Page 1 GAO-13-299R Presidential Appointments

United States Government Accountability Office

Washington, DC 20548

March 1, 2013

The Honorable Thomas R. Carper

Chairman

The Honorable Tom Coburn

Ranking Member

Committee on Homeland Security and Governmental Affairs

United States Senate

The Honorable Darrell E. Issa

Chairman

The Honorable Elijah E. Cummings

Ranking Member

Committee on Oversight and Government Reform

House of Representatives

Subject: Characteristics of Presidential Appointments that do not Require Senate 

Confirmation

On August 10, 2012, the President signed into law the Presidential Appointment Efficiency 

and Streamlining Act of 2011 (Streamlining Act of 2011).1 The act eliminated the need for 

the Senate to vote on 163 executive nominations, converting them to presidentially 

appointed positions.2

As agreed, in discussions with your offices about our scope, the objective of this review was 

to describe the characteristics of executive branch PA positions in existence prior to the 

implementation of the Streamlining Act of 2011. Specifically, we describe the numbers, 

types (e.g., members of commissions, councils, advisory boards, etc.), responsibilities, 

locations, dates established, length of terms, and salaries, as well as common 

characteristics among the presidentially appointed positions and how they differ from other 

types of positions. Based on available Office of Personnel Management (OPM) data, we 

also provide information on the total number of staff employed by the entities with 

presidentially appointed positions. We provided a briefing of this summary to the Senate 

Committee on Homeland Security and Governmental Affairs and House Committee on 

The act required GAO to report to Congress and the President on 

positions in executive agencies that require appointment by the President without Senate 

confirmation (PA).

 

1

Pub. L. No. 112-166, 126 Stat. 1283

2

For a more detailed description of the Streamlining Act of 2011, see Presidential Appointments, the Senate’s 

Confirmation Process, and Changes Made in the 112th Congress (Washington, D.C.: Oct. 9, 2012)
Page 2 GAO-13-299R Presidential Appointments

Oversight and Government Reform on February 7, 2013. This report formally transmits the 

information provided in that briefing.

To describe the characteristics of PA positions in the executive branch, we identified the list 

of PA positions from the 2012 “United States Government Policy and Supporting Positions” 

report commonly known as the Plum Book, which is developed by OPM and alternately 

published by the House of Representatives and Senate every 4 years.3

The PA positions described in our review are based primarily on those positions listed in the 

2012 Plum Book. However, we excluded 34 PA positions either because we determined, 

based on applicable laws, that they were incorrectly listed as PA positions in the publication 

or they were created by the Streamlining Act of 2011 and outside the scope of this review. 

We also included two PA positions within organizations listed in our review that were 

incorrectly omitted from the Plum Book.

We categorized, 

summarized, and described the positions based on information gathered from the Plum 

Book, applicable laws, treaties and compacts, agency websites, and discussions and 

documentation provided by OPM officials and officials in the Office of Administration within 

the Executive Office of the President (EOP). We also obtained and reported OPM data on 

the total number of staff employed by the entities with presidentially appointed positions, 

which do not include unpaid employees or officials.

4

We conducted our work from October 2012 to February 2013 in accordance with all sections

of GAO’s Quality Assurance Framework that are relevant to our objectives. The framework 

requires that we plan and perform the engagement to obtain sufficient and appropriate 

evidence to meet our stated objectives and to discuss any limitations in our work. We 

believe that the information and data obtained, and the analysis conducted, provide a 

reasonable basis for any findings and conclusions in this product.

We provided examples of these and other 

inaccuracies to OPM to facilitate correcting future Plum Book publications. Our methodology 

did not include determining to what extent the 2012 Plum Book is a comprehensive listing of 

all PA positions. As a result, there may be PA positions that are not listed in the Plum Book 

and therefore, are not described in this review. Also, as agreed, we did not include the 

positions created by the Streamlining Act of 2011.

 

3

See Unnumbered Committee Print; House Committee on Oversight and Governmental Reform, 112th Cong., 

U.S. Government Policy and Supporting Positions (Comm. Print 2012).

