Overview
This section clarifies that whistleblower protection statutes do not grant government contractors or their employees the authority to disclose classified information unless such disclosure is specifically permitted by other existing laws.
Key Rules
- Limit on Statutory Scope: 41 U.S.C. 4712 (which protects contractor employees from reprisal) is explicitly prohibited from being interpreted as a legal basis for bypassing classified information protocols.
- Authorization Requirement: Any disclosure of classified information by a whistleblower must be handled through specifically authorized legal channels (such as to an Inspector General or through procedures established by the Intelligence Community Whistleblower Protection Act).
Practical Implications
- Security Protocol Adherence: Contractors must ensure their employees understand that reporting waste, fraud, or abuse does not provide a "blank check" to ignore classification markings or security clearances.
- Risk Management: Unauthorized disclosure of classified information, even if intended as a whistleblower activity, can still lead to criminal prosecution and the revocation of security clearances because FAR 3.902 maintains the supremacy of national security laws.