and DOD black Ops operations are all hidden and classified but it looks like around $150 billion give or take if not more.
This is a good academic report from
Michael E. Salla, PhD
Center for Global Peace/School of International Service
American University
Washington DC
If you want to know more:
Excert......... and link:
http://www1.american.edu/salla/Articles/BB-CIA.htm#Legal
Legal and Congressional Efforts to Disclose the CIA’s Black Budget
William Richardson was an ‘ordinary’ citizen who realized the inconsistency between the Constitution’s requirement that all government appropriations would have “a regular statement and account of receipts and expenditures” published, and the CIA’s Act’s secrecy provision concerning the CIA budget. In 1967, Richardson made an effort to discover the true size of the CIA’s ‘black budget’ by writing a letter to the US Government Printing Office. He requested a copy of the CIA budget “published by the Government in compliance with Article I, section 9, clause 7 of the United States Constitution.”[x] [10] Richardson received replies from the US Treasury that essentially rebuffed his efforts and he decided to start a Federal court action against the US government.
He argued that the CIA Act was “repugnant to the Constitution” since it “operates to falsify the regular Statement and Account of all public Money.”[xi] [11] After three years of legal wrangling, Richardson’s case was dismissed by the Pittsburgh Federal Judge, Joseph P. Wilson, who decided that Richardson did not have ‘standing’ to sue the Federal government since he was not directly affected by issue at dispute. In short, the judge was taking the conservative legal position that a ‘generalized grievance’ is not a sufficient basis for a private citizen to take a US Federal Agency to court. Richardson appealed and in 1971, succeeded in having his case heard before a full bench of the United States Court of Appeals in Philadelphia (the penultimate legal court in the US). In his legal brief, Richardson claimed:
Never in the history of this country has so much money been spent without the traditional safeguard of openness and in direct defiance of constitutional provisions…. Billions are spent each year by unknown entities and this amount is spread throughout the Treasury’s reporting system to confuse the public and belittle the Constitution.[xii] [12]
The nine federal judges ruled in a 6-3 decision in 1972 that Richardson did have legal standing since the Court reasoned that a
… responsible and intelligent taxpayer and citizen, of course, wants to know how his tax money is spent. Without this information he cannot intelligently follow the actions of the Congress or the Executive. Nor can he properly fulfill his obligations as a member of the electorate.[xiii] [13]
Richardson had won an extraordinary, though ultimately short lived, legal victory. He had succeeded in arguing that the ‘black budget’ was inconsistent with his constitutional obligations and that the CIA Act had doubtful constitutional standing. The 1971 decision of the Court of Appeals is the closest any US court has come to ruling on the constitutionality of the CIA Act. The Court had effectively decided that Congress had no right to deprive American citizens knowledge of the true size of the appropriated money that was being channeled to the CIA through other government agencies.
The Federal Government immediately appealed to the Supreme Court and in July 1974, the nine Supreme Court Justices ruled in a 5-4 decision, that Richardson did not have the legal standing to challenge the Federal government.[xiv] [14] Adopting a conservative legal position, the Court argued that Richardson’s suit was nothing more than a generalized political grievance by a citizen that needed to be dealt with through the political system, rather than the legal system. The Supreme Court concluded that it did not need to examine the merits of Richardson’s case, since he did not have legal standing to bring the suit to the Court. The Supreme Court thus overturned the earlier ruling of the US Court of Appeals. The immediate consequence was that the black budget would remain a secret for some years yet. Despite the setback, Richardson had demonstrated that the ‘black budget’ and the CIA Act that created it, had dubious constitutional standing, and only required a challenge from a party with legal standing to most likely have it struck from the statute books.[xv] [15]
In the 1970’s the black budget and its true size became for the first time a subject of intense congressional scrutiny. In the aftermath of the Vietnam war and the behavior of the intelligence community in sponsoring private wars throughout Indochina and elsewhere, the Senate decided in 1976 to elect a committee to investigate the CIA’s covert activities and the black budget for the intelligence community. In its final report, the Senate Select Committee on Intelligence (the Church Committee) found the black budget to be unconstitutional and recommended public disclosure of its size:
The budget procedures, which presently govern the Central Intelligence Agency and other agencies of the Intelligence Community, prevent most members of Congress from knowing how much money is spent by any of these agencies or even how much money is spent on intelligence as a whole. In addition, most members of the public are deceived about the appropriations and expenditures of other government agencies whose budgets are inflated to conceal funds for the intelligence community.
The failure to provide this information to the public and to the Congress prevents either from effectively ordering priorities and violates Article I, Section 9, Clause 7 of the Constitution…. The Committee finds that publication of the aggregate figure for national intelligence would begin to satisfy the Constitutional requirement and would not damage the national security.[xvi] [16]
Unfortunately, the Church Committee’s recommendation was never implemented as the CIA Director (DCI), George Bush, successfully argued for the committee to hold off implementing its decision. The Committee voted 6-5 to hold off and the recommendation was never brought to the whole Senate for a decision.[xvii] [17]
It would have to wait until the 1990’s before Congress would once again take up the issue of the black budget. Ironically it was Congress that had provided the legislation that would be an effective mechanism to end the secrecy surrounding the size of the black budget. The Freedom of Information Act (FOIA) was passed in 1966 and made it possible for individuals to gain access to the records of any federal government agency by making a written request.[xviii] [18] All agencies are required to disclose requested records except for information that falls under nine exemptions and three exclusions of the FOIA. The most relevant of these exemptions for the CIA Act was (b)(1) exemption 1 which says: “This exemption protects from disclosure national security information concerning the national defense or foreign policy, provided that it has been properly classified in accordance with the substantive and procedural requirements of an executive order.” If an agency refused to release information, the requestor could ask for a Federal judge to adjudicate whether the information did or didn’t qualify for the exemption claimed by the agency in withholding the relevant information.
