Inherently Governmental Functions Checklist

Details for Inherently Governmental Functions Checklist

1. Safeguarding national security.

This involves activities related to the protection of the nation's borders, critical infrastructure, and confidential information.

2. Making decisions that commit the government to a specific course of action.

Government officials must make decisions that bind the government to specific contractual obligations or legal commitments.

3. Exercising sovereign authority.

The exercise of government authority, such as taxation, lawmaking, and regulation, should be solely performed by government entities.

4. Determining federal policy.

Setting and defining government policies and strategies that impact the nation's direction and priorities.

5. Directing and controlling federal employees.

The authority to manage and supervise federal employees, including hiring, firing, and disciplinary actions, is an inherently governmental function.

6. Ensuring compliance with federal laws and regulations.

Ensuring that federal laws and regulations are adhered to and enforced by qualified government personnel.

7. Administering justice and law enforcement.

Functions related to the judicial system, law enforcement, and the administration of justice should remain within government control.

8. Commanding military forces.

The authority to command and control military forces, make strategic decisions, and deploy troops falls under inherently governmental functions.

9. Managing federal property and resources.

Management of federal assets, property, and resources should be overseen by government agencies to ensure accountability and transparency.

10. Conducting foreign relations.

Engaging in diplomacy, negotiations, and international agreements should be carried out exclusively by government officials.

FAQ for Inherently Governmental Functions Checklist

1. What happens if an activity is deemed inherently governmental?

If an activity is classified as inherently governmental, it must be performed by federal employees to ensure accountability, transparency, and the protection of the public interest.

2. Can inherently governmental functions be outsourced?

No, inherently governmental functions should not be outsourced to private contractors or non-governmental entities to maintain government control and accountability.

3. How is the determination made that a function is inherently governmental?

The determination is typically made through a thorough analysis of the specific function's nature, its impact on the government's core mission, and the potential risks associated with outsourcing.

4. Are there any exceptions to the rule that inherently governmental functions must be performed by government personnel?

There can be limited exceptions, but they are rare and must be carefully justified and documented to ensure that public interests are safeguarded.

5. What are the consequences of improperly outsourcing inherently governmental functions?

Improper outsourcing can lead to a loss of control, accountability, and oversight, potentially compromising national security, public safety, and the efficient operation of government.

In Summary

The Inherently Governmental Functions Checklist serves as a fundamental framework for delineating tasks that must be exclusively undertaken by government personnel. By clearly defining what constitutes inherently governmental functions, it upholds the core principles of transparency, accountability, and the protection of public interests within government operations. Properly implemented, this checklist ensures that government agencies fulfill their essential roles while maintaining the integrity of government functions.

ChecklistComplete

Inherently Governmental Functions Checklist

Safeguarding national security.

Making decisions that commit the government to a specific course of action.

Exercising sovereign authority.

Determining federal policy.

Directing and controlling federal employees.

Ensuring compliance with federal laws and regulations.

Administering justice and law enforcement.

Commanding military forces.

Managing federal property and resources.

Conducting foreign relations.