http://www.whitehouse.gov/our-government/executive-branch
EXERPT:

The Executive Branch

The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet. The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise.

http://blogs.abcnews.com/theblotter/2007/06/cheney-power-gr.html
EXCERPT:

Cheney Power Grab: Says White House Rules Don't Apply to Him

June 21, 2007 12:57 PM

Vice President Dick Cheney has asserted his office is not a part of the executive branch of the U.S. government, and therefore not bound by a presidential order governing the protection of classified information by government agencies, according to a new letter from Rep. Henry Waxman, D-Calif., to Cheney.
Bill Leonard, head of the government's Information Security Oversight Office (ISOO), told Waxman's staff that Cheney's office has refused to provide his staff with details regarding classified documents or submit to a routine inspection as required by presidential order, according to Waxman.
In pointed letters released today by Waxman, ISOO's Leonard twice questioned Cheney's office on its assertion it was exempt from the rules. He received no reply, but the vice president later tried to get rid of Leonard's office entirely, according to Waxman.
Leonard did not immediately respond to requests for comment.
In a statement e-mailed to the Blotter on ABCNews.com, Cheney spokeswoman Megan McGinn said, "We are confident that we are conducting the office properly under the law.”
As director of the tiny, 25-person Information Security Oversight Office, Leonard is responsible for keeping track of the nation's secrets and making sure they are properly protected.
For the first two years of the George W. Bush administration, Cheney's office complied with a presidential order that requires officials to report statistics on the number of documents it classifies and declassifies.
Since 2003, however, Cheney's office has refused to submit the data to ISOO. And when ISOO inspectors tried in 2004 to schedule a routine inspection of the vice president's offices, they were rebuffed, Waxman's letter claims.
Other White House offices, including the National Security Council, did not object to similar inspections, according to Waxman.
"Serious questions can be raised about both the legality and advisability of exempting your office from the rules that apply to all other executive branch officials," Waxman said in his letter to the vice president, and asked him to explain why he felt the rules didn't apply to him and his staff and how he was protecting classified information in his office.
Former Cheney aide I. Lewis "Scooter" Libby was recently convicted on several counts of perjury and obstruction of justice stemming from the leak of the identity of former covert CIA officer Valerie Plame, Waxman noted, and in 2006, former Cheney aide Leandro Aragoncillo pleaded guilty to sharing classified U.S. documents with foreign nationals. Aragoncillo also worked under former Democratic Vice President Al Gore, who complied with ISOO's requests.

http://www.washingtonpost.com/wp-dyn/content/article/2007/06/22/AR2007062201809.html

White House Defends Cheney's Refusal of Oversight

By Peter Baker

Washington Post Staff Writer
Saturday, June 23, 2007

The White House defended Vice President Cheney yesterday in a dispute over his office's refusal to comply with an executive order regulating the handling of classified information as Democrats and other critics assailed him for disregarding rules that others follow.

White House spokeswoman Dana Perino said Cheney is not obligated to submit to oversight by an office that safeguards classified information, as other members and parts of the executive branch are. Cheney's office has contended that it does not have to comply because the vice president serves as president of the Senate, which means that his office is not an "entity within the executive branch."
"This is a little bit of a nonissue," Perino said at a briefing dominated by the issue. Cheney is not subject to the executive order, she said, "because the president gets to decide whether or not he should be treated separately, and he's decided that he should."

Democratic critics said Cheney is distorting the plain meaning of the executive order. "Vice President Cheney is expanding the administration's policy on torture to include tortured logic," said Senate Majority Whip Richard J. Durbin (D-Ill.). "In the end, neither Mr. Cheney or his staff is above the law or the Constitution."

 

The dispute stems from an executive order, issued in 1995 by President Bill Clinton and revised by President Bush in 2003, establishing a uniform, government-wide system for protecting classified information. Cheney's office, like its predecessor, filed reports about its handling of classified information to the National Archives and Records Administration oversight office in 2001 and 2002 but has refused to do so since. His office also blocked an on-site inspection to examine its handling of classified data.

The Archives' Information Security Oversight Office sent two letters to Cheney requesting compliance but never received a response. The office then asked Attorney General Alberto R. Gonzales in January to decide whether Cheney was violating the executive order, but he has not responded either. Instead, according to Rep. Henry A. Waxman (D-Calif.), Cheney's staff tried to get the oversight office abolished this year.

Perino said the president does not think the office should be eliminated, "and I don't think that anyone has suggested that." Cheney spokeswoman Lea Anne McBride would not comment on the record yesterday about whether the office targeted the oversight office or why Cheney's staff complied with the order in 2001 and 2002 and then decided not to in 2003.
The argument that Cheney's office is not part of the executive branch prompted ridicule by many administration critics. Citizens for Responsibility and Ethics in Washington, a group that has been highly critical of the White House, suggested that Cheney is "attempting to create a fourth branch of the government." If he is not governed by executive branch security requirements, the group asked if he is covered by Senate rules.

Rep. Rahm Emanuel (D-Ill.) said he plans to propose next week, as part of a spending bill for executive operations, a measure to place a hold on funds for Cheney's office and official home until he clarifies to which branch of the government he belongs. Emanuel acknowledged that the proposal is just a stunt, but he said that if Cheney is not part of the executive branch, he should not receive its funds. "As we say in Chicago, follow the money," he said.

Staff writer Shailagh Murray contributed to this report.