4

We excluded: the Director of the Institute of Education Sciences in the Department of Education; the Assistant 

Administrator of Economic Growth Agriculture and Trade in the United States Agency for International 

Development; the Administrator of Rural Utilities Service and the Assistant Secretary in the Office of the 

Assistant Secretary for Administration in the Department of Agriculture; the Deputy Director of the Office of 

Supply Reduction in the Office of National Drug Control Policy within the EOP; the Deputy General Counsel in 

the Office of Management and Budget; 10 officials in the Office of the Vice President; 10 officials in the 

Millennium Challenge Corporation; 3 board members of the Social Security Administration Advisory Board; the 

Alternate Federal Member of the Delaware River Basin Commission; the Chairman of the Federal Mine Safety 

and Health Review Commission, a member of the Interstate Commission on the Potomac River Basin; and 2 

member positions in the Holocaust Museum Commission. We included one additional member of the Dwight D. 

Eisenhower Memorial Commission and the Director of Staff in the Civil Rights Commission. Please see appendix 

IV of the attached briefing for a more detailed description of the PA positions that we excluded as well as the two 

PA positions that we included in our review.
Page 3 GAO-13-299R Presidential Appointments

In summary, we found the following:

• There are 321 PA positions governmentwide, which fall into three general groups—

67 percent of PA positions exist within commissions, councils, committees, boards 

or foundations; another 29 percent of PA positions are within the EOP; and the 

remaining 4 percent are within other federal departments or agencies.5 Within each 

of these three groups, PA positions are concentrated in a small number of entities. 

For example, although there are 214 PA positions within 23 councils, commissions, 

committees, or boards, 70 percent of these positions are concentrated in eight 

organizations, such as the U.S. Holocaust Memorial Council, U.S. Commission for 

the Preservation of America’s Heritage Abroad, and Committee for Purchase from 

People Who Are Blind or Severely Disabled. Similarly, 81 percent of PA positions in 

the EOP are located in one of the five offices with PAs—the White House Office.

Only seven federal departments or agencies have PA positions, more than a third 

of which are within the Department of State.6

• The responsibilities of PAs vary between the three general groups of PAs. PAs in 

commissions, councils, committees, boards, or foundations often serve in an 

advisory capacity and, at times, have specific responsibilities to evaluate, oversee, 

or establish policy to implement the organizations’ mission. The majority of PAs 

within the EOP provide advisory and administrative support to the President on a 

range of issues, including policy advice on national security, homeland security, 

domestic policy, and economic policy, as well as assistance in managing relations 

with key stakeholders, such as Congress, executive departments and agencies, 

and state and local governments. Responsibilities for PAs within federal 

departments or agencies vary. Some serve as assistants or advisors to Presidential 

Appointments with Senate confirmation (PAS) officials and as U.S. representatives 

to United Nations organizations.7

• Presidents have significant latitude in determining the selection of PA officials.

However, at times, statutes prescribe the required qualifications for selected PAs or 

the population from which they must be chosen. These requirements occur more 

often for PA appointments to a commission, council, committee, board or 

foundation.

Others have more central leadership roles, such 

as the Director of the National Cancer Institute who coordinates the National 

Cancer Program. PA officials may also exercise the duties of agency heads in the 

event of their absence. For example, the Central Intelligence Agency Deputy 

Director has been functioning as the Acting Director for the agency, responsible for 

managing the operations, personnel and budget of the Central Intelligence Agency.

 

5

See the detailed description of these PA positions in the interactive graphics on slides 18, 26, and 33 in the 

enclosure or in the corresponding appendices to the slides, appendixes I, II, and III, respectively.

6

These PA positions do not include those created under the Streamlining Act of 2011. 

7

For example, some PAs serve as representatives of the United States to United Nations agencies and are 

responsible for guiding U.S participation in international economic and human rights issues.
Page 4 GAO-13-299R Presidential Appointments

• Salaries for PA positions vary between the three general groups of PAs. For 

example, positions with the EOP and federal departments and agencies are 

typically full time positions without term limits that are paid a salary ranging from 

$99,628 to about $180,000.8

• The majority of PA positions are located in Washington, D.C., and were created 

within the last 43 years. For example, while one of the 321 PA positions was 

established as early as 1889 at the International Boundary and Water Commission, 

the majority of these positions—which are in councils, commissions, committees, 

boards, or foundations—were created between 1970 and 2000.

However, PAs appointed to a commission, council, 

committee, board or foundation are typically paid a daily rate of pay only while 

serving or are not compensated. These positions most often serve a term between 

3 and 6 years and their service is intermittent.

