Chapter 365. To establish in the Bureau of Foreign and Domestic Commerce of the Department of Commerce a Foreign Commerce Service of the United States, and for other purposes
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CHAP. 365.— An Act To establish in the Bureau of Foreign and Domestic Commerce of the Department of Commerce a Foreign Commerce Service of the United States, and for other purposes.March 3, 1927.[[H. R. 3858](/us/bill/69/hr/3858).][[Public, No. 768](/us/pl/69/768).] *Be it enacted By the Senate and House of Representatives of the United States of America in Congress assembled*,Foreign Commerce Service.Established in Department of Commerce. Grades of officers. That there is hereby established in the Bureau of Foreign and Domestic Commerce of the Department of Commerce the Foreign Commerce Service of the United States (hereinafter referred to as the “ foreign commerce service ”), consisting of officers to be graded in the following order and to be known as commercial attachés, assistant commercial attachés, trade commissioners, and assistant trade commissioners.
Sec. 2.Duties specified. Under the direction of the Secretary of Commerce (hereinafter referred to as the “Secretary”), the officers of the foreign commerce service shall— (a)Promotion of foreign commerce.Investigate, etc., commercial conditions abroad. Promote the foreign commerce of the United States;
(b)Investigate and report upon commercial and industrial conditions and activities in foreign countries which may be of interest to the United States; 1395
(c)Perform such other duties as the Secretary may direct inOther promotion duties as directed. connection with the promotion of the industries, trade, or commerce of the United States;
(d)Make such inspections of the foreign commerce service as theInspections of foreign commerce service. Secretary may direct. Sec. 3.
(a)The Secretary is authorized to appoint officers of theAppointments in, after civil service examinations. foreign commerce service, but only after eligibility has been determined by examinations held by the Civil Service Commission and the Department of Commerce in coordination, under regulations approved by the Civil Service Commission, except that the SecretaryEligibility of present service in Bureau of Foreign and Domestic Commerce, without civil service examinations. may, with the approval of the Civil Service Commission, appoint without such examination any person who, prior to the date on which this Act takes effect, has served, or has passed an examination for appointment, as commercial attached, assistant commercial attached, trade commissioner, division head, assistant trade commissioner, commercial agent, or special agent in the Bureau of Foreign and Domestic Commerce.
(b)The Secretary shall appoint each officer of the foreign commerceClassification and salaries of officers. service to a grade specified in section 1, and to one of the following classes, and shall fix his compensation within the salary range specified for such class: Class 1, $8,000 to $10,000; class 2, $6,000 to $8,000; class 3, $4,000 to $6,000; class 4, $3,000 to $4,000; class 5, below $3,000. In making appointments to a grade and classConsiderations for appointments. and in fixing compensation the Secretary shall take into consideration the examination and record of the officer and the post to which assigned, and the various commercial interests of the different sections of the country.
(c)The Secretary is authorized to promote or demote in gradePromotions and demotions authorized. or class, to increase or decrease within the salary range fixed for the class the compensation of, and to separate from the service officers of the foreign commerce service, but in so doing the Secretary shall take into consideration records of efficiency maintained under his direction.
(d)Any officer of the foreign commerce service may be assignedPeriod of assignments to duty in United States. for duty in the United States for a period of not more than three years without change in grade, class, or salary, or with such change as the Secretary may direct.
(e)The Secretary of Commerce is authorized, whenever he deemsLeave of absence in United States after three years’ service abroad. it would be in the public interest, to order to the United States on his statutory leave of absence any foreign commerce officer who has performed three years or more of continuous service abroad: *Provided*, That the expenses of transportation and subsistence of*Provisos*.Allowances of expenses of officers and families traveling home and returning to posts. such officers and their immediate families, in traveling from their posts to their homes in the United States and return, shall be paid under the same rules and regulations applicable in the case of officers going to and returning from their posts under orders of the Secretary of Commerce when not on leave: *Provided further*, That whileAvailable for prescribed duties while on leave. in the United States the services of such officers shall be available for trade conference work and for such other duties in the Department of Commerce and elsewhere in the United States as the Secretary of Commerce may prescribe. Sec. 4.
