AR 13-8 TERMINATION OF EMPLOYMENT

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05852128
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 12
• Document Creation Date: October 23, 2023
• Document Release Date: September 28, 2023
• Case Number: F-2011-01300
• Publication Date: December 11, 2006

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UNCLASSIFIED OFFICIAL FILE COPY
Date: 12/11/2006
Category: 13 - Conduct; Accountability and Discipline
OPR: SC
Title: AR 13-8 TERMINATION OF EMPLOYMENT
(b)(3)
REVISION SUMMARY: 11 December 2006
This regulation supersedes AR 13-8 dated, 7 April 2005.
AR 13-8 is revised to reflect the D/CIA's decision, effective 5 July 2006, to replace the post
of Executive Director with a new position, that of Associate Deputy Director of the Central
Intelligence Agency (ADD/CIA). This revision also reflects the D/CIA's decision, effective
13 October 2005, to establish the National Clandestine Service, and remove "Deputy
Director" designation from the other Directorates and replace it with "Director." Also
revised is a title change from the Chief Operations, Security Center to "Deputy Chief,
Security Center." An additional change is the November 2005 conversion from FBIS to the 1
DNI Open Source Center.
Boldfaced text in this regulation indicates revisions.
This regulation was written by the Associate Deputy Director of the
Central Intelligence Agency's (ADD/CIA) office in coordination with
OGC, HR, and SC. Questions regarding this regulation may be
addressed to SC/SAS.
8. TERMINATION OF EMPLOYMENT
SYNOPSIS. This regulation sets forth circumstances under
which Agency employment may be terminated and provides
for the manner in which such employment terminations may
be effected.
a. AUTHORITY AND POLICY. All employment terminations, other
than by mandatory or involuntary retirement under the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees, as
amended (50 U.S.C. Sec. 2001 et seq.), shall be pursuant to the Director
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of the Central Intelligence Agency's (D/CIA's) statutory authority,
including section 104(g) of the National Security Act of 1947, as
amended (50 U.S.C. Sec. 403-4(g), which states that:
"Notwithstanding the provisions of any other law, the Director of
the Central Intelligence Agency may, in the Director's discretion,
terminate the employment of any officer or employee of the
Central Intelligence Agency whenever the Director shall deem
such termination necessary or advisable in the interests of the
United States. Any such termination shall not affect the right of
the officer or employee terminated to seek or accept employment
in any other department or agency of the Government if declared
eligible for such employment by the Office of Personnel
Management."
By the terms of this statute, to terminate the employment of an
Agency officer or employee, the Director of the Central
Intelligence Agency (D/CIA) need only deem employment
termination necessary or advisable in the interests of the United
States. It is not required that an employment termination under
this statute be in the interests of the national security, but only that
the DICTA, in his discretion, must deem such termination to be in
the interests of the United States. Notwithstanding any provisions
of this regulation or any other regulation, document, or law, the
DICTA need not provide to anyone the reasons for such
termination if he decides not to do so. Any decision not to provide
the reasons for employment termination is entirely discretionary,
and a national security basis for such a decision is not required.
However, under the terms of this statute, the decision of the
DICTA to terminate the employment of an Agency employee,
regardless of the reasons for such termination, does not foreclose
the employee from other employment with the Federal
Government. Employment may be terminated by the DICTA or by
an official of the Agency to whom the DICTA delegates
appropriate authority. No redelegations of this authority shall be
made by officials to whom this authority has been delegated
except to Agency personnel lawfully designated to act in the
capacity of such officials in their absence. Any reference in this
regulation to the DICTA shall be deemed to include Agency
officials to whom appropriate authority has been delegated.
b. TERMINATION AUTHORITIES. The termination authority of the
DICTA is delegated to:
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(1) The Deputy Director of the Central Intelligence Agency (DD/CIA)
upon the recommendation of an advisory board.
(2) The Chief, Human Resources with respect to any employee who is:
(a) Recommended by the Personnel Evaluation Board (PEB) for
termination for suitability reasons such as misconduct or
substandard performance. (see AR 13-5);
(b) Found to have abandoned his or her position;
(c) Judged to be legally incompetent; or,
(d) Serving under a Reserve Employee appointment [see AR 20-
2b(2)].