In 1967 when Richardson first took legal action, he did not use the newly passed FOIA in requesting information about the CIA’s ‘black budget’ since he was challenging the constitutional basis of the black budget and CIA Act, rather than arguing that release of the figures would not pose a national security threat. Richardson rightly assumed that the CIA would not release information concerning the black budget on the grounds of national security, and that it could persuasively argue this before a federal judge qualifying for exemption from FOIA.
In 1996, President Clinton introduced a major change in the secrecy over the size of the black budget when he argued that its disclosure would not threaten national security. The DCI under Clinton, John Deutsch gave Congressional testimony that President Clinton was “persuaded that disclosure of the annual amount appropriated for intelligence purposes would inform the public and not, in itself, harm intelligence activities.”[xix] [19] President Clinton had effectively undercut the main legal barrier to the CIA indefinitely withholding the size of the black budget from an FOIA request. In 1997 the Federation of Atomic Scientists made an FOIA request to the CIA, to disclose the secret combined appropriations for the Intelligence community that comprises the CIA, National Security Agency (NSA), National Reconnaissance Office (NRO), Defense Intelligence Agency (DIA), National Imagery and Mapping Agency (NIMA), and intelligence branches of the Air force, Navy and Army.[xx] [20] The DCI refused and the case eventually went before a Federal Court. In a last ditch effort to prevent disclosure of the ‘black budget’ the DCI persuaded both the Senate[xxi] [21] and the House of Representatives[xxii] [22] to vote against amendments that would have recommended its disclosure.
The CIA’s efforts were to no avail and in 1997 the Federal Judge decided in favor of the FAS that the ‘black budget’ could be disclosed without harming the national security of the US. In what was the first major crack in the official secrecy surrounding the CIA’s budget and its intelligence activities, the CIA subsequently decided to release for the first time the size of its ‘official’ black budget (appropriations drawn from single line items on the DoD budget), but reserved the right to not disclose this figure in future. For the fiscal year of 1997, the combined aggregate appropriations for the Intelligence Community (black budget) was said to be 26.6 billion dollars.[xxiii] [23]
The ‘official’ black budget for the CIA can be estimated by using the percentage of the black budget for the intelligence community that went to the CIA as opposed to other intelligence agencies from DoD appropriations. According to Victor Marchetti and John Marks, the CIA portion of the intelligence black budget was 750 million from 6.228 billion (approximately 12%) for 1973.[xxiv] [24] Victor Marchetti and John Marks put the overall intelligence budget at $6.228 billion for 1973, of which the CIA disposed of $750 million. According to David Wise
In 1975 the entire CIA budget was hidden within a $2 billion appropriation for "Other Procurement, Air Force." The $12 billion total for all U.S. intelligence, much higher than previous estimates, was indicated in the report of the Senate intelligence committee.[xxv] [25]
Wise’s estimate suggests that the proportion of the intelligence black budget that goes to the CIA is closer to approximately 16.7% than the 12.0% estimated by Marchetti and Mark. At the other end, the Federation of Atomic Scientists, using 1998 figures, estimated that the CIA’s portion of the black budget was 11.5%.[xxvi] [26] If 12% is taken as the more accurate estimate of the CIA portion of the black budget, then this suggests that of the 26.6 billion dollars Tenet disclosed went to the Intelligence Community from DoD appropriations, approximately $3.2 billion (12%) was the official ‘black budget’ of the CIA. The 1998 estimate converts to $3.5 billion in 2002 terms, and compares quite favorable with the 1953 figures that presumably made up DoD appropriations for the CIA black budget that can be converted to approximately $3.4 billion in 2002 using CPI adjustments.[xxvii] [27] Consequently it appears that much of the mystery surrounding the black budget of the CIA and the intelligence community had been ended once official figures for the CIA were released through FOIA in 1997.
However, it will now be argued that the figures released by Tenet in 1997 for the ‘official black budget’ for the intelligence community, and earlier estimates dating from 1953 data, committee reports in the 1970’s, is disinformation intended to steer analysts, Congress and the general public away from the true size of the CIA’s black budget. It will be argued that the ‘unofficial’ CIA black budget, in terms of Congressional appropriations and other funds the CIA transfers through other government departments and agencies far exceeds the ‘official’ black budget (DoD appropriations earmarked for the intelligence community), and has been well disguised as a major purpose of the CIA ever since its creation. The major purpose of the CIA is to act as a funnel for the combined black budgets of the intelligence community and the Department of Defense. This is the reverse of the conventional wisdom behind the ‘official’ black budget that the DoD funds the CIA. In fact it is the CIA that funds secret projects run by the various military and intelligence services in the DoD. Using the testimony of whistleblowers of other federal government agencies and testimony of DoD Inspector Generals, I will argue that billions of dollars are annually extracted from these agencies by the CIA, topped up by revenue from other sources used by the CIA, and then siphoned to the military intelligence agencies within the DoD for distribution to ‘deep black projects’ outside of the regular appropriations and oversight process mandated by Congress for ‘black projects’.
More: http://www1.american.edu/salla/Articles/BB-CIA.htm#Legal
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