Term -Inherently Governmental Function

As a matter of policy, a function that is so intimately related to the
public interest as to mandate performance by Government employees. This
definition is a policy determination, not a legal determination. An
inherently governmental function includes activities that require
either the exercise of discretion in applying Government authority, or
the making of value judgments in making decisions for the Government.
Governmental functions normally fall into two categories: the act of
governing, i.e., the discretionary exercise of Government authority,
and monetary transactions and entitlements.
    (1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as
to:
        (i) Bind
the United States to take or not to take some action by contract,
policy, regulation, authorization, order, or otherwise;
        (ii)
Determine, protect, and advance United States economic, political,
territorial, property, or other interests by military or diplomatic
action, civil or criminal judicial proceedings, contract management, or
otherwise;
        (iii)
Significantly affect the life, liberty, or property of private persons;
        (iv)
Commission, appoint, direct, or control officers or employees of the United States; or
        (v) Exert
ultimate control over the acquisition, use, or disposition of the
property, real or personal, tangible or intangible, of the United
States, including the collection, control, or disbursement of Federal
funds.
    (2) Inherently governmental functions do
not normally include gathering information for or providing advice,
opinions, recommendations, or ideas to Government officials. They also
do not include functions that are primarily ministerial and internal in
nature, such as building security, mail operations, operation of
cafeterias, housekeeping, facilities operations and maintenance,
warehouse operations, motor vehicle fleet management operations, or
other routine electrical or mechanical services.

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