(3) The Director of National Intelligence, Open Source Center
(DNI/OSC) with respect to DNI/OSC alien employees.
(4) Directors or Heads of Independent Offices with respect to contract
employees.
(5) The ADD/CIA is delegated the authority to decide the first-level
appeals of employees recommended for termination and to terminate the
employment of such employees upon recommendation of an advisory
board. The ADD/CIA also has authority to terminate the employment of
an employee who has been declared to be excess to the needs of the
service.
(6) The ADD/CIA, as Chairman of the Panel established under AR 10-
16 to review security decisions to revoke employees' access to classified
information, is delegated authority to terminate employment of any
employee whose security revocation has been upheld by the Panel.
(7) The Deputy Chief, Security Center (DC/SC) is delegated authority
to terminate the employment of any employee who chooses not to appeal
or request a review of a security revocation decision.
c. TENURE. Agency employees do not have tenure and their emplOyment may
be terminated pursuant to the terms of the National Security Act of 1947, as
amended, without regard to the procedural requirements of this regulation or
any other provisions of law. Except as provided by this regulation and AR 13-
5, the termination of an Agency employee is not subject to appeal under the
provisions of any regulation, document, or law. Notice is hereby given that
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nothing in this regulation or in any other regulation, document, or law shall be
construed as creating for any employee any property or other interests or
privileges in his or her employment.
d. CIRCUMSTANCES FOR TERMINATION OF EMPLOYMENT
(1) TERMINATION FOR FAILURE TO COMPLETE TRIAL
PERIOD SATISFACTORILY. Any employee determined to be
unsuitable for Agency employment during the trial period may be
terminated from the Agency. (See AR 20-24)
(2) TERMINATION PRIOR TO EXPIRATION OF CONTRACT.
For contract employees, the term clause of the contract relating to
termination of employment prior to the expiration of the contract will
govern termination. However, nothing in the contract shall be construed
to prevent the C/SC or designee from suspending or revoking a contract
employee's access to classified information at any time.
(3) TERMINATION FOR FAILURE TO MEET THE WORK AND
EFFICIENCY REQUIREMENTS OF THE AGENCY. Any
employee who fails to meet Career Service work and efficiency
requirements or to perform assigned duties adequately may be
terminated from the Career Service and the Agency.
(4) TERMINATION FOR FAILURE TO MEET SECURITY
STANDARDS. Any employee who fails to meet the Agency's security
standards may be terminated from the Agency. Any determination that
an employee fails to meet security standards may be appealed only
pursuant to the provisions of AR 10-16.
(5) TERMINATION FOR FAILURE TO MEET MEDICAL
STANDARDS. Any employee who fails to meet the Agency's medical
standards may be terminated from the Agency.
(6) TERMINATION FOR FAILURE TO MEET AGENCY
STANDARDS OF CONDUCT. The Agency standards of employee
conduct are set forth in AR 13-1, Standards of Conduct; AR 13-2,
Conflict of Interest, Lack of Impartiality, and so forth. An employee may
have his or her employment terminated for failure to meet these
standards.
(7) TERMINATION FOR ABANDONMENT OF POSITION. Any
employee who fails to report for scheduled duty for more than ten
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consecutive workdays without being on approved leave may be
terminated from employment for abandonment of position.
(8) TERMINATION UPON DETERMINATION OF LEGAL
INCOMPETENCE. An employee who is declared by a court of
competent jurisdiction to be mentally incompetent may be terminated
from employment.
(9) TERMINATION OF EXCESS PERSONNEL. An employee who
is found to be excess to the needs of the Agency may be terminated from
employment. An employee may be determined to be excess to the needs
of the Agency if his or her Career Service has declared the employee
excess and a job search within the Agency is unsuccessful or is not
requested by the employee. The grounds for declaring an employee
excess to Career Service needs are:
(a) The Career Service is over strength overall or in a particular
grade or functional element.
(b) There is no longer a requirement in the Career Service for the
particular skills or qualifications possessed by the employee.
(c) There is a reduction or elimination of the functions of the
Career Service, thereby requiring a reduction in staff.
(10) TERMINATION PRIOR TO NOT-TO-EXCEED DATE OF
RESERVE APPOINTMENT. A Reserve Employee may be terminated
from employment prior to the not-to-exceed date of his or her
appointment if the employee's services are no longer needed, the
employee's performance has been inadequate, the employee is not
suitable for continued Agency employment, the employee's security
clearance has been revoked, or termination of employment otherwise is
deemed to be necessary or advisable in the interests of the United States.