9

• Overall, PAs differ from other types of political appointments in three key areas: 

number of positions, rate of pay, and level of responsibilities. Out of the four major 

categories of politically appointed positions—PAS, PAs, politically appointed Senior 

Executive Service, and Schedule C appointees—PAs represent the smallest 

number (9 percent).10

We provided a draft of this letter and enclosed briefing slides to the Director of OPM and the 

Chief Administrative Officer within the EOP’s Office of Administration for review and 

technical comment. We received technical comments from the EOP, which we incorporated 

as appropriate. OPM did not have comments.

Moreover, as previously noted, the majority of all PAs are 

typically not paid a salary. Other politically appointed positions are typically paid a 

salary that ranges between about $110,000 to $180,000. PAs have a significant 

level of responsibility in implementing the Administration’s goals, but often are 

subordinate to a PAS position. PAS positions are at the top of the federal personnel 

hierarchy and are often responsible for making key policy decisions to implement 

an administration’s goals (e.g., cabinet members). Politically appointed Senior 

Executive Service and Schedule C officials have key responsibilities in 

implementing government operations—such as overseeing government activities 

and serving in confidential or policy-determining positions, respectively. However, 

they often serve in positions that are subordinate to PAs.

 

8

As an outlier, the Director of the National Cancer Institute is a PA position within the Department of Health and 

Human Services that receives a salary of $350,000.

9

The International Boundary and Water Commission consists of a U.S. section and a Mexican section that 

develop binational solutions to issues that arise during the application of U.S.-Mexico treaties regarding 

boundary demarcation, national ownership of waters, sanitation, water quality, and flood control in the border 

region.

10In addition to PAs, three other major categories of politically appointed positions are: PAS positions, which are 

at the top of the federal personnel hierarchy in terms of responsibility; Politically appointed Senior Executive 

Service (SES), which are political appointees that are added as noncareer members of the SES; and Schedule C 

appointees positions, which are of a confidential or policy-determining nature, but generally in subordinate roles 

to PAS, PA, and SES positions (e.g., staff assistant, speechwriter, etc.).
Page 5 GAO-13-299R Presidential Appointments

We are sending copies of this correspondence to the appropriate congressional committees 

and the Executive Office of the President. The correspondence is also available at no 

charge on the GAO website at http://www.gao.gov. Should you or your staff have any 

questions on the matters discussed in this report, please contact me at (202) 512-6806 or 

mihmj@gao.gov. Contact points for our offices of Congressional Relations and Public Affairs 

may be found on the last page of this report. GAO staff who made key contributions to this 

correspondence are William Reinsberg, Assistant Director; Latesha Love; Vida Awumey; 

Karin Fangman; and Rebecca Shea.

J. Christopher Mihm

Managing Director

Strategic Issues

Enclosure 1 
Briefing for the Senate Committee on Homeland Security and 

Governmental Affairs and House of Representatives 

Committee on Oversight and Government Reform 

 

Characteristics of Presidential Appointments 

That Do Not Require Senate Confirmation 

February 7, 2012 

Page 1 
Contents 

• Background 

• Objective, Scope, and Methodology 

• Summary 

• Characteristics of Presidential Appointments (PA) that do not Require 

Senate Confirmation 

• Commissions, Councils, Committees, Boards, and Foundations

• Executive Office of the President 

• Departments and Agencies 

• General Comparisons between PA and Other Types of Politically 

Appointed Positions 

Page 2 
Background 

• On August 10, 2012, the President signed into law the 

Presidential Appointment Efficiency and Streamlining Act of 2011 

(Streamlining Act of 2011).1 

• The act eliminated the need for the Senate to confirm 163 

executive nominations, converting them to presidentially 

appointed positions.2 

• The act required GAO to report to Congress and the President 

on positions in executive agencies that require appointment by 

the President without Senate confirmation (PAs). 

Page 3 

1 Pub. L. No. 112-166,126 Stat.1283. 

2 See Congressional Research Service report, Presidential Appointments, the Senate’s Confirmation Process, and Changes Made in the 112th Congress 

(Washington, D.C.: Oct.9, 2012). 
Background (cont.) 

• Political appointments are for individuals who make or advocate administration policy 

or support those positions. Individuals serving in political appointments generally serve 

at the pleasure of the appointing authority and do not have the job protections afforded 

to those in career-type appointments. There are four major categories of politically 

appointed positions: 

• Presidential Appointees with Senate confirmation (PAS)—positions that are at the top 

of the federal personnel hierarchy in terms of responsibility. 

