PUBLIC LAW 105-270—OCT. 19, 1998 112 STAT. 2385 (B) 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— (i) to bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) 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; (iii) to significantly affect the life, liberty, or property of private persons; (iv) to commission, appoint, direct, or control officers or employees of the United States; or (v) 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. (C) FUNCTIONS EXCLUDED. — The term does not normally include— (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or (ii) 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). SEC. 6. EFFECTIVE DATE. This Act shall take effect on October 1, 1998. Approved October 19, 1998. LEGISLATIVE HISTORY—S. 314: SENATE REPORTS: No. 105-269 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 144 (1998): July 30, considered and passed Senate. Oct. 5, considered and passed House.
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