22 U.S.C. § 3902

Definitions

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As used in this chapter, the term—(1) “abroad” means all areas not included within the United States;(2) “agency” means an agency as defined in section 552(e) 11 See References in Text note below. of title 5;(3) “chief of mission” means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 3982(c) of this title to be temporarily in charge of such a mission or office;(4) “Department” means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency;(5) “employee” (except as provided in section 4102(8) of this title) means, when used with respect to an agency or to the Government generally, an officer or employee (including a member of the Service) or a member of the Armed Forces of the United States, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration;(6) “function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity;(7) “Government” means the Government of the United States;(8) “merit principles” means the principles set out in section 2301(b) of title 5;(9) “principal officer” means the officer in charge of a diplomatic mission, consular mission (other than a consular agency), or other Foreign Service post;(10) “Secretary” means the Secretary of State, except that (subject to section 3921 of this title) with reference to the exercise of functions under this Act with respect to any agency authorized by law to utilize the Foreign Service personnel system, such term means the head of that agency;(11) “Service” or “Foreign Service” means the Foreign Service of the United States; and(12) “United States”, when used in a geographic sense, means the several States and the District of Columbia.(Pub. L. 96–465, title I, § 102, Oct. 17, 1980, 94 Stat. 2075; Pub. L. 98–164, title I, § 130(a), Nov. 22, 1983, 97 Stat. 1027.)Editorial NotesReferences in Text

Section 552(e) of title 5, referred to in par. (2), was redesignated section 552(f) of title 5 by section 1802(b) of Pub. L. 99–570.

Amendments

1983—Pub. L. 98–164 struck out “(a)” before “As used in this chapter”, and struck out subsec. (b) which provided that references to Foreign Service officers in any provision be deemed to refer to, with respect to the United States Information Agency, Foreign Service Information officers.

Notes of Decisions

Cited in 4 cases (4 in the last 5 years), 2023–2025 · leading case: Am. Foreign Serv. Ass'n v. Trump (D.D.C. 2025).

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Am. Foreign Serv. Ass'n v. Trump (D.D.C. 2025). · cites it 2× “” 22 U.S.C. § 3902 (4); see Pl.’s Mem. at 23 n.”

L'Ass'n des Americains Accidentels v. DOS (D.C. Cir. 2023). “90-91 (diplomatic cable announcing Diplomacy Strong Framework); 22 U.S.C. § 3902 (3). That Framework described a multi-phased approach to discretionary resumption of in-person consular operations, with renunciation appointments becoming available in Phase Three.”

Rahman v. Blinken (D.D.C. 2024). “” Foreign Service Act, 22 U.S.C. § 3902 (3) (1980). A petitioner’s application for COM approval must include “a statement of credible threat detailing the ongoing threat to the applicant as a result of the applicant’s service and a letter of recommendation from a supervisor…”

Faizi v. Garland (D.D.C. 2024). ““A Chief of Mission is ‘the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 3982(c) to be…”

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