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Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

(P. L. 110-)

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How To Use the DHNDAA 2009 Suite of Pages

No Conference; No Conference Report

The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (DHNDAA) was passed by both Houses of Congress at the end of September 2008.  On September 17, 2008, S. 3001, the DHNDAA passed the Senate.  With the end of the 110th Congress quickly approaching, changes were being made to the just passed S. 3001--somewhere by someone.  The result was the House amended version of S. 3001 that was passed by the House on September 24, 2008.  On September 27, 2008, Senator Levin explained this process in the Senate as:

Over the last week, we have worked around the clock to reconcile the Senate and House versions of the Defense authorization bill. The compromise version of the bill--the House amendment to S. 3001--has now been approved by the House by on overwhelming bipartisan vote of 392-39.

After a brief discussion in the Senate, the Senate agreed to the House amendment to S. 3001 on September 27, 2008.  The bill is scheduled to be signed into law on October 14, 2008.

Normally, after the Senate and House pass different versions of the bill, conferees are appointed and a conference is held to reconcile differences between the two versions.  A conference report is then reported that explains the reconciliation.  However, the DHNDAA did not come with a conference and does not have a conference report.  As a result, there is nothing to explain the current version of of S. 3001.

How To Use the DHNDAA 2009 Suite of Pages

The Contents page provides links to the Armed Services Committees' reports and to a document provided by Representative Waxman, the Chairman of the House Committee on Oversight and Government Reform.  Additional links will be provided to source documents as they are identified.  Due to the lack of a conference report, attempts to identify sources will continue.

Under the best of circumstances, I recommend not trying to identify congressional intent and this is far from the best of circumstances.  As you can see from the table below, the last time the Armed Services Committees provided reports was in May 2008.  Since then, the legislation--H. R. 5658 and S. 3001--was amended several times as the table below shows. 

September 27, 2008 S. 3001, as amended by House, passes Senate
September 24, 2008 S. 3001 amended in House and passed.  Representative Waxman provides explanation of Clean Contracting Act of 2008.
September 17, 2008 S. 3001 amended and passed Senate
May 22, 2008 H. R. 5658 amended and passed House
May 16, 2008 H. R. 5658 reported by House Armed Services Committee with Report 110-652 and supplemental report on May 20, 2008.
May 12, 2008 S. 3001 reported by Senate Armed Services Committee with Report 110-335

In using these pages, compare the sections from an Armed Services Committee report with the section of the DHNDAA.  Pay attention to the differences between report and law.  In at least one case, a report notes a revision to law but the section of the act only states a "sense of Congress."

In the end, the reports might help explain a section of the law or give you an idea of the source of the section.



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