Title 22, Foreign Relations and IntercourseRelease 119-102

§4006 Other Bases for Promoting or Increasing Pay

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

Last updated Aug 21, 2026|Official source

Summary

The Secretary must follow orders from the Merit Systems Protection Board, and may act on recommendations from the Foreign Service Grievance Board, an equal employment opportunity appeals examiner, or the Special Counsel, to promote or raise pay for Foreign Service members. Actions covered include recommending a promotion to the President under section 3942(a), promoting under section 3943, giving Senior Foreign Service performance pay under section 3965(c), and giving within-class raises under section 3966 to those on the Foreign Service Schedule. When carrying out these powers, and when using authority under section 4005(b), the Secretary may, in special situations set by regulation, make promotions, performance pay, and within-class raises apply retroactively and may recommend retroactive promotions to the President.

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 22, Foreign Relations and Intercourse

Last Updated

Aug 21, 2026

Release point: 119-102