Does that mean that the statutory safeguards afforded to whistle blowers are waived?
Assuming the whistle blower violated 18 U.S. Code § 1001, then yes. A violation of 18 U.S. Code § 1001, when making a whistle blower complaint, effectively waives (or, better, voids) whistler blower protection because the complaint would have not been in accordance with applicable provisions of law (5 U.S. Code § 2302 (b)(9)(C)).
And if so, which body so determines?
The Inspector General of the Intelligence Community must first determine that 18 U.S. Code § 1001 has been violated, or so likely to have been, that a referral to the Department of Justice is required. (Government officials are required to report felonies; not mistakes.)
50 U.S. Code § 3033.Inspector General of the Intelligence Community
(3)The Inspector General is authorized to receive and investigate, pursuant to subsection (h), complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the intelligence community—
(A)the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken, ...
18 U.S. Code § 1001.Statements or entries generally
(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)makes any materially false, fictitious, or fraudulent statement or representation; or
(3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
5 U.S. Code § 1221.Individual right of action in certain reprisal cases
(a)Subject to the provisions of subsection (b) of this section and subsection 1214(a)(3), an employee, former employee, or applicant for employment may, with respect to any personnel action taken, or proposed to be taken, against such employee, former employee, or applicant for employment, as a result of a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), seek corrective action from the Merit Systems Protection Board.
5 U.S. Code § 2302.Prohibited personnel practices
(b)Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—
(9)take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—
(C)cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law;