Title 22Foreign Relations and IntercourseRelease 119-73

§4006 Other bases for promoting or increasing pay

Title 22 › Chapter CHAPTER 52— - FOREIGN SERVICE › Subchapter SUBCHAPTER VI— - PROMOTION AND RETENTION › § 4006

Last updated Apr 6, 2026|Official source

Summary

The Secretary can, when recommended by certain grievance or appeal officials, and must if ordered by the Merit Systems Protection Board, do four things: recommend a promotion to the President under section 3942(a); promote someone under section 3943; give performance pay to a Senior Foreign Service member under section 3965(c); or give a within-class salary increase under section 3966. The Secretary may also, under rules that set special circumstances and when using authority under section 4005(b), make those promotions, pay awards, or raises retroactive.

Full Legal Text

Title 22, §4006

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary may pursuant to a recommendation of the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board—
(1)recommend to the President a promotion of a member of the Service under section 3942(a) of this title;
(2)promote a member of the Service under section 3943 of this title;
(3)grant performance pay to a member of the Senior Foreign Service under section 3965(c) of this title; or
(4)grant a within-class salary increase under section 3966 of this title to a member of the Service who is assigned to a salary class in the Foreign Service Schedule.
(b)In implementing subsection (a) of this section and in cases in which the Secretary has exercised the authority of section 4005(b) of this title, the Secretary may, in special circumstances set forth by regulation, make retroactive promotions, grant performance pay, make retroactive within-class salary increases, and recommend retroactive promotions by the President.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4006

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73