Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 9, 2016
Document Release Date: 
August 24, 2000
Sequence Number: 
Case Number: 
Publication Date: 
November 7, 1977
Content Type: 
PDF icon CIA-RDP81-00261R000300030033-4.pdf123.32 KB
s>. W1it tn.~:~S Jf~t [ 1.73 '[;3c yK Y *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 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