Presidential finding

In the United States, a presidential finding,[note 1] more formally known as a Memorandum of Notification (MON),[1] is a presidential directive required by statute to be delivered to certain Congressional committees to justify the commencement of covert operations by the Central Intelligence Agency (CIA).

History

Current use of the presidential finding stems from the so-called Hughes–Ryan Amendment to the Foreign Assistance Act of 1974, which prohibited the expenditure of appropriated funds by or on behalf of the CIA for intelligence activities "unless and until the President finds that each such operation is important to the national security of the United States and reports, in a timely fashion, a description and scope of such operation to the appropriate committees of Congress" (section 662). This was intended to ensure that clear responsibility for such action was attributable to the President and that Congress was always made aware of such activities. Due to the sensitivity of their content, presidential findings are almost always classified.

The most recent change to exercise of findings occurred in the Intelligence Authorization Act of 1991, which introduced increased flexibility in the reporting requirement: findings are to be "reported to the intelligence committees as soon as possible" after being approved "and before the initiation of the covert action authorized by the finding." As such, presidential findings are one of the primary means through which the intelligence committees exercise their oversight of the government's intelligence operations. However, the Intelligence Authorization Act allows the President to proceed without notifying Congress if he notifies them afterwards "in a timely fashion."[2][3]

Notes
  1. The term presidential finding also has an earlier usage from the Agricultural Trade Development and Assistance Act of 1954, in which the findings indicated that certain conditions of that act had been satisfied and, therefore, sales of agricultural commodities could proceed. Such findings were published in the Federal Register and the CFR Title 3 compilations. This article only encompasses the modern usage.

References
  1. Prados, John (2006). Safe for Democracy: The Secret Wars of the CIA. Ivan R. Dee. p. 456. ISBN 9781615780112.
  2. "A Review of Congressional Oversight — Central Intelligence Agency". www.cia.gov. Archived from the original on June 13, 2007. Retrieved 2016-09-12.
  3. "S.1325 - Intelligence Authorization Act, Fiscal Year 1991". U.S. Congress.

Sources
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