S. Hrg. 105-729: Disclosure of Classified Information to Congress: Hearings before the Select Committee on Intelligence of the United States Senate, One Hundred Fifth Congress, Second Session, February 4, and 11, 1998 [open pdf - 333KB]
From the opening statement of Richard Shelby: "The Committee meets today to examine an issue that goes to the very core of our mission, namely vigilant oversight of the intelligence activities and programs of the United States Government. The issue before us is whether the Congress and the President share constitutional authority over the regulation of classified information. While the Constitution grants the President, as Commander-in-Chief, the authority to regulate classified information, this grant of authority is by no means exclusive. Last year we wrote a new chapter in this legislative history by reporting an Authorization Bill that included a key provision. Section 306 directed the President to inform Executive branch employees that they may disclose information, including classified information, to Congress that is relevant to fraud, mismanagement, or misconduct, within the Executive branch. Our primary purpose in pursuing this legislation is to ensure that this Committee retains its ability to rigorously oversee the intelligence activities of the United States Government on behalf of the people." Statements, letters, and material submitted for the record include those of the following: Louis Fisher, Carl Levin, Peter Raven-Hansen, Pat Roberts, Richard C. Shelby, J. Robert Kerrey, and Randolph D. Moss.
S. Hrg. 105-729; Senate Hearing 105-729