(11) TERMINATION IN OTHER CIRCUMSTANCES. In addition
to the circumstances specified in paragraphs (1) through (10) above, an
employee may have his or her employment be terminated whenever the
DICTA, in his discretion, deems such termination necessary or advisable
in the interests of the United States.
e. PROCEDURES FOR TERMINATION OF EMPLOYMENT. Except as
noted in paragraphs(e)(1) � (e)(6) and paragraph (f) below, terminations
pursuant to this regulation shall be carried out in accordance with the
procedures set forth in AR 13-3 and AR 13-5. Notwithstanding any other
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provision of this regulation, all termination recommendations shall be routed
through the Office of General Counsel (OGC).
(1) PROCEDURES FOR TERMINATION PRIOR TO
EXPIRATION OF CONTRACT. For contract employees, the term
clause of the contract relating to termination of employment prior to the
expiration of the contract will govern termination. Directors or Heads of
Independent Offices who exercise operational control over contract
employees may terminate a contract. However, nothing in the contract
shall be construed to prevent the C/SC or designee from suspending or
revoking a contract employee's access to classified information at any
time. The PEB ordinarily will not be convened for separation of contract
employees.
(2) PROCEDURES FOR TERMINATION FOR ABANDONMENT
OF POSITION. If an employee fails to report for duty or to return from
leave, an effort will be made to determine the employee's intentions. If
the employee's intentions cannot be determined within 10 business days
or if it appears that the employee intentionally abandoned his or her
position, Chief, Human Resources may terminate the employee from the
Agency for abandonment of position. The termination will be effective
at close of business on the last day of active duty or of approved leave,
whichever is later. The PEB ordinarily will not be convened for
separation of employees who have abandoned their positions. Unless
security considerations dictate otherwise, the Special Activities Staff,
Security Center (SAS/SC) will mail notice of termination to the
employee's last known address. If security conditions preclude notice by
mail, other reasonable efforts to notify the employee will be undertaken.
If subsequent evidence indicates that the abandonment was not the
employee's fault, the employee will be reinstated by Chief, Human
Resources and paid appropriately as if the termination had not occurred.
(3) PROCEDURES FOR TERMINATION FOR LEGAL
INCOMPETENCE. Upon a judgment by a court of competent
jurisdiction that an employee is legally incompetent, Chief, Human
Resources may terminate the employee from the Agency unless the
employee is determined to be eligible for disability retirement. When a
decision is made to terminate employment due to legal incompetence,
SAS will notify the employee's legal guardian in writing about the action
to be taken. The PEB ordinarily will not be convened for separation of
employees who have been declared legally incompetent.
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(4) PROCEDURE FOR TERMINATION OF EXCESS
PERSONNEL
(a) In considering whether an employee is excess to the needs of a
Career Service, the Head of the Employee's Career Service will
take into consideration the current and anticipated requirements of
the Career Service for employees with certain qualifications,
skills, experience, training, and so forth. In any case involving an
employee with a disability who is unable to perform essential job
functions with or without reasonable accommodation, the decision
to declare the employee excess to the needs of the service must be
in accordance with the provisions of AR 9-4.
(b) If the head of a component determines that an employee is
excess to the needs of the component, both the Head of the Career
Service and the employee will be advised in writing. If the
employee wishes, the Career Service will make an effort to
arrange placement in another component within that Career
Service. If such efforts fail, the Career Service will declare the
employee excess to the needs of the Career Service and will notify
the employee, Chief, Human Resources, and C/SC, via SAS.
(c) A representative from SAS will then meet with the employee
and determine if the employee wishes placement elsewhere in the
Agency at the same or different grade. If the employee wishes
placement elsewhere in the Agency, SAS will broker an Agency-
wide placement effort. If the employee does not wish placement
elsewhere in the Agency or if placement efforts are unsuccessful
after a sufficient interval of time, SAS shall so notify Chief,
Human Resources in writing. Chief, Human Resources shall then
forward a recommendation to separate the employee to the
ADD/CIA for decision. The PEB ordinarily will not be convened
for separation of employees who have been determined to be
excess to the needs of the service.
