October 10, 1984: Second Boland Amendment Outlaws CIA, Defense Department, or Third-Party Funding of Contras

Congress passes the second Boland Amendment, which outlaws the use of “third-party nations” to support the Contras. The bill also bars the use of funds by the CIA, the Defense Department, or any intelligence agency for “supporting, directly or indirectly, military or paramilitary operations in Nicaragua by any nation, group, organization or individual.” [PBS, 2000] The amendment is largely in response to the efforts of the Reagan administration to get around the restrictions of the first amendment (see December 1982), and the CIA’s mining of three Nicaraguan harbors. This amendment is far more restrictive than the first, saying flatly, “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.” [New York Times, 7/10/1987; House Intelligence Committee, 2005; Savage, 2007, pp. 53] “There are no exceptions to the prohibition,” says Edward Boland (D-MA), the chairman of the House Intelligence Committee and the primary sponsor of the amemdment. Contra supporters in Congress denounce the bill, with Dick Cheney (R-WY) calling it a “killer amendment” that will force the Contras “to lay down their arms.” After President Reagan signs it into law, Cheney launches a lengthy, determined effort to persuade his colleagues to rescind the amendment. Inside the White House, particularly in the National Security Council, a number of Reagan officials, including National Security Adviser John Poindexter and his aide Colonel Oliver North, begin conspiring to circumvent the amendment with a complex scheme involving selling arms to Iran at inflated prices in exchange for American hostages held by Lebanese militants, and using the profits to fund the Contras. [Savage, 2007, pp. 53]