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BACKGROUND

During the early years of the Reagan administration, a Civil War raged in Nicaragua , pitting the Marxist Sandinista leaders of the Nicaraguan government against CIA -financed Contra rebels. When the CIA carried out a series of acts of Sabotage without Congressional intelligence committees giving consent, or even being made aware beforehand, the Republican -controlled Senate became enraged, leading to the passage of the Boland Amendment 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. 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 to circumvent the Amendment. No court ever made a determination whether Boland covered the NSC, and no one was ever indicted for violating it. Opponents alleged that the White House violated the highly ambiguous amendment. Congress later resumed aid to the Contras, totaling over $300 million; the Sandinistas were voted out in 1990, after most of Nicaragua's infrastructure was systematically destroyed by the Contras.


Elections in Nicaragua subsequently ousted the Marxists from power.


SUMMARY OF HOUSE AMENDMENT 461

House Amendment 461 to HR 2968 is summarized by the Thomas Bill Summary & Status (under Amendments) as

"An amendment to prohibit covert assistance for military operations in Nicaragua and to authorize overt interdiction assistance. The overt interdiction assistance consists of assistance furnished by the President on terms he may dictate to any friendly country in Central America to enable that country to prevent the use of its territory for the transfer of military equipment from or through Cuba or Nicaragua or any other country. The assistance must be overt. For this overt aid $30,000,000 is provided for FY'83 and $50,000,000 is provided for FY'84."


CONGRESSIONAL RESEARCH SERVICE SUMMARY OF ACTIONS FUNDING RESTRICTIONS OF FOREIGN MILITARY/PARAMILITARY OPERATIONS


"In 1984, controversy over U.S. assistance to the opponents of the Nicaraguan
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." 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]


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