Cla**ification: UNCLASSIFIED//FOR OFFICIAL USE ONLY From: ejsnowd@nsa.ic.gov 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 Policies I'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 My understanding is that EOs may be superseded by federal statute, but EOs may not override statute.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