§ 5. DEFINITIONS.
297 words·~1 min read·
/usc/title-31/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
“In this Act: Federal government source .— The term ‘Federal Government source’, with respect to performance of an activity, means any organization within an executive agency that uses Federal Government employees to perform the activity. Inherently governmental function.— Definition .— The term ‘inherently governmental function’ means a function that is so intimately related to the public interest as to require performance by Federal Government employees. Functions included .— The term includes activities that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government, including judgments relating to monetary transactions and entitlements.
An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as— to bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; to 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; to significantly affect the life, liberty, or property of private persons; to commission, appoint, direct, or control officers or employees of the United States; or to 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 appropriated and other Federal funds.
Functions excluded .— The term does not normally include— gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or any function that is 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).