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that is relevant and material to any matter that is within the published purpose of the hearing.

(f) The presiding chairman may require that evidence be under oath.

(g) Witnesses may be examined and cross-examined by the Commissioners and by counsel for the Governments and the Commission. With the consent of the presiding chairman, counsel for any interested person may also examine or cross-examine witnesses.

(h) The Commission may require further evidence to be given and may require printed briefs to be submitted at or subsequent to the hearing.

(1) A verbatim transcript of the pro

ceedings at the hearing shall be prepared. § 401.30 Proceedings Under Article X.

When a question or matter of difference arising between the two Governments involving the rights, obligations or interests of either in relation to the other or to their respective inhabitants has been or is to be referred to the Commission for decision under Article X of the Treaty, the Commission, after consultation with the said Governments, will adopt such rules of procedure as may be appropriate to the question or matter referred or to be referred.

CHAPTER V-UNITED STATES INFORMATION

AGENCY

Part
500 Employee responsibilities and conduct.
501 Appointment for Foreign Service information officers.
502

World-wide free flow (export-import) of audio-visual materials. 503

Availability of records. 504 Organization. 511 Federal Tort Claims procedure.

PART 500—EMPLOYEE RESPONSI

BILITIES AND CONDUCT CROSS-REFERENCE: The regulations governing the responsibilities and conduct of employees of the U.S. Information Agency are codified as Part 10 of this title, prescribed jointly by the Department of State, the Agency for International Development, and the United States Information Agency, 31 F.R. 6309, Apr. 26, 1966.

PART 501-APPOINTMENT OF FOR

EIGN SERVICE INFORMATION

OFFICERS Sec. 501.1 Policy. 501.2

Eligibility for appointment as FSIO. 501.3

Appointment of FSIO as chief of

mission, 501.4 Noncompetitive interchange between

Civil Service and Foreign Service.

Appointment to Class 7 or 8. 501.6

Written examination. 501.7 Oral examination. 501.8

Medical examination. 501.9

Certification for appointment. 501.10 Leave-without-pay appointments. 501.11

Termination of eligibility. 501.12 Travel expenses of candidates. 601.13 Lateral entry appointment of Foreign

Service information officers to
Classes 1 through 6.

AUTHORITY: The provisions of this part 501 issued under 22 U.S.C. 1221 et seq.; E.O. 11434 of Nov. 8, 1968 (33 F.R. 16485).

SOURCE: The provisions of this part 501 appear at 34 F.R. 3659, Mar. 1, 1969, unless otherwise noted. $ 501.1 Policy.

It is the policy of the U.S. Information Agency that Foreign Service information officers occupy positions in which there is a need and reasonable opportunity for interchangeability of personnel between the Agency and posts abroad, and which are concerned with (a) the conduct, observation, or analysis of information and cultural activities, or (b) the executive management of, or administrative responsibility for, the overseas operations of the Agency's program. $ 501.2

Eligibility for appointment as FSIO. (a) Pursuant to Public Law 90–494 and section 511 of the Foreign Service Act of 1946, as amended, all Foreign Service information officers shall be appointed by the President, by and with the advice and consent of the Senate. All appointments shall be made to a class and not to a particular post. No person

501.5

shall be eligible for appointment as a Foreign Service information officer unless he has demonstrated his loyalty to the Government of the United States and his attachment to the principles of the Constitution, and unless he has been a citizen of the United States for at least 10 years and, if married, is married to a citizen of the United States. The religion, race, sex, and political affiliations of a candidate will not be considered in designations, examinations, or certifications.

(b) Notwithstanding the provisions of 5 U.S.C. 3320 the fact that any applicant is a veteran or disabled veteran, as defined in 5 U.S.C. 2108 (1) or (2) will be taken into consideration as an affirmative factor in the selection of applicants for initial appointment as Foreign Service information officers. § 501.3 Appointment of FSIO as chief

of mission. (a) Appointment by President. Chiefs of mission are appointed by the President, by and with the advice and consent of the Senate. They may be career members of the Foreign Service or they may be appointed from outside the Service.

(b) Recommendation of Foreign Service information officers. On the basis of recommendations made by the Board of the Foreign Service and the Director of USIA, the Secretary of State from time to time furnishes the President with the names of Foreign Service information officers qualified for appointment as chiefs of mission. The names of these officers, together with pertinent information concerning them, are given to the President to assist him in selecting qualified candidates for appointment as chiefs of mission.

