Conversely, others are appointed by the president to term offices but serve the legislative branch and so were not included in the study. They include the comptroller general and deputy comptroller of the United States (General Accounting Office), the librarian of Congress, the architect of the Capitol, the public printer and deputy public printer (Government Printing Office), the nineteen judges of the U.S. Tax Court, and the three members of the Copyright Royalty Tribunal.
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Those serving in the regulatory bodies constitute a specialized genre of presidential appointee. Though appointed by the president and confirmed by the Senate to serve in the executive branch, they, unlike the other PASs, are not subject to presidential discipline. Their term appointment protects them from removal, either by the president who appointed them or by his successor. While the president can replace the chair, that person continues to serve out her or his term on the IRC. Only resignation, death, or malfeasance in office can separate commissioners from their positions before their term expires.
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Therefore, IRC PASs are spared many of the overtly partisan pressures that their other PAS colleagues face. And, indeed, in the interviews the IRC PASs, much like the inspectors general, asserted their independence from the White House. Often, the cases that come before their commission have a White House component or interest, so executive contact with the IRC PASs (ex parte communication) is strictly forbidden. Said one PAS, "The 'I' is very important. It makes the IRCs almost a fourth branch of government." "The IRC has tremendous independence to 'call them as you see them,"' said another, noting that this is particularly healthy for the development of regulatory law.
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Pamela Talkin, a Democratic member of the FLRA, for example, said that she "never felt any pressure from the White House to be or say anything other than what I believed. I feared there would be a time when I might have to take a standit's never come. We were told to take a low profile regarding Bush's reelection campaign. I found myself actually shocked at the lack of partisan pressure and how committed people are to doing their jobs beyond the politics."
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Of course, this did not prevent the White House from exerting pressure on the commissioners. Nevertheless, the IRC PASs interviewed all stressed the independence of their agency. As one put it, "The White House leaves us alone. . . .. We can submit our budget directly to Congress, bypassing OMB if we want to."
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Of all the PASs interviewed, the IRCs seemed the most relaxed as a group, the ones most likely to have the time to think about the larger picture, about the philosophy of law and its application in government, and perhaps, the ones most likely to have time to respond to a GAO survey.
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