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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim), 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.

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Stable record: federal_law:legal_authorities:record_usc_0f9cde25bc2e4e94a09bd991
Source file: Laws/federal/codes/united-states-code/title-22/section-3968a-locally-employed-staff-wages--c4840b8d21.md
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Source location: Title 22, Chapter 52, § 3968a; chapter-052-foreign-service.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2651 — Establishment of Department

There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3968 — Local compensation plans

**(a) Establishment; rates of pay; leaves of absence; supplemental payments; transfer from Civil Service Retirement and Disability Fund** (1) The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under [section 3951(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3951/c/1&num=0&edition=prelim). To the extent consistent with the public interest, each compensation plan shall be based upon prevailing wage rates and compensation practices (including participation in local social security plans) for corresponding types of positions in the locality of employment, except that such compensation plans shall provide for payment of wages to United States citizens at a rate which is no less than the then applicable minimum wage rate specified in [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). Any compensation plan established under this section may include provision for (A) leaves of absence with pay for employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitation contained in [section 6310 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim), (B) programs for voluntary transfers of such leave and voluntary leave banks, which shall, to the extent practicable, be established in a manner consistent with the provisions of subchapters III and IV, respectively, of chapter 63 of title 5, and (C) payments by the Government and employees to (i) a trust or other fund in a financial institution in order to financ

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 1450 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3968a ‘‘(B) Department of Defense wage rates are in- cluded in wage surveys of the Department of State where the Department of Defense operates under in- direct-hire arrangements; ‘‘(2) monitor the establishment of wage rates out- side the United States more closely to insure that United States missions— ‘‘(A) operate under salary schedules that reflect private sector average pay or average pay ranges, ‘‘(B) include the cost of severance in making pay adjustments, and ‘‘(C) survey jobs in the private sector which rep- resent as closely as possible the work force of the mission; and ‘‘(3) substitute, whenever possible, prevailing local retirement plans for civil service retirement with re- spect to the retirement of foreign nationals employed by the United States.’’ § 3968a. Locally-employed staff wages (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 compensa- tion plan, as described in section 3968 of this title, at each diplomatic post that— (1) is based on the specific recruiting and re- tention 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 compli- ance with such subsection would be inconsistent with applicable United States law, the law in the locality of employment, or the public inter- est. (c) Recordkeeping requirement The analytical assumptions un

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