---
kind: "section"
citation: "22 U.S.C. § 4006"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4006"
heading: "Other bases for promoting or increasing pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4006"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter VI — Promotion and Retention"
---

# §4006. Other bases for promoting or increasing pay

- (a) The [Secretary](/usc/22/3902.md?p=10) may pursuant to a recommendation of the Foreign Service [Grievance](/usc/22/4131.md?p=a-1) Board, an equal employment opportunity appeals examiner, or the Special Counsel of the Merit [Systems](/usc/22/4071a.md?p=10) Protection Board, and shall pursuant to a decision or order of the Merit [Systems](/usc/22/4071a.md?p=10) Protection Board—
  - (1) recommend to the President a promotion of a member of the Service under [section 3942(a) of this title](/usc/22/3942.md?p=a);
  - (2) promote a member of the Service under [section 3943 of this title](/usc/22/3943.md);
  - (3) grant performance pay to a member of the Senior Foreign Service under [section 3965(c) of this title](/usc/22/3965.md?p=c); or
  - (4) grant a within-class salary increase under [section 3966 of this title](/usc/22/3966.md) to a member of the Service who is assigned to a salary class in the Foreign Service Schedule.
- (b) In implementing [subsection (a)](#a) of this section and in cases in which the [Secretary](/usc/22/3902.md?p=10) has exercised the authority of [section 4005(b) of this title](/usc/22/4005.md?p=b), the [Secretary](/usc/22/3902.md?p=10) 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.

## Source credit

(Pub. L. 96–465, title I, § 606, Oct. 17, 1980, 94 Stat. 2096.)