In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, a presidential finding, more formally known as a Memorandum of Notification (MON), is a

presidential directive A presidential directive, or executive action, is a written or oral instruction or declaration issued by the president of the United States, which may draw upon the powers vested in the president by the U.S. Constitution, statutory law, or, in cert ...

required by

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

to be delivered to certain

Congressional A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

committees A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

to justify the commencement of covert operations by the

Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...

(CIA).

History

Current use of the presidential finding stems from the so-called

Hughes–Ryan Amendment The Hughes–Ryan Amendment was an amendment to the Foreign Assistance Act of 1961, passed as section 32 of the Foreign Assistance Act of 1974. The amendment was named for its co-authors, Senator Harold E. Hughes (D-Iowa) and Representative L ...

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."

Notes

References

Sources

* {{cite web, url=https://fas.org/sgp/crs/misc/98-611.pdf, first=Harold C., last=Relyea, work=

Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a c ...

, date=26 November 2008, id=Order Code 98-611 GOV, title=Presidential Directives: Background and Overview United States federal law United States presidential directives