THE WHITE HOUSE 

WASHINGTON 

October 10, 2012 

PRESIDENTIAL POLICY DIRECTIVE/PPD-19 

MEMORANDUM FOR 

SUBJECT: 

THE VICE PRESIDENT 

THE SECRETARY OF STATE 

THE SECRETARY OF THE TREASURY 

THE SECRETARY OF DEFENSE 

THE ATTORNEY GENERAL 

THE SECRETARY OF COMMERCE 

THE SECRETARY OF ENERGY 

THE SECRETARY OF HOMELAND SECURITY 

ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF 

DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 

UNITED STATES TRADE REPRESENTATIVE 

REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO 

THE UNITED NATIONS 

CHAIR OF THE COUNCIL OF ECONOMIC ADVISERS 

ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY 

AFFAIRS 

DIRECTOR OF NATIONAL INTELLIGENCE 

DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY 

ASSISTANT TO THE PRESIDENT FOR ECONOMIC POLICY 

AND DIRECTOR OF THE NATIONAL ECONOMIC COUNCIL 

DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY 

POLICY 

CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

Protecting Whistleblowers with Access to 

Classified Information 

This Presidential Policy Directive ensures that employees 

(1) serving in the Intelligence Community or (2) who are 

eligible for access to classified information can effectively 

report waste, fraud, and abuse while protecting classified 

national security information. It prohibits retaliation against 

employees for reporting waste, fraud, and abuse. 

To ensure the timely and effective implementation of the goals 

of this directive, I hereby direct that the following actions be 

taken: 
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A. Prohibition on Retaliation in the Intelligence Community 

Any officer or employee of a Covered Agency who has authority to 

take, direct others to take, recommend, or approve any Personnel 

Action, shall not, with respect to such authority, take or fail 

to take, or threaten to take or fail to take, a Personnel Action 

with respect to any employee serving in an Intelligence 

Community Element as a reprisal for a Protected Disclosure. 

Within 270 days of the date of this directive, the head of each 

Intelligence Community Element shall certify to the Director of 

National Intelligence (DNI) that the personnel policies that 

apply to that element provide a process for employees to seek 

review of Personnel Actions they allege to be in violation of 

this directive and that the review process is consistent with 

the requirements of this directive. Such review process shall 

apply to Personnel Actions that arise after the date on which 

the department or agency ("agency") head certifies the agency 

review process. If the head of any Intelligence Community 

Element fails to make this certification or if the DNI disagrees 

with the certification, the DNI shall notify the President. 

The review process required by the above paragraph shall be 

consistent, to the fullest extent possible, with the policies 

and procedures used to adjudicate alleged violations of 

section 2302(b) (8) of title 5, United States Code. The review 

process shall provide for the protection of classified national 

security information and intelligence sources and methods. As 

part of the review process, the agency Inspector General shall 

conduct a review to determine whether a Personnel Action 

violated this directive and may recommend that the agency take 

specific corrective action to return the employee, as nearly as 

practicable and reasonable, to the position such employee would 

have held had the reprisal not occurred. An agency head shall 

carefully consider the findings of and actions recommended by 

the agency Inspector General. To the extent authorized by law 

(including the Back Pay Act), corrective action may include, but 

is not limited to, reinstatement, reassignment, the award of 

reasonable attorney's fees, other reasonable costs, back pay and 

related benefits, travel expenses, and compensatory damages. 

B. Prohibition on Retaliation by Affecting Eligibility for 

Access to Classified Information 

Any officer or employee of an executive branch agency who has 

authority to take, direct others to take, recommend, or approve 

any action affecting an employee's Eligibility for Access to 
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Classified Information shall not, with respect to such 

authority, take or fail to take, or threaten to take or fail to 

take, any action affecting an employee's Eligibility for Access 

to Classified Information as a reprisal for a Protected 

Disclosure. 

Within 270 days of the date of this directive, the head of each 

agency in possession of classified information shall certify to 

the DNI, acting in his or her capacity as the head of the entity 

selected by the President under subsection 435b(b) of title 50, 

United States Code, and as the Security Executive Agent 

designated in Executive Order 13467 of June 30, 2008, that the 

agency has a review process that permits employees to appeal 

actions affecting Eligibility for Access to Classified 

Information they allege to be in violation of this directive and 

that the review process is consistent with the requirements of 

this directive. Such review process shall apply to actions that 

arise after the date on which the agency head certifies the 

agency review process. If the head of any agency fails to make 

this certification or if the DNI disagrees with the 

certification, the DNI shall notify the President. 

