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22 U.S.C. § 4006 — Other bases for promoting or increasing pay
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim);
(2) promote a member of the Service under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim);
(3) grant performance pay to a member of the Senior Foreign Service under [section 3965(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965/c&num=0&edition=prelim); or
(4) grant a within-class salary increase under [section 3966 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3966&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim), 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.
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Stable record: federal_law:legal_authorities:record_usc_0ed0bf7127cdc032df83578d
Source file: Laws/federal/codes/united-states-code/title-22/section-4006-other-bases-for-promoting-or-increasing-pay--b5a3ca6908.md
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Source location: Title 22, Chapter 52, § 4006; chapter-052-foreign-service.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim);
(2) promote a member of the Service under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim);
(3) grant performance pay to a member of the Senior Foreign Service under [section 3965(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3965/c&num=0&edition=prelim); or
(4) grant a within-class salary increase under [section 3966 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3966&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4005/b&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Time period; limitation** Any member of the Service receiving a salary under the Foreign Service Schedule shall be advanced to the next higher salary step in the member’s class at the beginning of the first applicable pay period following the completion by that member of a period of—
(1) 52 calendar weeks of service in each of salary steps 1 through 9, and
(2) 104 calendar weeks of service in each of salary steps 10 through 13,
unless the performance of the member during that period is found in a review by a selection board established under [section 4002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4002&num=0&edition=prelim) to fall below the standards of performance for his or her salary class.
**(b) Additional increase for meritorious service** The Secretary may grant, on the basis of especially meritorious service, to any member of the Service receiving an increase in salary under subsection (a), an additional salary increase to any higher step in the salary class in which the member is serving.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3966
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may appoint the members of the Service (other than the members of the Service who are in the personnel categories specified in [section 3942(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a&num=0&edition=prelim)) in accordance with this chapter and such regulations as the Secretary may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3943
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Federal law — U.S. Code and appendices · legal_authorities
Page 1460
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4004
nated’’, was executed by adding par. (4) after par. (3) as
added by Pub. L. 117–263, § 9302(k)(3), to reflect the prob-
able intent of Congress. See above.
2021—Subsec. (c). Pub. L. 117–81 added subsec. (c).
2004—Subsec. (b). Pub. L. 108–458 inserted at end ‘‘The
precepts for selection boards shall include, whether the
member of the Service or the member of the Senior
Foreign Service, as the case may be, has dem-
onstrated—’’ and pars. (1) and (2).
2002—Subsec. (a). Pub. L. 107–132 substituted ‘‘George
P. Shultz National Foreign Affairs Training Center’’
for ‘‘Foreign Service Institute’’.
Statutory Notes and Related Subsidiaries
CONSULTATION AND GUIDANCE
Pub. L. 117–81, div. E, title LIII, § 5325(b), Dec. 27, 2021,
135 Stat. 2370, provided that:
‘‘(1) CONSULTATION.—Not later than 30 days after the
date of the enactment of this Act [Dec. 27, 2021], the Di-
rector General of the Foreign Service shall consult
with the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Rela-
tions of the Senate regarding the development of the
gap memo under subsection (c) of section 603 of the
Foreign Service Act of 1980 (22 U.S.C. 4003), as added by
subsection (a) of this section.
‘‘(2) DEFINITION.—In this subsection, the term ‘gap
memo’ has the meaning given such term in subsection
(c) of section 603 of the Foreign Service Act of 1980 (22
U.S.C. 4003), as added by subsection (a) of this section.’’
§ 4004. Records
(a) The records described in section 4003(a) of
this title shall be maintained in accordance with
regulations prescribed by the Secretary. Except
to the extent that they pertain to the receipt,
disbursement, and accounting for public funds,
such records
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4006
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