The Mostly Secret Intelligence Budget for FY2016 (H.R. 4127)

What is H.R. 4127?

(Updated August 1, 2017)

This bill authorize funding for intelligence activities conducted by the U.S. Government, including intelligence agencies, Armed Forces, and other related federal agencies. 

Specifics about the total appropriations authorized by this legislation are classified, so minimal information is available to the public. The classified information is known as the “Classified Schedule of Authorizations” and has the levels of funding and personnel used by these agencies to carry out operations. 

The plans had to be made available to the House and Senate intelligence committees that oversee appropriations, but otherwise, it's really under wraps. Even the President can't publicly disclose anything from the budget (outside of what is necessary to implement it or comply with the law).

All those classified things aside, there's  stuff available for the public. We're all allowed to know that a total of $514 million would go to funding the Central Intelligence Agency Retirement and Disability system. Another $516.3 million would go into the Intelligence Community Management Account.

Beginning 60 days or less after this bill’s enactment, and every 60 days after that, the Director of National Intelligence would have to provide a report on the movement of foreign fighters in Syria in Iraq to Congressional intelligence committees.

Funds from this bill are prohibited from going to transferring or releasing detainees from the U.S. Naval Station at Guantanamo Bay, Cuba to foreign countries. Funds also cannot be use to extend to modify other building facilities to detain Guantanamo prisoners in the U.S. This bill would also mandate reports on the status of former Guantanamo detainees.

Intelligence agencies would be required to notify Congress if the Russian government deploys or sells its Club-K missiles. It would also compile a report on the funding of political parties and non-govermental organizations in Russia. Within 180 days, the Director of National Intelligence would be required to provide relevant congressional committees with information regarding political assassinations in Russia that have occurred since 2000.

Other reports related to foreign policy required by this legislation include an assessment of the situation in contested portions of the South China Sea and East China Sea. There would also be a report on the use of locally employed staff at the American embassy in Cuba, and that all U.S. diplomatic facilities in Cuba have sensitive compartmented information facilities.

Wondering which lucky federal agencies get funding from this bill? 

• The Central Intelligence Agency (CIA)
• The Director of National Intelligence (DNI) 
• The Defense Intelligence Agency (DIA)
• The Department of Defense (DOD) (but just branches that engage in intelligence activities
• Other intelligence activities conducted through the Department of State, the Treasury Department, the National Security Agency (NSA) and the Department of Justice.

Argument in favor

Between acts of terrorism and aggressive posturing by nations like China and Russia, there are numerous threats to America's national security in the world today. Increasing funding for intelligence activities will help policymakers make informed decisions and be aware of changes.

Argument opposed

There needs to be a substantial change in how intelligence activities are funded to increase transparency. There's no reason to support legislation if you don't know all of what's in it. Aside from that, this bill uses budget gimmicks and undercuts the President's funding request.

Impact

People who live in the U.S., federal intelligence agencies, and Congress.

Cost of H.R. 4127

A CBO cost estimate is unavailable.

Additional Info

In-Depth: The Chairman of the House Intelligence Committee, Rep. Devin Nunes (R-CA) claims that:

“this bill will ensure that the intelligence community receives the resources it needs to continue protecting Americans from attack by a wide array of foreign adversaries.”

The House Intelligence Committee pointed out that this legislation is consistent with the Budget Resolution and the Budget Control Act (aka the sequester), even though it provides intelligence agencies with seven percent more funding than last year.

Democratic members of the committee took issue with the budget mechanisms used to remain within those levels. In a press release detailing the minority’s views, Democrats noted:

“While it largely makes appropriate cuts to some programs and adds wisely to others, it does so by using short-term Overseas Contingency Operations funding to evade the Budget Control Act caps.”

Despite the concerns raised by Democratic members of the House Intelligence Committee, this legislation passed the Committee unanimously by voice vote.

Of Note: All the secrecy surrounding intelligence appropriations have led to this bill's (and it's predecessors) nickname, the ‘Black Budget.’ However, the public has a pretty good idea of what might receive funding, and at what levels — thanks to the release of a top-secret budget summary from the 2013 fiscal year from Edward Snowden.

That year, the intelligence community received more than $52 billion in funding, $14.7 billion of which went to the CIA, while the National Security Agency and National Reconnaissance Office received $10.8 and $10.3 billion, respectively. The majority of the total funding from that year was given to intelligence gathering and counterterrorism, at a level of $20.1 billion and $17.2 billion, respectively.

Media:

• House Permanent Select Committee on Intelligence Press Release
• House Democratic Policy Statement
• CBO Cost Estimate
• The Hill
• Washington Post (Context)