On June 21, the House Committee on Oversight and Government Reform

Executive Order 12958, which was reaffirmed and amended by President Bush in 2003, requires the National Archives to issue uniform procedures for the classification, declassification and safeguarding of information. The order gave the Information Security Oversight Office (ISOO) at the National Archives the authority to ensure compliance with the requirements by requesting information on classification and declassification activities. This information is then included in an annual ISOO report for the president.

Between the initial release of E.O. 12958 in 1995 and 2002, the OVP annually submitted information to ISOO and operated in compliance with the order. Since 2002, however, Cheney has failed to submit information on classification and declassification activities to ISOO and has refused to recognize its authority. Despite repeated attempts by the director of ISOO to require compliance, the OVP has maintained that it is not an entity of the executive branch. According to William J. Leonard, Director of ISOO, because of its dual legislative and executive functions, the OVP "does not consider itself an 'entity within the executive branch that comes into the possession of classified information.'"

In a Jan. 9 letter to Attorney General Alberto Gonzales, Leonard states that this is an inappropriate and inconsistent understanding of the executive order. First, it is inconsistent in that annual reports were submitted to ISOO until 2002. Second, the OVP's interpretation violates the plain reading of the text of the order. Third, it would have negative policy implications for the authority of the OVP. "I am concerned that this could impede access to classified information by OVP staff," states Leonard, "in that such access would be considered a disclosure outside the executive branch."

The House Committee on Oversight and Government Reform has learned, however, that the OVP has attempted at different times to revise the order to exempt itself from ISOO's authority or to abolish ISOO entirely. "According to Mr. Leonard, your office urged the inter-agency committee considering revisions to the executive order to abolish the Information Security Oversight Office which he heads," stated Rep. Henry Waxman (D-CA), chairman of the House Committee on Oversight and Government Reform, in a June 21 letter to Cheney. "Mr. Leonard said that your office also proposed a change to the definitions in the executive order that would exempt the Office of the Vice President from oversight."

White House spokeswoman Dana Perino reaffirmed the OVP's position that it is not subject to the executive order, but also stated that the president does not believe that ISOO should be eliminated and that no one has suggested doing so.

ISOO referred the matter to Gonzales in January, requesting clarification of ISOO's authority and whether or not the OVP is an entity of the executive branch and subject to the requirements of the executive order, but Gonzales has not responded. A Justice Department spokesman states that the matter is currently under review.