(5) PROCEDURES FOR TERMINATION OF EMPLOYMENT OF
DNI/OSC ALIEN EMPLOYEES. The D/DNI/OSC has developed
procedures for the termination of DNI/OSC alien employees. These are
the only procedures for termination of DNI/OSC alien employees and
any change in these procedures must be reviewed by OGC prior to
adoption of the changes. These standard procedures shall not affect the
discretionary authority delegated to the D/DNI/OSC by paragraph b
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above to terminate the employment of DNI/OSC alien employees
without procedures.
(6) PROCEDURES FOR TERMINATION OF RESERVE
EMPLOYMENT PRIOR TO NOT-TO-EXCEED DATE OF THE
RESERVE APPOINTMENT. The employment of a Reserve Employee
may be terminated by Chief, Human Resources at any time prior to the
not-to-exceed date of the employee's appointment if Chief, Human
Resources determines that the employee's services are no longer needed,
the employee's performance has been inadequate, the employee is
unsuitable for continued Agency employment, the employee's security
clearance has been revoked, or Chief, Human Resources determines
termination is otherwise deemed necessary or advisable in the interests
of the United States. Before making such a determination, Chief, Human
Resources shall follow the procedures set forth in AR 13-3 and AR 13-5
except that the decision of Chief, Human Resources is final and not
appealable by the employee.
f. TERMINATION WITHOUT PROCEDURES. Pursuant to statutory
authority, any employee may be terminated from the Agency at any time
without regard to any procedural steps set forth in this regulation or elsewhere
when the DICTA, in his discretion, deems it necessary or advisable in the
interests of the United States. The decision by the DICTA to exercise this
authority is entirely discretionary. The DICTA need not provide to anyone the
reasons for exercising this authority, and a national security basis for the
exercise of this authority is not required. The existence or the exercise of this
discretionary authority by the D/CIA is:
(1) Not constricted, limited, affected, or otherwise controlled by any of
the procedures set forth in this regulation or any other regulation,
document, or law.
(2) In abrogation of the existence of any interests or privileges of any
employee in his or her employment which might otherwise be created or
established by this regulation or any other regulation, document, or law.
g. APPEAL OF TERMINATION DECISION
(1) Contract employees, reserve employees, and DNI/OSC alien
employees have no right of appeal.
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(2) When employment is being terminated because of revocation of
access to classified information, the procedures for all employees to
appeal the revocation decision shall be those set forth in AR 10-16.
(3) In all other cases, the termination decision may be appealed to the
ADD/CIA. SAS shall advise the employee that he/she has ten calendar
days from the date of receipt of the notification of the termination
decision to submit written comments to SAS. In cases where the
employee requests access to Agency regulations or other relevant
materials, the employee shall have ten calendar days from receipt of the
requested materials or notice that the materials will not be provided to
submit written comments to SAS. SAS shall make the employee's
written comments available to the ADD/CIA and notify the employee in
writing of the ADD/CIA's decision. In cases where the ADD/CIA is the
terminating authority, for example in cases where an employee is
declared excess to the needs of the service, the employee may appeal
directly to the D/CIA.
(4) Employees may appeal to the D/CIA in cases where the ADD/CIA
denies the initial appeal or where the ADD/CIA serves as the
terminating authority. The employee shall have ten calendar days from
receipt of the ADD/CIA's decision to submit written comments through
SAS to the D/CIA. The employee must prepare any classified written
comments to the ADD/CIA or to the D/CIA at a secure facility
designated by C/SC or designee. Upon receipt of an appeal, the D/CIA
will decide, in his discretion, whether to terminate the individual's
Agency employment pursuant to the D/CIA's statutory authority to do
so. SAS shall notify the employee in writing of the D/CIA's decision.
h. NO ADDITIONAL RIGHTS CONFERRED. Nothing in this or any other
Agency regulation or policy statement should be construed to create or confer
on any person or entity any right to administrative or judicial review of Agency
employment termination procedures, their implementation, or decisions or
actions rendered thereunder. Neither this nor any other Agency regulation or
policy statement creates or confers any right, benefit, or privilege, whether
substantive or procedural, for continued Agency employment. Finally, neither
this nor any other Agency regulation or policy statement creates or confers any
substantive or procedural right, benefit, or privilege enforceable by any party
against the Agency, any Agency instrumentality, or any Agency officer or
employee, or any other person acting for or on behalf of the Agency.
