TRAINING FOR RE-EMPLOYMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00261R000300030033-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2000
• Sequence Number: 33
• Publication Date: November 7, 1977
• Content Type: MF

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*OGO Has Reviewed*
Approved For Rele3ft 2001/09/01 : CIA-RDP81-00261Wd M 31233-4
7 November 1977
P,!IEMORANUUPM 1~'OR: Director of Personnel
Assistant General Counsel
SUBJECT Training for Re-Employment
REFERENCE OGC G5-0927a, dtd 24 May 65, Subj.
Training for Re--Employment
1. You have requested that this Office re--examine referenced 1.965
opinion upholding the legality and propriety of expending official funds for.
".retooling" resignees or early retirees for post-separation employment.
Briefly, this opinion sets forth. the view that a training program fo;
prospective retirees may be properly authorized pursua-xit to the Director's
authority under section 102c of the National Security Act of 1947, as amended,
and section 8 of the CIA Act of 1949, as amended, if based on security
considerations and limited in scope.
2. While this earlier opinion did not identify the extent to which
other potentially applicable Federal statutes were canvasecl, an examination
of the background material. leading to the opinion indicates that this question
has been raised and considered on previous occasions. These n.-materials
disclose that the various training authorities of other agencies and Govern
ment-wide training authorities including, The Government Employees Training
Act (5 U.S. C. 4101, et sort. ~`) and The Manpower Development and Training
Act (42 U.S.C. 2571, et seq.) were exarnined and found to be inadequate. Otzr
re-examination of these la sin their current form confirms this earlier con-
clusion that sucl.i authorities would not be applicable.
3. While we are still of the view that, as a theoretical matter, a retraining,
program and associated expenditures might be justified if special operational or
security considerations were involved, we doubt the requisite justification could
be established in any particular- case. In this regard the Retirement Affairs
Division has informally advised the undersigned that Agency employees appear
to stand in no better or worse positions than any other Federal employee when.
*Tike ok?i.girral section A. of the CIA Act of 1949, as amended, which arguably
would have provided authority for a retraining prof rain was repealed by section
21 of this Act.
1611.1 TIC il IN
All
Approved For Release 2001/09/01 : CIA-RDP81-00261 R000300030033-4
 Approved For ReldWe 2001/09/01 : CIA-RDP81-00261 R00DW0030033-4
seeking post -separation employment. It should be noted that Government
training programs (other than welfare-oriented profrarmms) are, by and large,
oriented toward retaining or upgrading an employee's skills in order to
enhance his ability to perform his job. Training a Federal employee to put
him in a better competitive position subsequent to the termination of his
services with the Federal Government is neither a legal nor moral obligati
of the Agency. The employee's choice of vocation is entirely his own, and the
degree to which that vocation is marketable after retirement, is one of the consider-
ations an employee must weigh before entering a particular field of work.
4. The establishment of an Agency program. for. "retooling" resig n.ee: or
early retirees would not, in the current view of this Office, be supportable under
the legal authorities discussed in OGG 65-0927a. At most, those authorities could
be relied on to justify expenditures on a case-by--case basis, taking into account
the special and individualized circumstances of the emplcyce involved. If it is
desired to establish a general program, it is our recommendation that a :specific
appropriation be sought for that purpose. OGG 65-0927a is modified to the extent
it is inconsistent with the views expressed above.
JMH: nl
Distribution
Original - Addressee
1 - RETIREMENT
JMH Signer
I- Chrono
Approved For Release 2001/09/01 : CIA-RDP81-00261 R000300030033-4