[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5204 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5204

  To designate certain functions as inherently governmental, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2006

 Mr. Evans (for himself and Mr. LaHood) introduced the following bill; 
        which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
  To designate certain functions as inherently governmental, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Locks and Lock and Dam 
Facilities Act of 2006''.

SEC. 2. INHERENTLY GOVERNMENTAL DETERMINATION.

    (a) In General.--
            (1) Inherently governmental.--For purposes of section 2(a) 
        of the Federal Activities Inventory Reform Act of 1998 (112 
        Stat. 2382), water and navigational resource projects and 
        facilities, including the operation and maintenance of locks 
        and lock and dam facilities, are considered national critical 
        infrastructures and the operation and maintenance of locks and 
        lock and dam facilities are considered inherently governmental 
        functions that require performance by Federal employees.
            (2) Transfer.--The transfer of any function described in 
        paragraph (1) to a different agency shall not change the 
        inherently governmental function determination which requires 
        performance of such functions by Federal employees.
    (b) Exceptions.--Notwithstanding subsection (a), the Army Corps of 
Engineers may continue to contract--
            (1) for private sector performance of functions related to 
        the operation and maintenance of locks and lock and dam 
        facilities that are performed under contracts with the private 
        sector in effect on March 1, 2006, except that nothing in this 
        section shall prevent the Army Corps of Engineers from using 
        Federal employees to perform such functions in the future; and
            (2) with the private sector to construct new locks and lock 
        and dam facilities.
    (c) Definition.--For purposes of this section, the term ``operation 
and maintenance of locks and lock and dam facilities'' includes all 
activities associated with operation, maintenance, and repair of locks 
and lock and dam facilities as well as surrounding areas and associated 
facilities and equipment, including embankments, floodgates, spillways, 
outlet works, levees, pumping structures, and moveable bridge spans 
over navigable waterways necessary for the transit of vessels; opening 
and closing the lock gates to permit transit of vessels and giving 
directions to vessel pilots transiting locks; actions related to the 
release of water from lock and dam facilities, such as the operation of 
spillway gates and other outlet works, for flood control or maintenance 
of a navigation pool; related to enforcement of laws, rules, and 
regulations on site at locks and locks with dam facilities; and 
contract management and oversight.
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