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9303. Access to Theodore Roosevelt Island.
9304. Source of appropriations.
$9301. Maintenance and administration

The Director of the National Park Service shall maintain and administer Theodore Roosevelt Island as a natural park for the recreation and enjoyment of the public. $9302. Consent of Theodore Roosevelt Association required

for development (a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Association must approve every general plan for the development of Theodore Roosevelt Island.

(b) DEVELOPMENT INCONSISTENT WITH PLAN.--As long as the Association remains in existence, development inconsistent with the general plan may not be carried out without the Association's consent. $9303. Access to Theodore Roosevelt Island

Subject to the approval of the National Capital Planning Commission and the availability of appropriations, the Director of the National Park Service may provide suitable means of access to and on Theodore Roosevelt Island. $ 9304. Source of appropriations

The appropriations needed for construction of suitable means of access to and on Theodore Roosevelt Island and annually for the care, maintenance, and improvement of the land and improvements may be made from amounts not otherwise appropriated from the Treasury.

CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

PUBLIC WORKS IN THE DISTRICT OF COLUMBIA

Sec.
9501. Chief of Engineers.
9502. Authority of Chief of Engineers.
9503. Record of property.
9504. Reports.
9505. Paying for main pipes.
9506. Civil penalty.
9507. Control of expenditures.
$9501. Chief of Engineers
(a) SUPERINTENDENCE DUTIES. -

(1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IMPROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engineers has the immediate superintendence of

(A) the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the Aqueduct and belonging to the Federal Government; and

(B) all other public works and improvements in the District of Columbia in which the Government has an interest

and which are not otherwise specially provided for by law. (2) OBEYING REGULATIONS.-In carrying out paragraph (1), the Chief of Engineers shall obey regulations the President

prescribes, through the Secretary of the Army. (b) No INCREASE IN COMPENSATION.—The Chief of Engineers shall not receive additional compensation for the services required under this chapter.

(c) OFFICE.—The Chief of Engineers shall be furnished an office in one of the public buildings in the District of Columbia, as the Administrator of General Services directs, and shall be supplied by the Federal Government with stationery, instruments, books, and furniture which may be required for the performance of the duties of the Chief of Engineers. $9502. Authority of Chief of Engineers

(a) IN GENERAL.- The Chief of Engineers and necessary assistants may use all lawful means to carry out their duties. (b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.

(1) PROVIDING WATER.- The Chief of Engineers has complete control over the Washington Aqueduct to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants of the District of Columbia.

STOPPAGE OF WATER FLOW.-The Chief of Engineers shall stop the authorities of the District of Columbia from tapping the supply of water when the supply is no more than adequate to the wants of the public buildings and grounds.

(3) APPEAL OF DECISION.—The decision of the Chief of Engineers on all questions concerning the supply of water under this subsection may be appealed only to the Secretary of the

Army. $ 9503. Record of property

The Chief of Engineers shall keep in the office a complete record of all land and other property connected with or belonging to the Washington Aqueduct and other public works under the charge of the Chief of Engineers, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. $ 9504. Reports

As superintendent of the Washington Aqueduct, the Chief of Engineers annually shall submit to the Secretary of the Army, within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year and a report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under the charge of the Chief of Engineers. $ 9505. Paying for main pipes

(a) FEDERAL GOVERNMENT.-The Federal Government shall only pay for the number of main pipes of the Washington Aqueduct needed to furnish public buildings, offices, and grounds with the necessary supply of water.

(b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the cost of any main pipe of the Washington Aqueduct which supplies water to the inhabitants of the District of Columbia, in the manner provided by law. $ 9506. Civil penalty

A person that, without the consent of the Chief of Engineers, taps or opens the mains or pipes laid by the Federal Government is liable to the Government for a civil penalty of at least $50 and not more than $500.

$9507. Control of expenditures

Unless expressly provided for by law, the Secretary of the Army shall direct the expenditure of amounts appropriated for the Washington Aqueduct and for other public works in the District of Columbia

SUBTITLE III-INFORMATION TECHNOLOGY

MANAGEMENT

CHAPTER

Sec. 111. GENERAL

11101 113. RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECH- 11301

NOLOGY. 115. INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS 11501 117. ADDITIONAL INFORMATION RESOURCES MANAGEMENT MAT- 11701

TERS.