• PA positions that typically serve on advisory committees, commissions, foundations, or 

in the Executive Office of the President. 

• Politically appointed Senior Executive Service (SES)—political appointees that are 

added as noncareer members of the SES.3 

• Schedule C appointees—positions of a confidential or policy-determining nature, but 

generally in subordinate roles to PAS, PA, and SES positions (e.g., staff assistant, 

speechwriter, etc.). 

Page 4 

3 For purposes of our review, we include all SES general positions filled by noncareer appointment and for a limited emergency or limited term. This number may 

include SES positions that are not political appointments because limited and emergency term appointments may be political or nonpolitical in nature. 
Objective, Scope, and Methodology 

• Objective: 

• As agreed in discussions with your offices about our scope, the objective of this review was 

to describe the characteristics of executive branch PA positions in existence before the 

implementation of the Streamlining Act of 2011. Specifically, we describe the numbers, types 

(e.g., members of commissions, councils, advisory boards, etc.), responsibilities, locations, 

dates established, length of terms, and salaries, as well as common characteristics among 

the presidentially appointed positions and how they differ from other types of positions. 

• Scope and Methodology: 

• To describe the characteristics of PA positions in the executive branch, we identified the list 

of PA positions from the 2012 United States Government Policy and Supporting Positions 

report commonly known as the Plum Book, which is developed by the Office of Personnel 

Management (OPM) and alternately published by the House and Senate every 4 years.4 We 

categorized, summarized, and described the positions based on information gathered from 

the Plum Book, applicable laws, treaties, and compacts, agency websites, and discussions 

and documentation provided by officials in OPM and the Office of Administration with the 

Executive Office of the President (EOP).5 We also obtained and reported OPM data on the 

total number of staff employed by the entities with presidentially appointed positions, which 

do not include unpaid employees or officials. 

Page 5 

4 The PA positions discussed in this briefing are based on data in the 2012 Plum Book that were reported by agencies to OPM as of October 2012. 

5

 In accordance with the Streamlining Act of 2011, we report information for PAs in the executive branch. Therefore, positions in the legislative and judicial 

branches are not included in our scope. 
Objective, Scope, and Methodology (cont.) 

• Although the PA positions described in our review are based on positions listed in the 

2012 Plum Book, we excluded 34 PA positions that we determined, based on applicable 

laws, that they were either incorrectly listed as PA positions in the publication or were 

created by the Streamlining Act of 2011 and outside of the scope of this review. We also 

included two PA positions within organizations listed in our review that were incorrectly 

omitted from the Plum book.6 We provided examples of these and other inaccuracies that 

we identified to OPM to facilitate correcting future Plum Book publications. Our 

methodology did not include determining to what extent the 2012 Plum Book is a 

comprehensive listing of all PA positions. As a result, there may be PA positions omitted 

from the Plum Book that are not included in the scope and therefore are not described in 

this review. 

• We provided a draft of these briefing slides and the corresponding letter to the Director of 

OPM and the Chief Administrative Officer within the EOP’s Office of Administration for 

review and technical comment. We received technical comments from the EOP, which we 

incorporated as appropriate. OPM did not have comments. 

• We conducted our work from October 2012 to February 2013 in accordance with all 

sections of GAO’s Quality Assurance Framework that are relevant to our objectives. The 

framework requires that we plan and perform the engagement to obtain sufficient and 

appropriate evidence to meet our stated objectives and to discuss any limitations in our 

work. We believe that the information and data obtained, and the analysis conducted, 

provide a reasonable basis for any findings and conclusions in this product. 

Page 6 

6 Please see appendix IV for a list of the PA positions included in the 2012 Plum Book that we excluded from our review and the two PA positions within 

organizations listed in our review that were incorrectly omitted from the Plum Book. 
Summary of Characteristics of PA Positions 

• There are 321 PA positions governmentwide, which fall into three general 

groups. 

Page 7 

Source: GAO analysis of 2012 data from the 2012 Plum Book, the Executive Office of the President (EOP), agency documents, and related laws. 

67%

29% 

4%

321 PA Positions

Commissions, Councils, Committees, 

Boards or foundations (214 PAs)

Executive Office of the President (94 

PAs)

Departments or Agencies (13 PAs)
Summary of Characteristics of PA Positions (cont.) 