(a)Subject to the requirements of the civil service laws Civil service appointments, etc., of clerks, etc., for officers. and rules, the Secretary is authorized to appoint, fix the compensation of, promote, demote, and separate from the service such clerks and other assistants for officers of the foreign commerce service as he may deem necessary.
(b)When authorized by the Secretary and in accordance withEmployment of clerical assistants, etc., authorized by officers abroad. the regulations of the Civil Service Commission, officers of the foreign commerce service may employ in a foreign country, from time to time, fix the compensation of, and separate from the service such clerical and subclerical assistants as may be necessary. 1396 Sec. 5.Officers to be attached to diplomatic missions by Department of State.
(a)Any officer of the foreign commerce service designated by the Secretary of Commerce shall, through the Department of State, be regularly and officially attached to the diplomatic mission of the United Slates in the country in which he is to be stationed. Arrangement if no mission in the country.If any such officer is to be stationed in a country in which there is no diplomatic mission of the United States, appropriate recognition and standing, with full facilities for discharging his official duties, may Assignments discretionary with Secretary of State.be arranged by the Department of State. The Secretary of State may reject the name of any such officer if in his judgment the assignment of such officer to the post designated would be prejudicial to the public policy of the United States. (b)Character as public minister not given. No officer of the foreign commerce service shall be considered as having the character of a public minister. Sec. 6.Travel and subsistence allowance to officers on duty abroad while away from assigned posts.
(a)Any officer, clerk, employee, or assistant of the Bureau of Foreign and Domestic Commerce, while on duty outside the continental limits of the United States and away from the post to which he is assigned, shall be entitled to receive his necessary traveling expenses and his expenses incurred for subsistence, or per diem allowance in lieu thereof, in accordance with law, including, Subsistence while attending trade gatherings, etc.at the discretion of the Secretary, expenses for subsistence for the entire period while attending a trade gathering, congress, or conference, and, in any other case, for the entire period (but not exceeding sixty days) while remaining continuously in any one place. (b)Officers may fix subsistence, etc., of clerical, etc., assistants. The Secretary may authorize any officer of the foreign commerce service to fix, in an amount not exceeding the allowance fixed for such officer, an allowance for actual subsistence, or a per diem allowance in lieu thereof, for any clerical or subclerical assistant employed by such officer under subdivision
(b)of section 4. (c)Allowance while on duty in United States. Any such officer, clerk, employee, or assistant, while on duty within the continental limits of the United States, shall be entitled to receive the traveling expenses and actual expenses incurred for subsistence, or per diem allowance in lieu thereof, authorized by law. Sec. 7.Designated Department of Commerce appropriations made available for purposes of this Act. Any appropriation available during the fiscal year ending June 30, 1926, and thereafter for the Department of Commerce for commercial attaches, or for promoting commerce in Europe and other areas, South or Central America, or the Far East, shall be available for carrying out the provisions of this Act, including the Authorized expenditures specified.payment of salaries and compensation for personal services, iii the District of Columbia or elsewhere, necessary janitor and messenger service, traveling and subsistence expenses and per diem allowances, the purchase of necessary furniture and equipment, stationery, and supplies, typewriting, adding, and computing and duplicating machines, accessories and repairs, the purchase of law books, books of reference and periodicals, foreign and domestic newspaper reports, documents, maps, plans, specifications, manuscripts, and all other necessary publications, the payment of rent, outside the District of Advance payment authorized for leases, etc., abroad.Columbia, and all other necessary incidental expenses. With the approval of the Secretary, an officer of the foreign commerce service may enter into leases for office quarters and may pay rent, telephone, subscriptions to publications, and other similar charges in advance in a foreign country where custom or practice requires payment in advance. Sec. 8.Act effective at once. This Act shall take effect upon its enactment. Approved, March 3, 1927.