Email Inquiry

Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY

From: [email protected]
Sent: Friday, April 05, 2013 4:11 PM
To: DL gc_web (Alias) D2
Subject: Comments from the D2 General Counsel Email Us Form

Hello, I have a question regarding the mandatory USSID 18 training.

The training states the following:

(U) The Hierarchy of Governing Authorities and Documents is displayed from the highest authority to the lowest authority as follows:

U.S. Consitution
Federal Statutes/Presidential Executive Orders (EO)
Department of Defense (DoD) and Office of the Director of National Intelligence (ODNI) Regulations
NSA/CSS Directives and Policies
USSIDs
SID Management Directives and Policies
Office PoliciesI'm not entirely certain, but this does not seem correct, as it seems to imply Executive Orders have the same precedence as as law. My understanding is that EOs may be superseded by federal statute, but EOs may not override statute. Am I incorrect in this? Between EOs and laws, which have precedence?

Similarly, between DoD and ODNI regulations, which has greater precedence?

Could you please clarify?

Thank you very much,

Ed

From: [Redacted]
Sent: Monday, April 08, 2013 1:37 PM
To: Snowden Edward J NSA-FHV USA CTR
CC: [Redacted]
Subject: RE: (U) Question for OGC re OVSC1800 Course Content - (U) FW: Comments from the D2 General Counsel Email Us Form

Hello Ed,

Executive Orders (E.O.s) have the "force and effect of law." That said, you are correct that E.O.s cannot override a statute.

In general, DOD and ODNI regulations are afforded similar precedence though subject matter or date could result in one having precedence over another.

Please give me a call if you would like to discuss further.

Regards,

[Redacted]

[Redacted]
Office of General Counsel/D21