U.S. law, local law, or the public interest. The assumptions and data used to make those pay calculations must be filed electronically, kept for at least 5 years, and provided to the appropriate congressional committees if they request them.

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