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B-226708 1 (1988-09-06)

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                B-226708

                September 6, 1988


                The Honorable David Pryor, Chairman
                Subcommittee on Federal Services,
                  Post Office, and Civil Service
                Committee on Governmental Affairs
                United States Senate

                Dear Mr. Chairman:

                This is in partial response to your letter of August 14,
                1987, which requested the General Accounting Office to
                undertake a follow-up to ,our April 1987 fact sheet on
                Federal Pay--Executive Salaries in Government-Related
                Banking Organizations, GGD-87-61FS.  Among other things,
                you asked us to review the legality of the Federal Home Loan
                Bank Board's actions in establishing and placing certain of
                its functions in entities that consider themselves not
                subject to the salary limitations in title 5 of the United
                States Code.- This letter and its enclosure address the
                legality of the Bank Board's actions. The following is a
                summary of our conclusions with respect to the five entities
                that we reviewed.

                We conclude that the employees of the Office of Regulatory
                Policy, Oversight and Supervision (ORPOS) (now known as Othe
                Office of Regulatory Activities') and the Office of Finance
                should be regarded as Bank Board employees and, thus,
                federal employees. These two entities are organized
                fundamentally as extensions of the Board itself. They are
                subject to plenary control by. the Board, which appoints
                their principal officers, prescribes their functions, and
                formulates their budgets.

                We also conclude that the employees of the Federal Asset
                Disposition Association (FADA) should be regarded as federal
                employees.- While FADA was. chartered as a federal savings
                and loan association, it does not perform any of the basic
                functions of such an association. Instead, it is wholly
                owned and controlled by the Bank Board and the Federal
                Savings and Loan Insurance Corporation (FSLIC), and its sole
                purpose is to assist FSLIC in carrying out its asset
                management and disposition functions. Even if FADA is a
                legitimate federal savings and loan association, it is also,
                in fact, a wholly owned government corporation. As such,
                its employees should be regarded as federal employees.

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