(c) Status of Foreign Service information officers appointed as chiefs of mission. Foreign Service information officers who are appointed as chiefs of mission retain their status as Foreign Service information officers. $ 501.4 Noncompetitive interchange be

tween Civil Service and Foreign

Service. (a) An agreement between the Civil Service Commission and the Agency under the provisions of Executive Order 11219 (3 CFR 1964–65 Comp. p. 303) provides for the noncompetitive appointment of present or former career or career-conditional Civil Service employees in the Foreign Service.

(b) Under this agreement former career personnel of the Agency's Foreign Service (FSCR, FSIO, or FSS), and such present personnel desiring to transfer, are eligible, under certain conditions, for noncompetitive career or career-conditional appointment in

any Federal agency that desires to appoint them. The President has authorized the Civil Seryice Commission by Executive order to waive the requirement for competitive examination and appointment for such Agency career Foreign Service personnel.

(c) In order to provide a comparable basis for the appointment of career or career-conditional Civil Service employees in the Foreign Service, the Agency has agreed to waive written test requirements under certain conditions for career or unlimited appointment to the Foreign Service Staff Corps and to credit service under a Civil Service career type appointment toward the probationary period in the Staff Corps.

(d) In addition, the agreement recognizes the current provisions of the Foreign Service Act as a basis for the lateral entry appointment of present or former Civil Service personnel as Foreign Service information officers. $ 501.5 Appointment to Class 7 or 8.

Appointment as a Foreign Service information officer of class 8, or of class 7, is governed by $$ 501.6–501.12. $ 501.6 Written examination.

(a) When and where given. The written examination will usually be given annually in designated cities in the United States and at Foreign Service posts abroad on dates established by the Board of Examiners for the Foreign Service. Applicants must indicate in their applications whether they are applying for appointment as an FSO with the Department of State or for appointment as an FSIO with the United States Information Agency.

(b) Designation to take the written examination. No person will be permitted to take a written examination for

ppointment as Fo ign Service information officer who has not been specifically designated by the Board of Examiners to take that particular examination. Prior to each written examination the Board will establish a closing date for the receipt of applications for designation to take the examination. No person will be designated for the examination

who has not as of that closing date filed (c) Examining process. The oral exan application with the Board. To be amination will be given by a panel of designated for the written examination deputy examiners selected by the Board a candidate, as of the date of the exami- of Examiners from a roster of Foreign nation, shall have been a citizen of the Service officers, Foreign Service informaUnited States for at least 712 years and tion officers, officers from the Departshall be at least 21 but under 31 years ment of State, the U.S. Information of age, except that an applicant who has Agency and other Government agencies, been awarded a bachelor's degree by a and qualified private citizens who by college or university, or has completed prior service as members of selection successfully his junior year at a college boards or through other appropriate acor university, may qualify as to age if tivities have demonstrated special qualat least 20 but under 31 years of age.

ifications for this work. The examination (c) Content. The written examination will be conducted in the light of all availis designed to permit the Board to test able information concerning the candithe candidate's intelligence and the date and will be designed to determine breadth and quality of his knowledge his competence to perform the work of and understanding. It will consist of four a Foreign Service information officer at parts: (1) A general ability test, (2) an home and abroad, his potential for English expression test, (3) a general growth in the Service, and his suitability background test, and (4) three special to serve as a representative of the United optional tests: Option A History, Gov- States abroad. Panels examining candiernment, Social Sciences, and Public Af- dates for the Department of State will fairs; Option B-Administration; Option be chaired by a Foreign Service officer C-Economics and Commerce; one of with the Department. Panels examining which must be selected by the candidate candidates for the United States Inforexcept that candidates for the United mation Agency will be chaired by an States Information Agency will take Op- officer from the Agency's Foreign Service. tion A only.

Determinations of duly constituted pan(d) Grading. The several parts of the els of deputy examiners are final, unless written examination are weighted in ac- modified by specific action of the Board cordance with the rules laid down by the of Examiners for the Foreign Service. Board of Examiners.