The review process required by the above paragraph shall, to the 

fullest extent possible, be consistent with and integrated into 

the policies and procedures used to review security clearance 

determinations under Section 5.2 of Executive Order 12968 of 

August 2, 1995, as amended. The review process shall provide 

for the protection of classified national security information 

and intelligence sources and methods. As part of the review 

process, the agency Inspector General shall conduct a review to 

determine whether an action affecting Eligibility for Access to 

Classified Information violated this directive and may recommend 

that the agency reconsider the employee's Eligibility for Access 

to Classified Information consistent with the national security 

and with Executive Order 12968 and recommend that the agency 

take other corrective action to return the employee, as nearly 

as practicable and reasonable, to the position such employee 

would have held had the reprisal not occurred. An agency head 

shall carefully consider the findings of and actions recommended 

by the agency Inspector General. To the extent authorized by 

law (including the Back Pay Act), corrective action may include, 

but is not limited to, reinstatement, reassignment, reasonable 

attorney's fees, other reasonable costs, back pay and related 

benefits, travel expenses, and compensatory damages. 
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C. Inspector General External Review Panel 

An employee alleging a reprisal who has exhausted the applicable 

review process required by Section A or B of this directive may 

request an external review by a three-member Inspector General 

panel (External Review Panel) chaired by the Inspector General 

of the Intelligence Community (on behalf of the DNI, acting in 

his capacity as the head of the entity selected by the President 

under subsection 435b(b) of title 50, United States Code, and as 

the Security Executive Agent designated in Executive Order 13467 

of June 30, 2008). If such a request is made, the Inspector 

General of the Intelligence Community shall decide, in his or 

her discretion, whether to convene the External Review Panel, 

and, if so, shall designate two other panel members from the 

Inspectors General of the following agencies: Departments of 

State, the Treasury, Defense, Justice, Energy, and Homeland 

Security and Central Intelligence Agency. The Inspector General 

from the agency that completed the initial review shall not be a 

member of the External Review Panel. The External Review Panel 

shall complete a review of the claim, which may consist of a 

file review, as appropriate, within 180 days. 

If the External Review Panel determines that the individual was 

the subject of a Personnel Action prohibited by Section A while 

an employee of a Covered Agency or an action affecting his or 

her Eligibility for Access to Classified Information prohibited 

by Section B, the panel may recommend that the agency head take 

corrective action to return the employee, as nearly as 

practicable and reasonable, to the position such employee would 

have held had the reprisal not occurred and that the agency head 

reconsider the employee's Eligibility for Acc·ess to Classified 

Information consistent with the national security and with 

Executive Order 12968. 

An agency head shall carefully consider the recommendation of 

the External Review Panel pursuant to the above paragraph and 

within 90 days, inform the panel and the DNI of what action he 

or she has taken. If the head of any agency fails to so inform 

the DNI, the DNI shall notify the President. 

On an annual basis, the Inspector General of the Intelligence 

Community shall report the determinations and recommendations 

and department and agency head responses to the DNI and, as 

appropriate, to the relevant congressional committees. 

With respect to matters covered by this directive, all agencies 

shall cooperate with their respective agency Inspectors General, 
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the Inspector General of the Intelligence Community, and 

External Review Panels and provide such information and 

assistance to their respective agency Inspectors General, the 

Inspector General of the Intelligence Community, and members of 

External Review Panels as such Inspectors General may request, 

to the extent permitted by law. 

D. Policies and Procedures 

Within 365 days of the date of this directive, the DNI shall, in 

consultation with the Secretary of Defense, the Attorney 

General, and the heads of agencies containing Intelligence 

Community Elements, issue policies and procedures for ensuring 

that all employees serving in Intelligence Community Elements 

are aware of the protections and review processes available to 

individuals who make Protected Disclosures. These policies and 

procedures shall to the extent practicable be publically 

available, and shall provide: 

(1) ·guidance for individual officers or employees regarding 

what disclosures are protected; 

(2) guidance for potential recipients on the appropriate 

handling of Protected Disclosures, including for referral 

by the DNI or Inspector General of the Intelligence 

Community to appropriate agency officials of any Protected 

Disclosures unrelated to national intelligence; and 

(3) information regarding the review processes required by 

Sections A, B, and C of this directive. 

E. Review of Regulations Implementing Section 2303 of Title 5, 

United States Code 

Within 180 days of the date of this directive, the Attorney 

General, in consultation with the Special Counsel and Federal 

Bureau of Investigation employees, shall deliver a report to the 

President that assesses the efficacy of the provisions contained 

in part 27 of title 28, Code of Federal Regulations in deterring 

the personnel practices prohibited in section 2303 of title 5, 

United States Code, and ensuring appropriate enforcement of that 

section, and describes any proposed revisions to the provisions 

contained in Part 27 of title 28 that would increase their 

effectiveness in fulfilling the purposes of section 2303 of 

title 5, United States Code. 
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F. Definitions 

For purposes of this directive: 

(1) The term "Covered Agency" means an executive department or 

independent establishment, as defined under sections 101 

and 104 of title 5, United States Code, that contains or 

constitutes an Intelligence Community Element, as defined 

below. 