CHAPTER 111-GENERAL

Sec.
11101. Definitions.
11102. Sense of Congress.
11103. Applicability to national security systems.
$ 11101. Definitions
In this subtitle, the following definitions apply:

(1) COMMERCIAL ITEM. - The term “commercial item” has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

(2) EXECUTIVE AGENCY.—The term "executive agency” has the meaning given that term in section 4 of the Act (41 U.S.C. 403).

(3) INFORMATION RESOURCES.—The term "information resources” has the meaning given that term in section 3502 of title 44.

(4) INFORMATION RESOURCES MANAGEMENT.—The term "information resources management” has the meaning given that term in section 3502 of title 44.

(5) INFORMATION SYSTEM.-The term "information system" has the meaning given that term in section 3502 of title 44.

(6) INFORMATION TECHNOLOGY.—The term “information technology”

(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use

(i) of that equipment; or

(ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product; (B) includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources; but

(C) does not include any equipment acquired by a federal contractor incidental to a federal contract.

$ 11102. Sense of Congress

It is the sense of Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year through improvements in information resources management by the agency

(1) at least a five percent decrease in the cost (in constant fiscal year 1996 dollars) incurred by the agency in operating and maintaining information technology, and

(2) a five percent increase in the efficiency of the agency

operations. $ 11103. Applicability to national security systems (a) DEFINITION.

(1) NATIONAL SECURITY SYSTEM.—In this section, the term “national security system” means a telecommunications or information system operated by the Federal Government, the function, operation, or use of which

(A) involves intelligence activities;

(B) involves cryptologic activities related to national security;

(c) involves command and control of military forces;

(D) involves equipment that is an integral part of a weapon or weapons system; or

(E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions. (2) LIMITATION.—Paragraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management

applications) (b) IN GENERAL.-Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems. (c) EXCEPTIONS. —

(1) IN GENERAL.-Sections 11313, 11315, and 11316 of this title apply to national security systems.

(2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.

(3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTSBASED MANAGEMENT TO NATIONAL SECURITY SYSTEMS.

(A) IN GENERAL.-Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.

(B) EXCEPTION.-National security systems are subject to section 11303(b)(5) of this title, except for subparagraph

(B)(iv). CHAPTER 113_RESPONSIBILITY FOR ACQUISITIONS OF

INFORMATION TECHNOLOGY

SUBCHAPTER I-DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Sec. 11301. Responsibility of Director. 11302. Capital planning and investment control. 11303. Performance-based and results-based management.

SUBCHAPTER II–EXECUTIVE AGENCIES 11311. Responsibilities.

11312. Capital planning and investment control.
11313. Performance and results-based management.
11314. Authority to acquire and manage information technology.
11315. Agency Chief Information Officer.
11316. Accountability.
11317. Significant deviations.
11318. Interagency support.

SUBCHAPTER III-OTHER RESPONSIBILITIES 11331. Responsibilities regarding efficiency, security, and privacy of federal com

puter systems. 11332. Federal computer system security training and plan. SUBCHAPTER 1-DIRECTOR OF OFFICE OF MANAGEMENT

AND BUDGET $ 11301. Responsibility of Director

In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter. $ 11302. Capital planning and investment control

(a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office of Management and Budget shall perform the responsibilities set forth in this section in fulfilling the responsibilities under section 3504(h) of title 44.

(b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.The Director shall promote and improve the acquisition, use, and disposal of information technology by the Federal Government to improve the productivity, efficiency, and effectiveness of federal programs, including through dissemination of public information and the reduction of information collection burdens on the public. (c) USE OF BUDGET PROCESS.

(1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVESTMENTS.-As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall include explicit criteria for analyzing the projected and actual costs, benefits, and risks associated with the investments.

(2) REPORT TO CONGRESS.—At the same time that the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, the Director shall submit to Congress a report on the net program performance benefits achieved as a result of major capital investments made by executive agencies for information systems and how the benefits relate to the accomplishment of the goals of the executive agencies. (d) INFORMATION TECHNOLOGY STANDARDS.---The Director shall oversee the development and implementation of standards and guidelines pertaining to federal computer systems by the Secretary of Commerce through the National Institute of Standards and Technology under section 11331 of this title and section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3).

(e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS. --The Director shall designate the head of one or more executive agencies, as the Director considers appropriate, as executive agent for Government-wide acquisitions of information technology.

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