Is this the part of the EO 12958 that Bush/Cheney claim allows them exemption from oversight?

Executive Order
Further Amendment to Executive Order 12958,
As Amended, Classified National Security Information

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Sec. 3.5. Mandatory Declassification Review. (a) Except as provided in paragraph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:

(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;

(2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403-5c, 403-5e, and 431); and

(3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requesters appeal rights.

(b) Information originated by:

(1) the incumbent President or, in the performance of executive duties, the incumbent Vice President;

(2) the incumbent Presidents White House Staff or, in the performance of executive duties, the incumbent Vice Presidents Staff;

(3) committees, commissions, or boards appointed by the incumbent President; or

(4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivists decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal.

(c) Agencies conducting a mandatory review for declassification shall declassify information that no longer meets the standards for classification under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law.

(d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classified under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel.

(e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives.

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... Fox anchor Brit Hume brought up a controversy arising from the CIA-leak case, in which prosecutor Patrick Fitzgerald said in court papers that former top Cheney aide Lewis Libby testified he had been authorized "by his superiors" to disclose information about the classified National Intelligence Estimate to members of the press. "Is it your view that a Vice President has the authority to declassify information?" Hume asked. "There is an executive order to that effect," Cheney said.

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Cheney was referring to Executive Order 13292, issued by President Bush on March 25, 2003, which dealt with the handling of classified material. That order was not an entirely new document but was, instead, an amendment to an earlier Executive Order, number 12958, issued by President Bill Clinton on April 17, 1995.

At the time, Bush's order received very little coverage in the press. What mention there was focused on the order's provisions making it easier for the government to keep classified documents under wraps. But as Cheney pointed out Wednesday, the Bush order also contained a number of provisions which significantly increased the vice president's power.

Throughout Executive Order 13292, there are changes to the original Clinton order which, in effect, give the vice president the power of the president in dealing with classified material. ...

Classification Authority.
(a) The authority to classify information originally may be exercised only by:
(1) the President;
(2) agency heads and officials designated by the President in the Federal Register...

In the Bush order, that section was changed to this (emphasis added):

Classification Authority.
(a) The authority to classify information originally may be exercised only by:
(1) the President and, in the performance of executive duties, the Vice President;
(2) agency heads and officials designated by the President in the Federal Register...

In another part of the original Clinton order, there was a segment dealing with who was authorized to delegate the authority to classify material. In the Clinton order, the passage read:

(2) "Top Secret" original classification authority may be delegated only by the President or by an agency head or official designated...
(3) "Secret" or "Confidential" original classification authority may be delegated only by the President; an agency head or official designated...

In the Bush order, that segment was changed to read (emphasis added):

(2) "Top Secret" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated...
(3) "Secret" or "Confidential" original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated...

Both executive orders contained extension sections defining the terms used in the order. One of those terms was "original classification authority," that is, who in the government has the power to classify documents. In the Clinton order, the definition read:

"Original classification authority" means an individual authorized in writing, either by the President, or by agency heads or other officials designated by the President...

In the Bush executive order, the definition was changed to read (emphasis added):

"Original classification authority" means an individual authorized in writing, either by the President, the Vice President in the performance of executive duties, or by agency heads or other officials designated by the President...

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Sec. 2001.80 Statistical reporting <5.2(b)(4)>.

Each agency that creates or handles classified information shall report annually to the Director of ISOO statistics related to its security classification program. The Director will instruct agencies what data elements are required, and how and when they are to be reported.

Fratto conceded that the lengthy directive, technically an amendment to an existing executive order, does not specifically exempt the president's office or the vice president's office from the requirements. Instead, it refers to "agencies" as being subject to the requirements, which Fratto said did not include the two executive offices. "It does take a little bit of inference," Fratto said....

Part 6. General Provisions

Sec. 6.1. Definitions.

For purposes of this order:

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(b) “Agency” means any “Executive agency,” as defined in 5 U.S.C. 105; any “Military department” as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

TITLE 5 > PART I > CHAPTER 1 > § 105

§ 105. Executive agency


For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

TITLE 5 > PART I > CHAPTER 1 > § 101

§ 101. Executive departments

The Executive departments are:
The Department of State.
The Department of the Treasury.
The Department of Defense.
The Department of Justice.
The Department of the Interior.
The Department of Agriculture.
The Department of Commerce.
The Department of Labor.
The Department of Housing and Urban Development.
The Department of Transportation.
The Department of Energy.
The Department of Education.
The Department of Veterans Affairs.

TITLE 5 > PART I > CHAPTER 1 > § 103

§ 103. Government corporation

For the purpose of this title—
(1) “Government corporation” means a corporation owned or controlled by the Government of the United States; and
(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.

TITLE 5 > PART I > CHAPTER 1 > § 104

§ 104. Independent establishment

For the purpose of this title, “independent establishment” means—
(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and
(2) the Government Accountability Office.