(2) The term "Eligibility for Access to Classified Information• 

means the result of the determination whether an employee 

(a) is eligible for access to classified information in 

accordance with Executive Order 12968 (relating to access 

to classified information), or any successor thereto, and 

Executive Order 10865 of February 20, 1960, as amended 

(relating to safeguarding classified information with 

industry), or any successor thereto; and (b) possesses a 

need to know under such orders. 

(3) The term "Intelligence Community Element• means any 

executive agency or unit thereof determined by the 

President under section 2302 (a) (2) (C) (ii) of title 5, 

United States Code, to have as its principal function the 

conduct of foreign intelligence or counterintelligence 

activities, including but not limited to the Office of the 

DNI, the Central Intelligence Agency, the National Security 

Agency, the Defense Intelligence Agency, the National 

Geospatial-Intelligence Agency, and the National 

Reconnaissance Office. For purposes of this directive, the 

term "Intelligence Community Element" does not include the 

Federal Bureau of Investigation. 

(4) The term "Personnel Action• means an appointment, 

promotion, detail, transfer, reassignment, demotion, 

suspension, termination, reinstatement, restoration, 

reemployment, or performance evaluation; a decision 

concerning pay, benefits, or awards; a decision concerning 

education or training if the education or training may 

reasonably be expected to lead to an appointment, 

reassignment, promotion, or performance evaluation; a 

decision to order psychiatric testing or examination; and 

any other significant change in duties, responsibilities, 

or working conditions. 

The term "Personnel Action• does not include the termination of an 

employee pursuant to section 1609 of title 10, United States Code. 
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The term "Personnel Action" does not include the termination of an 

employee pursuant to section 102A(m) of the National Security Act 

of 1947, section 104A(e) of the National Security Act of 1947, or 

section 7532 of title 5, United States Code, so long as the 

official authorized by those provisions to terminate the employee 

(and not his or her de1egee) (i) determines that the alternative 

legal procedures to terminate the employee cannot be invoked in a 

manner consistent with the national security and (ii) promptly 

notifies the Inspector General of the employing agency. The term 

"Personnel Action" does not include actions taken with respect to 

a position that the agency head has designated, prior to the 

action as being of a confidential, policy determining, 

policymaking, or policy advocating character. The term "Personnel 

Action" does not include actions taken with respect to a member of 

the Armed Forces, as used in section 1034 of Title 10, 

United States Code. The term "Personnel Action" does not include 

any actions taken prior to the issuance of this directive. 

(5) The term "Protected Disclosure" means: 

(a) a disclosure of information by the employee to a 

supervisor in the employee's direct chain of command 

up to and including the head of the employing agency, 

to the Inspector General of the employing agency or 

Intelligence Community Element, to the Director of 

National Intelligence, to the Inspector General of the 

Intelligence Community, or to an employee designated 

by any of the above officials for the purpose of 

receiving such disclosures, that the employee 

reasonably believes evidences {i) a violation of any 

law, rule, or regulation; or (ii) gross mismanagement, 

a gross waste of funds, an abuse of authority, or a 

substantial and specific danger to public health or 

safety; 

(b) any communication described by and that complies with 

subsection (a) (1), (d), or (h) of section BH of the 

Inspector General Act of 1978 (5 U.S.C. App.); 

subsection (d) (5) (A) of section 17 of the Central 

Intelligence Agency Act of 1949 (50 U.S.C. 403q); or 

subsection (k) (5) (A), (D), or (G), of section 103H of 

the National Security Act of 1947 (50 U.S.C. 403-3h); 

(c) the exercise of any appeal, complaint, or grievance 

with regard to the violation of Section A or B of this 

directive; 
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(d) lawfully participating in an investigation or 

proceeding regarding a violation of Section A or B of 

this directive; or 

(e) cooperating with or disclosing information to an 

Inspector General, in accordance with applicable 

provisions of law in connection with an audit, 

inspection, or investigation conducted by the 

Inspector General, 

if the actions described under subparagraphs (c) through (e) do 

not result in the employee disclosing classified information or 

other information contrary to law. 

G. General Provisions 

This directive shall be implemented in a manner consistent with 

applicable law, including all statutory authorities of the heads 

of agencies and Inspectors General, and does not restrict 

available rights, procedures, and remedies under section 2302(b) 

of Title 5, United States Code. 

This directive is not intended to, and does not, create any 

right or benefit, substantive or procedural, enforceable at law 

or in equity by any party against the United States, its 

departments, agencies, or entities, its officers, employees, or 

agents, or any other person.