B-123698, DEC. 9, 1964

B-123698, DEC. 9, 1964

TO THE HONORABLE R. T. TOOTELL, GOVERNOR, FARM CREDIT ADMINISTRATION:

ON OCTOBER 28, 1964, THE ACTING GOVERNOR OF YOUR AGENCY REQUESTED OUR DECISION WHETHER THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, AS AMENDED, 5 U.S.C. 2061-2066, APPLIES TO THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION.

SECTION 3 OF THE FARM CREDIT ACT OF 1953, PUB.L. 83-202, 67 STAT. 390, 12 U.S.C. 636B, PROVIDES IN PART THAT:

"THE FARM CREDIT ADMINISTRATION SHALL BE AN INDEPENDENT AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. * * * THE FEDERAL FARM CREDIT BOARD, HEREINAFTER PROVIDED FOR, SHALL HAVE DIRECTION, SUPERVISION, AND CONTROL OF THE FARM CREDIT ADMINISTRATION AND OF ITS OPERATIONS AND FUNCTIONS * *

SECTION 4 (A) OF THE ACT, 12 U.S.C. 636C (A) PROVIDES FOR THE ESTABLISHMENT OF THE FEDERAL FARM CREDIT BOARD, REFERRED TO IN THE ACT AS THE "BOARD," CONSISTING OF THIRTEEN MEMBERS, TWELVE OF WHOM ARE APPOINTED BY THE PRESIDENT WITH THE ADVICE AND CONSENT OF THE SENATE.

SECTION 5 (A) OF THE ACT, 67 STAT. 392, 12 U.S.C. 636D (A), PROVIDES THAT:

"THE BOARD SHALL APPOINT A GOVERNOR OF THE FARM CREDIT ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "GOVERNOR") WHO SHALL SERVE AT THE PLEASURE OF THE BOARD, AND WHO SHALL, SUBJECT TO THE GENERAL SUPERVISION AND DIRECTION OF THE BOARD AS TO MATTERS OF A BROAD AND GENERAL SUPERVISORY, ADVISORY, OR POLICY NATURE, AND EXCEPT AS OTHERWISE HEREIN SPECIFICALLY PROVIDED, BE RESPONSIBLE FOR THE EXECUTION OF SECTIONS 636A- 636H, 640B, 640D, 903, 1131C (E), 1131E-1, 1134D, AND 1334L OF THIS TITLE, ALL ACTS SUPPLEMENTAL THERETO, AND ALL ACTS CREATING THE POWERS, FUNCTIONS, AND DUTIES OF THE FARM CREDIT ADMINISTRATION: PROVIDED, HOWEVER, THAT PENDING RETIREMENT OF GOVERNMENT CAPITAL IN INSTITUTIONS SUPERVISED BY THE FARM CREDIT ADMINISTRATION, THE APPOINTMENT OF THE GOVERNOR SHALL BE SUBJECT TO THE APPROVAL OF THE PRESIDENT; AND DURING SUCH PERIOD THE PRESIDENT SHALL HAVE POWER TO REQUIRE THE REMOVAL OF THE GOVERNOR.'

SECTION 303 (D) OF THE FEDERAL EXECUTIVE SALARY ACT OF 1964, TITLE III, PUB.L. 88-426, 78 STAT. 416, PLACES THE SALARY OF THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION AT LEVEL IV OF THE FEDERAL EXECUTIVE SALARY SCHEDULE FOR WHICH THE ANNUAL RATE OF BASIC COMPENSATION IS $27,000.

SECTION 202 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, AS AMENDED, 5 U.S.C. 2061 (A), PROVIDES, WITH CERTAIN EXCEPTIONS NAMED IN SECTION 202 (B), THAT THE ACT SHALL APPLY TO ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES AND IT IS OUR VIEW THAT THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION IS AN OFFICER OF THE UNITED STATES WITHIN THE CONTEMPLATION OF THAT SECTION, UNLESS OTHERWISE EXCEPTED BY SECTION 202 (B) OR (C). SECTION 202 (C) (1), 5 U.S.C. 2061 (C) (1), SPECIFIES IN PERTINENT PART THAT:

"/C) (1) THIS CHAPTER SHALL NOT APPLY TO THE FOLLOWING OFFICERS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT AND OFFICERS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, INCLUDING OFFICERS OF CORPORATIONS WHOLLY OWNED OR CONTROLLED BY THE UNITED STATES:

"/A) PERSONS APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, OR BY THE PRESIDENT ALONE, WHOSE RATES OF BASIC COMPENSATION EXCEED THE MAXIMUM RATE PROVIDED IN THE GENERAL SCHEDULE OF SECTION 1113 OF THIS TITLE:

"/C) SUCH OTHER OFFICERS (EXCEPT POSTMASTERS, UNITED STATES ATTORNEYS, AND UNITED STATES MARSHALS) AS MAY BE DESIGNATED BY THE PRESIDENT. * *

THE GOVERNOR IS NOT EXPRESSLY EXCLUDED FROM THE APPLICATION OF THE ANNUAL AND SICK LEAVE ACT BY THE PROVISIONS OF 5 U.S.C. 2061 (B) OR (C) (1) (A) AND THERE APPEARS TO BE NO AUTHORITY TO EXEMPT THAT OFFICE FROM COVERAGE UNDER 5 U.S.C. 2061 (C) (1) (C) SINCE THE GOVERNOR IS NOT APPOINTED BY THE PRESIDENT. SEE OUR DECISION OF JUNE 22, 1955, B 123698, TO WHICH THE ACTING GOVERNOR'S LETTER REFERS.