(d) Grading. Candidates appearing for

the oral examination will be graded “rec$ 501.7 Oral examination.

ommended for class 8," "recommended The Board of Examiners for the for class 7,or “not recommended.” If Foreign Service has established the recommended, the panel will assign a following rules regarding the oral grade which will determine the candiexamination:

date's numerical standing on the rank(a) When and where given. The oral order register of eligibles. examination will be given throughout the

$ 501.8 Medical examination. year at Washington and periodically in selected cities in the United States and The Board of Examiners for the at selected Foreign Service posts abroad. Foreign Service has established the

(b) Eligibility. If a candidate's following rules regarding the medical weighted average on the four parts of the examination of candidates. (Regulations written examination is 70 or higher, he regarding medical examination of dewill be eligible to take the oral examina- pendents are contained in the Foreign tion. Candidates eligible for the oral ex

Affairs Manual available at the Departamination will be given an opportunity

ment of State and U.S. Information and will be required to take the oral

Agency.)

(a) Eligibility. A candidate graded examination within 9 months after the

"recommended” on the oral examinadate of the written examination. If a

tion will be eligible for the physical candidate fails to present himself for the

examination. oral examination on an agreed date

(b) Purpose. The medical examination within the 9-month period, his candidacy is designed to determine the candidate's will automatically terminate except that physical fitness to perform the duties of time spent outside the United States and a Foreign Service information officer on its territories for reasons acceptable to a worldwide basis and to determine the the Board of Examiners will not be presence of any physical, nervous, or counted against the 9-month period. mental disease or defect of such a nature

а

as to make it unlikely that he would become a satisfactory officer. The Executive Director of the Board of Examiners for the Foreign Service, with the concurrence of the Director, Medical Division, may make such exceptions to these physical requirements as are in the interest of the Service. All such exceptions shall be reported to the Board of Examiners for the Foreign Service at its next meeting.

(c) Conduct of examination. The medical examination will be conducted either by medical officers of the Armed Forces, the Public Health Service, the Department, accredited colleges and universities, or, with the approval of the Board of Examiners, by private physicians.

(d) Determination. The Board of Examiners will determine on the basis of the report of the physician(s) who conducted the medical examination whether the candidate has met the standards set forth in paragraph (b) in this section. $ 501.9

Certification for appointment. (a) No person will be certified as eligible for appointment as a Foreign Seryice information officer of class 8 unless he is at least 21 years of age, has been a citizen of the United States for at least 10 years, and, if married, is married to a citizen of the United States. A person shall be certified as eligible for direct appointment to class 7 if in addition to meeting these specifications he is at least 23 years old and has a record of 2 years of graduate training, employment, military service, or Peace Corps service which clearly demonstrates ability and special skills for which there is a need in the Foreign Service. Recommended candidates who meet these requirements, who pass their medical examinations, and who, on the basis of investigation, are found to be loyal to the Government of the United States and personally suitable to represent it abroad, will have their names placed on the rank-order register for class 8 appointments or, if deemed appropriate by the Board of Examiners in the light of their age and education or employment record, on the rank-order register for class 7 appointments, and they will be certified for appointment, in accordance with the needs of the Service, in the order of their standing on their respective registers.

(b) Separate registers for the Department of State candidates will be maintained according to the optional portions

of the examination. Successful candidates for the U.S. Information Agency will have their names placed on a separate rank-order register and appointments will be made according to the needs of the Agency. Postponement of entrance on duty for required active military service, civilian Government service abroad, or Peace Corps volunteer service will be authorized. A candidate may be certified for appointment to class, 7 or 8 without first having passed an examination in a foreign language, but his appointment will be subject to the condition that he may not receive more than one promotion unless, within a specified period of time, he achiever adequate proficiency in foreign language. 501.10 Leave-without-pay appoint

ments. In certain specified cases, leavewithout-pay offers of appointment as Foreign Service Reserve officers may be made to candidates who have established their eligibility when such appointments will insure that well-qualified candidates will not be lost to the Service because they wish to continue advanced graduate studies that will improve their qualifications as future Foreign Service information officers. When they become available for duty they will be nominated for regular Foreign Service information officer appointments. $ 501.11 Termination of eligibility.

(a) Candidates who have qualified but have not been appointed because of lack of vacancies will be dropped from the rank-order register 30 months after the date of the written examination: Provided, however, That reasonable time spent in civilian Government seryice abroad, including service as a Peace Corps volunteer or in required active military service subsequent to establishing eligibility for appointment will not be counted in the 30-month period.

(b) The Chairman of the Board of Examiners may extend the eligibility period when such extension is in his judgment justified in the interests of the Service. He shall report to the Board of Examiners the extensions he has approved. $ 501.12 Travel expenses of candidates.

The travel and other personal expenses of candidates incurred in connection with the written and oral examination

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