• Within each of the three groups of PAs (commissions and other organizations, EOP, or 

departments or agencies) PA positions are concentrated in a small number of entities. 

• The responsibilities of PAs vary between the three general groups of PAs, and range 

from serving in an advisory capacity on commissions or boards to exercising the duties 

of agency heads in the event of their absence. 

• Presidents have significant latitude in determining the selection of PAs. However, at 

times, statutes prescribe the required qualifications for selected PAs or the population 

from which they must be chosen. 

• Salaries for PA positions vary between the three general groups of PAs. For example, 

positions with the EOP and federal departments and agencies are typically full-time 

positions paid a salary between $110,000 to $179,700. However, the majority of PAs 

who are appointed to a commission, council, committee, board or foundation typically 

serve intermittently and are paid a daily rate of pay while serving or are not 

compensated. 

• The majority of PA positions are located in Washington, D.C., and were created or 

authorized within the last 43 years. 

Page 8 
Summary of Characteristics of PA Positions (cont.) 

• Overall, PAs differ from other types of political appointments in three key areas: 

number of positions, rate of pay, and level of responsibilities. 

• Out of the four major categories of politically appointed positions—PAS, PAs, 

politically appointed Senior Executive Service, and Schedule C appointees—PAs 

represent the smallest number (9 percent). 

• Moreover, while the majority of all PAs are typically not paid a salary, the other 

three types of politically appointed positions are paid a salary that ranges from 

$27,431 to $199,700. 

• PAs have a significant level of responsibility in implementing an administration's 

goals, but often are subordinate to a PAS. PAS positions are charged with making 

key policy decisions to implement an administration's goals (e.g., cabinet 

members). Politically appointed Senior Executive Service and Schedule C officials 

have key responsibilities in implementing government operations—such as 

overseeing government activities and serving in confidential or policy-determining 

positions, respectively. However, they often serve in positions that are subordinate 

to PAs. 

Page 9 
Commissions, Councils, Committees, Boards, 

and Foundations

Executive Office of the President 

Federal Departments and Agencies 

Page 10

Characteristics of Presidential Appointments 

That Do Not Require Senate Confirmation 
PAs in Commissions, Councils, Committees, 

Boards, and Foundations 

• There are 214 PAs 

within 23 councils, 

commissions, 

committees, or boards 

with PAs,7 however, the 

majority of these PA 

positions are 

concentrated in eight 

organizations. 

Page 11

55 PAs 15 PAs8 

13 PAs 12 PAs 11 PAs 11 PAs 

7 See detailed descriptions of the 214 positions in the interactive graphic on slide 18 and in appendix I. 

8 Eleven of these PAs must be employees of specified agencies. 

21 PAs 13 PAs 
Organization of PAs in Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Page 12

• PA members often serve in organizations with other appointed 

members, including representatives from Congress, federal 

agencies, or state and local governments, or members selected 

by Congress, or state or local leaders. 

• Of these 214 PA members, 136 serve on bodies with other types 

of appointed or selected officials. 

• For example, the National Capital Planning Commission consists of three PAs, two 

appointments of the Mayor of Washington, D.C., and the following ex-officio 

members:9 the Mayor of Washington, D.C; Chair of the D.C. Council; the 

Chairman of the House Committee on Oversight and Government Reform; 

Chairman of the Senate Committee on Homeland Security and Governmental 

Affairs; and the Secretaries of Defense and Interior, and Administrator of the 

General Services Administration. 

9 Ex-officio members may designate an alternate individual to represent the official. 
Responsibilities of PA Positions in 

Commissions, Councils, Committees, Boards, 

and Foundations 

• As part of this advisory council, PA members work with other council members 

to promote the preservation, enhancement, and productive use of the nation's 

historic resources, and advise the President and Congress on national historic 

preservation policy. The council recommends administrative and legislative 

improvements for protecting the nation's heritage; advocates full consideration 

of historic values in federal decision-making; and reviews federal programs 

and policies to promote effectiveness, coordination, and consistency with 

national preservation policies. 

Advisory Council 

on Historic 

Preservation 

• The PAs that make up this board provide advice on nuclear waste matters and 

are also required by law to evaluate the technical and scientific validity of 

Department of Energy (DOE) activities related to implementing the Nuclear 

Waste Policy Act, as well as perform an ongoing technical peer review of DOE 

activities related to spent nuclear fuel and high-level radioactive waste. 

