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The Defense Appropriations Act for FY 2009 (Public Law 110-329) did not reenact the provisions contained in the FY 2008 Act (Section 8068(c)).
As stated in the DoD CIO Memorandum, Clinger-Cohen Act (CCA) Compliance of Major Automated Informations (MAIS) for Fiscal Year (FY) 2009, March 24, 2009, DoD Component CIOs will, however, follow the guidance in Enclosure 5 to the DoD Instruction 5000.02, Operation of Defense Acquisition System, dated December 8, 2008, which states that for all programs that acquire information technology (IT), including a National Security System (NSS), at any Acquisition Category level, the Milestone Decision Authority shall not initiate a program or an increment of a program, or approve entry into any phase of the acquistion process, and the DoD Component shall not award a contract until:
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