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i. OPPORTUNITY TO RESIGN: RESIGNATION IN LIEU OF
TERMINATION
(1) An employee may proffer a resignation at any time before the
meeting of an advisory board, as described in AR 13-3, or if no advisory
board meets, at any time before the decision of an appropriate official to
separate the employee. In such circumstances, the separation will be
recorded as a voluntary resignation unless the DICTA, DD/CIA,
ADD/CIA, C/SC, Chief, Human Resources or, for DNI/OSC alien
employees, D/DNI/OSC declines to accept the resignation. If a decision
is made not to accept a resignation, the DICTA, DD/CIA, ADD/CIA,
C/SC, Chief, Human Resources or D/DNI/OSC, as appropriate for the
category of employee, may terminate the individual's employment and
the employment termination will be recorded as an involuntary
separation.
(2) An employee who resigns after a decision has been made by DC/SC
to revoke the employee's access to classified information or a decision
has been made by Chief, Human Resources, with concurrence by the
Head of the employee's Career Service, to separate the employee for
non-security reasons will be considered to have resigned in lieu of
termination and the separation will be recorded as resignation in lieu of
termination. An employee who resigns in such circumstances shall be
ineligible for separation compensation under AR 20-32. However, a
resignation tendered and accepted as outlined above shall be deemed to
constitute an invo/untaryseparation solely for purposes of determining
whether the individual is eligible for a discontinued service retirement
annuity under the Civil Service Retirement System or the Federal
Employees Retirement System.
(3) Once a final decision is made to involuntarily separate the employee,
it will be recorded as an involuntary separation.
(4) The status of the employee's separation, that is, voluntary separation,
resignation in lieu of termination, or involuntary separation will be
described to state unemployment compensation authorities and/or private
sector employers who properly inquire.
(5) An employee who submits a resignation before final ADD/CIA,
DD/CIA, or D/CIA review of an appeal will be notified prior to formal
acceptance of the resignation that acceptance of the resignation will
terminate further processing of the appeal.
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(6) If, after a termination recommendation has been made, an employee
submits a resignation effective at a future date, C/SC or designee will
consult with appropriate officials and determine whether the interests of
the U.S. require continuation of procedures to effect an earlier
termination.
(7) C/SC, in his or her discretion and in accordance with applicable law,
may waive any of the provisions of paragraphs (1) through (6) above if
C/SC determines such a waiver or waivers would be beneficial to the
interests of the Agency.
j. DISCLOSURE OR DISSEMINATION OF REASONS FOR
TERMINATION OR RESIGNATION OF EMPLOYMENT
(1) Generally, the reasons for the termination or resignation of Agency
employment shall not be disseminated outside the Agency to any private
organization or Federal or other governmental body without the consent
of the employee. Absent such consent, and subject to the exceptions
noted below, responses to requests for information as to why an
individual's employment was terminated shall be limited to a statement
that the employment was terminated pursuant to statutory authority.
Nothing in this section (section j) shall limit the dissemination of:
(a) Intelligence or counterintelligence information;
(b) Information relevant to lawful personnel, physical, or
communications security investigation or proceeding or a hiring,
licensing, or similar decision by another Federal agency;
(c) Information pursuant to a prior written acknowledgment of the
employee that the information may be disclosed to other Federal,
state, or local government agencies for investigative,
administrative, or legal action;
(d) Information concerning possible violation of Federal criminal
law, as required by section 1.7(a) of Executive Order 12333 and/or
28 U.S.C. Sec. 535; and/or
(e) Information necessary to protect an individual's life or physical
safety or the public health or safety.
(2) The D/CIA, DD/CIA, ADD/CIA, C/SC, or DC/SC in each official's
discretion, may waive the provisions of this section (section j) and
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authorize a disclosure that otherwise would not be permitted under this
regulation, provided that the disclosure is permissible under the Privacy
Act of 1974, as amended (5 U.S.C. 552a), the Agency's Privacy Act
regulations, and Executive Order 12333 and the implementing
procedures for that order.
(3) This regulation does not require the D/CIA to disclose the reasons for
termination of employment if, in the exercise of his discretion under law,
he decides not to do so.
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