1. (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. (1) is based on the specific recruiting and retention needs of each such post and local labor market conditions, as determined annually; and
   2. (2) is not less than the 50th percentile of the prevailing wage for comparable employment in the labor market surrounding each such post.
2. (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.

3. (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. (1) shall be filed electronically and retained for not less than 5 years; and
   2. (2) shall be made available to the appropriate congressional committees upon request.

(Pub. L. 114–323, title IV, § 401, Dec. 16, 2016, 130 Stat. 1926; Pub. L. 118–31, div. F, title LXII, § 6226(a), Dec. 22, 2023, 137 Stat. 980.)

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.