ALIEN LANGUAGE INSTRUCTORS OF THE FOREIGN SERVICE INSTITUTE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00965R000400030046-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: February 18, 2004
• Sequence Number: 46
• Publication Date: November 18, 1958
• Content Type: MFR

Approved For Release 2004/05/13 : CIA-RDP91-00965R000400030046-4
I8 November 195g
MEMORANDUM FOR THE RECORD
SUBJECT: Alien Language Instructors of the Foreign Service
Institute
1. Talked at some length with Ed Lyerly, Legal Advisor's Office.
Department of tats. He pointed out that the instructors originally were
hired as independent contractors to avoid application of the prohibition
against employment of aliens. Originally the fact situation met the
contract in that they were only used for one or two lectures a week but
subsequently they were used pretty much on a full time basis.
2. Subsequently the Internal Revenue Service has queried their
status and apparently is preparing to too** a ruling that they are employees.
Consequently it is likely that GAO would follow the same path. Lyerly
stated that the matter has not been forced on them from either the Congress
or other outside sources. In tact they are proposing to solve the problem
by either of two methods - (1) corrective legislation is amendments to the
Foreign Service Act or (2) by including further exception in the annual
appropriation.
3. Lyerly agreed completely with our difficulties in seeing any
reasonable, way in which we could assist in this problem. In any event,
it was his view that the Department could probably ride out the situation.
arguing, if the questions were raised, that these people are Independent
tractors and not within the law. Even if this argument is lost, he
felt they had a reasonable chance of granting their pay on a quantum
merit basis.
4. This information was relayed tol who is going to
advise his contacts simply that we have looked into the matter thoroughly
and on. no possible way we can help in this that would be legal or that
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would not appear to be a subterfuge insofar as the intent of Congress
is concerned.
sjJJ
(~
JOHN S. WARNER
Legislative Counsel
5X1 cc:I
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