Boland Amendment
Encyclopedia
The Boland Amendment was the name given to three U.S. legislative amendments between 1982 and 1984, all aimed at limiting U.S. government assistance to the Contras
in Nicaragua
. The first Boland Amendment was to the House Appropriations Bill of 1982, which was attached as a rider
to the Defense Appropriations Act of 1983, named for the Massachusetts
Democrat
, Representative Edward Patrick Boland, who authored it. The House of Representatives
passed the Defense Appropriations Act 411-0 on December 8, 1982 and it was signed by President Ronald Reagan
on December 21, 1982. The amendment outlawed U.S. assistance to the Contras
for the purpose of overthrowing the Nicaraguan government, while allowing assistance for other purposes.
Beyond restricting overt U.S. support of the Contras, the most significant effect of the Boland Amendment was the Iran-Contra Affair
, during which the Reagan Administration illegally circumvented the Amendment in order to continue supplying arms to the Contras, behind the back of Congress.
raged in Nicaragua
, pitting the left-wing Sandinista elected
government against CIA
-financed Contra
rebel groups. After the CIA carried out a series of acts of sabotage
without Congressional intelligence committees being made aware beforehand, this led to the passage of the Boland Amendment by Congress and subsequent cutting off of appropriated funding for the Contras.
The Boland Amendment, proposed by Edward Boland
, was a highly limited ambiguous compromise because the Democrats did not have enough votes for a comprehensive ban. The Amendment gained traction due to a widespread opposition among the American public to funding the Contras: Holly Sklar pegs public opposition to Contra funding at the time of Reagan's re-election at a consistent "trend of two to one." It covered only appropriated funds
spent by intelligence agencies (such as the CIA). Some of Reagan's national security officials used non-appropriated money spent by the National Security Council
(NSC) to circumvent the Amendment. No court ever made a determination whether Boland covered the NSC, and because it was a prohibition rather than a criminal statute, no one could be indicted for violating it. Opponents alleged that the White House violated the amendment. Congress later resumed aid to the Contras, totaling over $300 million. The Sandinistas were voted out of power in 1990, and voted back in later years.
The Boland Amendment prohibited the federal government from providing military support "for the purpose of overthrowing the Government of Nicaragua." It aimed to prevent CIA funding of rebels opposed to the Marxist provisional junta
, the Boland Amendment sought to block Reagan administration support for the Contra rebels. The amendment was narrowly interpreted by the Reagan administration to apply to only U.S. intelligence agencies, allowing the National Security Council
, not so labeled, to channel funds to the Contra rebels. In order to block this, the amendment was changed to prohibit any funds for military or paramilitary operations.
Administration officials argued that the Boland Amendment, or any act of Congress would not interfere with the president's conduct of foreign policy by restricting funds, as the president could seek funds from private entities or foreign governments. In this spirit, and despite the Boland Amendment, Vice Admiral John M. Poindexter
, USN, and his deputy, Lt. Colonel Oliver North
, USMC, secretly diverted to the Nicaraguan contras millions of dollars in funds received from a secret deal which some alleged had explicit presidential approval the sales of anti-tank and anti-aircraft missiles to Iran
in spite of Reagan's public pledge not to deal with terrorists. In November, 1986, a pro-Syria
n newspaper in Lebanon
revealed the secret deal to the world. This came as Democrats won back control of the Senate in the 1986 elections. In public hearings of a joint House-Senate committee convened for purposes of investigating the affair, Democrats sought to prosecute LTC North for his role. The final report published after the hearings blamed Reagan's passive style of leadership for allowing the conduct of foreign policy without involvement of any elected official. However, a later Congress repealed the Boland Amendment and resumed funding.
Elections in Nicaragua subsequently ousted the Marxists from power; later elections brought them back into power.
In December 1982 H.J.RES.631 became public law 97-377 making further continuing appropriations for the fiscal year 1983. The amendment S.UP.AMDT.1542 by Senator Daniel Patrick Moynihan
, which aimed to prohibit the use of funds by the CIA or DOD to support military activities in Nicaragua, fell. Amendment S.UP.AMDT.1541 by Senator Christopher J. Dodd "to declare Congressional support for restrictions on certain types of operations in Central America" was tabled.
But H.R.7355 made appropriations for the Department of Defense
and amendment H.AMDT.974 to it by Representative Edward P. Boland passed with a recorded vote of 411-0 to prohibit the CIA or Defense Department to use the funds of the bill for military purposes in Nicaragua.
In December 1983, for the fiscal year 1984, H.R.4185, sponsored by Representative Joseph P. Addabbo, which became public law 98-212, and H.R.2968, sponsored by Boland, which became public law 98-215 limited the amount to be spent for military purposes in Nicaragua. Amendment H.AMDT.461 by Boland to H.R. 2968 prohibited covert assistance for military operations in Nicaragua.
In December 1984, for fiscal year 1985, H.J.RES.648, became public law 98-473, and prohibited funds available to the CIA and the DOD from being used in Nicaragua for military purposes.
