Reps Evans and LaHood Introduce Bill to Make Lock and Dam Workers Inherently Governmental

Washington, DC – Last week, Representatives Lane Evans (IL-17) and Ray H. LaHood (IL-18) introduced the 2006 Federal Locks and Lock and Dam Facilities Act (HR 5204), a bill that would make roughly 2000 federal lock and dam workers at over 200 lock and dam facilities across the country inherently governmental. 

If passed, this bill would put to rest a planned A 76 competitive sourcing study of lock and dam workers that the Army Corps of Engineers has been planning for years, but has lacked funds to conduct.  The enormous study would be the second largest A 76 competition ever conducted (only the study of flight service workers that sent 2,500 federal jobs to the private sector was bigger).  With lock and dam workers stationed at a multitude of facilities across the country, this would also be one of the most complicated, and possibly the most costly A 76 study ever performed.

Despite currently being considered a commercial activity under the FAIR Act inventory, there is a strong case for making federal lock and dam work an inherently governmental function.  According to a 2002 Department of the Army memo, lockmasters are granted inherently governmental status because they “make locking decisions and direct lock traffic, thereby significantly affecting the life, liberty and property of private persons.”  However, we know that lock and dam workers are making locking decisions and directing lock traffic because while locks are operational 24 hours a day 365 days a year, lockmasters work only a 40 hour week.  Some locks do not even have a lockmaster.  This means that, at a minimum, lock and dam workers are making locking decisions and directing lock traffic when lockmasters are off duty.  As a matter of practice, they may be making these decisions more frequently than that.  Numerous position descriptions and vacancy announcements further substantiate the fact that lock and dam workers are making locking decisions and directing lock traffic. 

“HR 5204 will grant federal lock and dam workers the inherently governmental status they have long deserved,” said Randy Erwin, NFFE Legislative Director.  “Any way you look at it, lock and dam workers are making critical decisions that affect life, liberty, and property.  This bill will make sure they are given status in the government consistent with their critical duties.”

The Evans-LaHood bill has been referred to the House Government Reform Committee.  It currently has 14 cosponsors.