Nuclear Waste 

Technical Review 

Board 

• This panel within the Federal Labor Relations Authority is made up of PAs 

who are responsible for providing assistance in resolving negotiation 

impasses between agencies and unions. After investigating an impasse, the 

panel can either recommend procedures to the parties for the resolution of the 

impasse or assist the parties in resolving the impasse through whatever 

methods and procedures it considers appropriate. If the parties do not arrive 

at a settlement after assistance by the panel, the panel may hold hearings 

and take whatever action is necessary to resolve the impasse. 

Federal Service 

Impasses Panel 

Page 13

• PAs in these organizations serve in an advisory capacity or, at times, have specific 

responsibilities to evaluate, oversee, or establish policy to implement their 

organization’s mission. For example: 

 
Page 14

• As part of their duties on commissions, councils, committees, boards, 

or foundations, PAs and other members submit annual or semi-annual 

reports to Congress on their progress in implementing their 

organization’s mission. For example:

• At least twice each year, the Nuclear Waste Technical Review Board reports 

findings and recommendations from its evaluation of DOE activities related to 

the Nuclear Waste Policy Act to Congress and the Secretary of Energy. 

• The U.S. Commission on International Religious Freedom, whose principle 

responsibilities are to review the facts and circumstances of violations of 

religious freedom internationally, is required to provide an annual report to the 

President, the Secretary of State, and Congress with policy recommendations 

on countries that have engaged in (or tolerated) violations of religious 

freedom and countries found to be making significant improvements with 

respect to religious freedom. 

Responsibilities of PA Positions in 

Commissions, Councils, Committees, Boards, 

and Foundations (cont.) 
Qualifications of PA Positions in Commissions, 

Councils, Committees, Boards, and Foundations 

Page 15

• Although Presidents often have significant latitude in determining the 

selection of PA officials; for some PA positions, statutes prescribe the 

required qualifications or the pool from which members of a 

commission, council, committee, board, or foundation must be 

selected. For example: 

• The Arctic Research and Policy Act of 1984, as amended, requires that the Arctic 

Research Commission be composed of seven PAs, with the Director of the National 

Science Foundation serving as a nonvoting, ex officio member. The PAs must include 

four from academic or research institutions with expertise in Arctic research; one 

indigenous resident of the Arctic who lives in an area directly affected by Arctic 

resource development; and two representatives of the needs and interests of private 

industry undertaking resource development in the Arctic. 

• The National Historic Preservation Act, as amended, specifies that the Advisory 

Council on Historic Preservation shall be composed of 23 members, including 11 

PAs—4 from the general public, 4 experts, a governor, a mayor, and a member of an 

Indian tribe or native Hawaiian organization. Seven other members are heads of 

federal agencies designated by the President. The remaining five members are 

specified by the act. 
Salaries of PA Positions in Commissions, 

Councils, Committees, Boards, and Foundations 

Page 16

• Ninety-nine percent of PAs are paid a daily rate of $634 or less while serving or are 

not compensated. The remaining 1 percent of PAs are paid an executive level V and 

III salary, which in fiscal year 2012 was $145,700 and $165,300, respectively.10

Source: GAO analysis of 2012 Plum Book, related laws, OPM Central Personnel Data File/ Enterprise Human Resources Integration databases

a As an outlier, the Advisory Council on Historic Preservation, pays its PAs a daily pay rate of $100. 

10 For a detailed description of the salary for each organization, see the interactive graphic on slide 18 and appendix I. 

2

(1%)

139

(65%)

73 

(34%)

0

20

40

60

80

100

120

140

160

Salary-Executive Level 

III-V ($145,700-$165,300) 

Daily Pay Rate 

($382-$634)a

No Compensation

Salary Levels for PAs in Organizations

Number of PAs 
Establishment, Locations, and Terms of PA 

Positions in Commissions, Councils, 

Committees, Boards, and Foundations 

Page 17

• About 89 percent of these PAs serve terms that range from 3 to 6 years.12 

• In 21 of the 23 organizations, the PAs serve intermittently, while in the remaining two 

organizations, PAs serve on a full-time basis. The frequency with which the entities 

with PAs meet depends on the purpose and function of the group. Some of these 

organizations only meet twice a year, while others meet monthly. 