In December 1985, for fiscal year 1986, S.960 became public law 99-83 and also excluded military use for funds to be spent in Nicaragua.
government (the anti-Sandinista guerrillas known as the “contras”) led to a prohibition on such assistance in a continuing appropriations bill. This legislative ban is summarized below.
The continuing appropriations resolution for FY1985, P.L. 98-473, 98
Stat. 1935-1937, signed October 12, 1984, provided that: “During fiscal
year 1985, no funds available to the Central Intelligence Agency, the
Department of Defense, or any other agency or entity of the United States
involved in intelligence activities may be obligated or expended for the
purpose or which would have the effect of supporting, directly or
indirectly, military or paramilitary operations in Nicaragua by any nation,
group, organization, movement or individual.” This legislation also
provided that after February 28, 1985, if the President made a report to
Congress specifying certain criteria, including the need to provide further
assistance for “military or paramilitary operations” prohibited by this
statute, he could expend $14 million in funds if Congress passed a joint
resolution approving such action." [Congressional Research Service, Congressional Use of Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments, January 10, 2001, pg. 6.] http://www.fas.org/man/crs/RS20775.pdf
Contras
The contras is a label given to the various rebel groups opposing Nicaragua's FSLN Sandinista Junta of National Reconstruction government following the July 1979 overthrow of Anastasio Somoza Debayle's dictatorship...
in Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
. The first Boland Amendment was to the House Appropriations Bill of 1982, which was attached as a rider
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
to the Defense Appropriations Act of 1983, named for the Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, Representative Edward Patrick Boland, who authored it. The House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed the Defense Appropriations Act 411-0 on December 8, 1982 and it was signed by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on December 21, 1982. The amendment outlawed U.S. assistance to the Contras
Contras
The contras is a label given to the various rebel groups opposing Nicaragua's FSLN Sandinista Junta of National Reconstruction government following the July 1979 overthrow of Anastasio Somoza Debayle's dictatorship...
for the purpose of overthrowing the Nicaraguan government, while allowing assistance for other purposes.
Beyond restricting overt U.S. support of the Contras, the most significant effect of the Boland Amendment was the Iran-Contra Affair
Iran-Contra Affair
The Iran–Contra affair , also referred to as Irangate, Contragate or Iran-Contra-Gate, was a political scandal in the United States that came to light in November 1986. During the Reagan administration, senior Reagan administration officials and President Reagan secretly facilitated the sale of...
, during which the Reagan Administration illegally circumvented the Amendment in order to continue supplying arms to the Contras, behind the back of Congress.
Background
During the early years of the Reagan administration, a civil warCivil war
A civil war is a war between organized groups within the same nation state or republic, or, less commonly, between two countries created from a formerly-united nation state....
raged in Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
, pitting the left-wing Sandinista elected
Nicaraguan general election, 1984
A general election was held in Nicaragua on 4 November 1984, to elect a president and parliament. Approximately 1.2 million Nicaraguans voted, representing a 75% turnout, with 94% of eligible voters registered. The elections were generally held to be free and fair...
government against CIA
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
-financed Contra
Contras
The contras is a label given to the various rebel groups opposing Nicaragua's FSLN Sandinista Junta of National Reconstruction government following the July 1979 overthrow of Anastasio Somoza Debayle's dictatorship...
rebel groups. After the CIA carried out a series of acts of sabotage
Sabotage
Sabotage is a deliberate action aimed at weakening another entity through subversion, obstruction, disruption, or destruction. In a workplace setting, sabotage is the conscious withdrawal of efficiency generally directed at causing some change in workplace conditions. One who engages in sabotage is...
without Congressional intelligence committees being made aware beforehand, this led to the passage of the Boland Amendment by Congress and subsequent cutting off of appropriated funding for the Contras.
The Boland Amendment, proposed by Edward Boland
Edward Boland
Edward Patrick Boland was a politician from the state of Massachusetts. A Democrat, he was a representative from Massachusetts's 2nd congressional district....
, was a highly limited ambiguous compromise because the Democrats did not have enough votes for a comprehensive ban. The Amendment gained traction due to a widespread opposition among the American public to funding the Contras: Holly Sklar pegs public opposition to Contra funding at the time of Reagan's re-election at a consistent "trend of two to one." It covered only appropriated funds
Appropriation (law)
In law and government, appropriation is the act of setting apart something for its application to a particular usage, to the exclusion of all other uses....
spent by intelligence agencies (such as the CIA). Some of Reagan's national security officials used non-appropriated money spent by the National Security Council
United States National Security Council
The White House National Security Council in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the...
(NSC) to circumvent the Amendment. No court ever made a determination whether Boland covered the NSC, and because it was a prohibition rather than a criminal statute, no one could be indicted for violating it. Opponents alleged that the White House violated the amendment. Congress later resumed aid to the Contras, totaling over $300 million. The Sandinistas were voted out of power in 1990, and voted back in later years.
The Boland Amendment prohibited the federal government from providing military support "for the purpose of overthrowing the Government of Nicaragua." It aimed to prevent CIA funding of rebels opposed to the Marxist provisional junta
Junta of National Reconstruction
The Junta of National Reconstruction officially ruled Nicaragua from July 1979 to January 1985, though effective power was in the hands of the Sandinista National Liberation Front's National Directorate....
, the Boland Amendment sought to block Reagan administration support for the Contra rebels. The amendment was narrowly interpreted by the Reagan administration to apply to only U.S. intelligence agencies, allowing the National Security Council
United States National Security Council
The White House National Security Council in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the...
, not so labeled, to channel funds to the Contra rebels. In order to block this, the amendment was changed to prohibit any funds for military or paramilitary operations.
Administration officials argued that the Boland Amendment, or any act of Congress would not interfere with the president's conduct of foreign policy by restricting funds, as the president could seek funds from private entities or foreign governments. In this spirit, and despite the Boland Amendment, Vice Admiral John M. Poindexter
John Poindexter
John Marlan Poindexter is a retired United States naval officer and Department of Defense official. He was Deputy National Security Advisor and National Security Advisor for the Reagan administration. He was convicted in April 1990 of multiple felonies as a result of his actions in the Iran-Contra...
, USN, and his deputy, Lt. Colonel Oliver North
Oliver North
Oliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
, USMC, secretly diverted to the Nicaraguan contras millions of dollars in funds received from a secret deal which some alleged had explicit presidential approval the sales of anti-tank and anti-aircraft missiles to Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
in spite of Reagan's public pledge not to deal with terrorists. In November, 1986, a pro-Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
n newspaper in Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
revealed the secret deal to the world. This came as Democrats won back control of the Senate in the 1986 elections. In public hearings of a joint House-Senate committee convened for purposes of investigating the affair, Democrats sought to prosecute LTC North for his role. The final report published after the hearings blamed Reagan's passive style of leadership for allowing the conduct of foreign policy without involvement of any elected official. However, a later Congress repealed the Boland Amendment and resumed funding.
Elections in Nicaragua subsequently ousted the Marxists from power; later elections brought them back into power.
Legislature chronology
A chronology from John Negroponte.In December 1982 H.J.RES.631 became public law 97-377 making further continuing appropriations for the fiscal year 1983. The amendment S.UP.AMDT.1542 by Senator Daniel Patrick Moynihan
Daniel Patrick Moynihan
Daniel Patrick "Pat" Moynihan was an American politician and sociologist. A member of the Democratic Party, he was first elected to the United States Senate for New York in 1976, and was re-elected three times . He declined to run for re-election in 2000...
, which aimed to prohibit the use of funds by the CIA or DOD to support military activities in Nicaragua, fell. Amendment S.UP.AMDT.1541 by Senator Christopher J. Dodd "to declare Congressional support for restrictions on certain types of operations in Central America" was tabled.
But H.R.7355 made appropriations for the Department of Defense
and amendment H.AMDT.974 to it by Representative Edward P. Boland passed with a recorded vote of 411-0 to prohibit the CIA or Defense Department to use the funds of the bill for military purposes in Nicaragua.
In December 1983, for the fiscal year 1984, H.R.4185, sponsored by Representative Joseph P. Addabbo, which became public law 98-212, and H.R.2968, sponsored by Boland, which became public law 98-215 limited the amount to be spent for military purposes in Nicaragua. Amendment H.AMDT.461 by Boland to H.R. 2968 prohibited covert assistance for military operations in Nicaragua.
In December 1984, for fiscal year 1985, H.J.RES.648, became public law 98-473, and prohibited funds available to the CIA and the DOD from being used in Nicaragua for military purposes.
In December 1985, for fiscal year 1986, S.960 became public law 99-83 and also excluded military use for funds to be spent in Nicaragua.
Congressional Research Service
"In 1984, controversy over U.S. assistance to the opponents of the Nicaraguangovernment (the anti-Sandinista guerrillas known as the “contras”) led to a prohibition on such assistance in a continuing appropriations bill. This legislative ban is summarized below.
The continuing appropriations resolution for FY1985, P.L. 98-473, 98
Stat. 1935-1937, signed October 12, 1984, provided that: “During fiscal
year 1985, no funds available to the Central Intelligence Agency, the
Department of Defense, or any other agency or entity of the United States
involved in intelligence activities may be obligated or expended for the
purpose or which would have the effect of supporting, directly or
indirectly, military or paramilitary operations in Nicaragua by any nation,
group, organization, movement or individual.” This legislation also
provided that after February 28, 1985, if the President made a report to
Congress specifying certain criteria, including the need to provide further
assistance for “military or paramilitary operations” prohibited by this
statute, he could expend $14 million in funds if Congress passed a joint
resolution approving such action." [Congressional Research Service, Congressional Use of Funding Cutoffs Since 1970 Involving U.S. Military Forces and Overseas Deployments, January 10, 2001, pg. 6.] http://www.fas.org/man/crs/RS20775.pdf
External links
- Thomas' summary for HR 2968 in the 98th Congress
- Government Accountability Office report B-201260
- Iran-Contra Hearings; Boland Amendments: What They Provided. New York Times