• For example, the International Boundary and Water Commissioner works full-time to 

implement United States-Mexico treaties regarding issues that affect the border region, 

while the American Battle Monuments Commission normally meets twice a year to oversee 

the maintenance of military cemeteries, memorials, monuments, and markers. 

Length of Service 

Establishment and location 

• While 1 of the 214 PA positions was established as early as 1889, the majority of 

these PA positions were created between 1970 and 2012. 

• Eighteen of these 23 organizations led by PAs are located in the Washington, 

D.C. metropolitan area. Other positions are spread out across the United 

States.11

11 See detailed description of the establishment, location, and length of service for each organization in the graphic on slide 15 and appendix I. 

12 In some instances, members of these bodies can serve more than one term. 
Note: For all positions that provide a daily rate of pay 

equivalent to a specified salary level, this pay is provided only 

for days spent performing PA position duties, which may be 

intermittent. This pay also does not apply to PA officials who 

are already employed by the government. In addition, unpaid 

employees or officials are not captured in OPM data on the 

total number of employees.

2005

Print instructions To print text version of this graphic, go to appendix I.

Interactive graphic Figure 1: PA positions in Commissions, Councils, Committees, Boards, and Foundations

Directions:

Mouse over bars in bar chart chart below for more information about each organization’s PA positions

Total number of positions

Year established

Facts

1885

60

50

40

30

20

10

0

55

15

13 13 12 11 11

7 7 6 5 4 33 2 1 1 1

Page 18

5 7 6

21

5

Source: GAO analysis of 2012 Plum Book, applicable laws, and agency 

documents.
Commissions, Councils, Committees, Boards, and 

Foundations 

Executive Office of the President

Federal Departments and Agencies 

Page 19

Characteristics of Presidential Appointments 

That Do Not Require Senate Confirmation 
PA Positions in the Executive Office of the 

President 

Page 20

• The Executive Office of the President (EOP) was established in 

1939 and has responsibility for providing advisory and 

administrative support to the President. 

• While Senate confirmation is required for some positions within the 

EOP, such as the Director of the Office of Management and 

Budget, other positions are PAs appointed with full Presidential 

discretion, such as the Press Secretary or the Assistant to the 

President for Homeland Security and Counterterrorism. 

• There are 94 PA positions in the EOP—which accounts for the 

largest group among the four major categories of political 

appointments in the office. 

• By comparison, there are 29 PAS, 22 politically appointed SES, and 43 

Schedule C positions. 
Organization of PA Positions in the Executive 

Office of the President 

Page 21

• The 94 PA positions in the EOP exist within 5 offices, with the majority of 

these positions (76 of the 94) located within the White House Office.13

13 See detailed descriptions of 94 positions in the Interactive graphic on slide 26 and appendix II. 

81%

15%

4% 94 EOP PA Positions

White House Office (76)

Office of Policy Development 

(14)

Office of Administration, National 

Security Council, and OMB (4)

Source: GAO analysis of 2012 data from the 2012 Plum Book, the Executive Office of the President and related laws
Responsibilities of PA Positions in the 

Executive Office of the President 

Page 22

• PAs within the EOP provide advisory and administrative support to the 

President on a range of issues, including policy advice on national security, 

homeland security, domestic policy, and economic policy, as well as 

assistance in managing relations with key stakeholders, such as Congress, 

executive departments and agencies, and state and local governments. 

• According to the EOP, PA officials in the EOP oversee or assist in leading 

offices that have changed over time. These offices, which were formed by 

Congress or the President as needed, evolve as each President identifies his 

needs and priorities. 

• For example, according to EOP officials, after September 11, 2001, and prior to 

the creation of the Department of Homeland Security, appointments were made 

within the White House Office related to the conflict against Al Qaeda, the Taliban 

and associated forces. 
Qualifications of PA Positions in the Executive 

Office of the President 

Page 23

• For positions in the EOP, qualifications are generally not 

prescribed in statute. The President maintains significant latitude 

in determining the selection of these PA officials. However, 

Congress has prescribed qualifications for governmentwide 

positions like Chief Financial Officer positions (CFO), which also 

apply to the CFO position within the EOP.14

14 For example, Congress specified that those appointed or designated as CFOs are to possess demonstrated ability in general management of, 

knowledge of and extensive practical experience in financial management practices in large governmental or business entities. 
Salaries of PA Positions in the Executive Office 

of the President 

Page 24

• Salaries for the majority of the 94 PA officials in the EOP are administratively 

determined—at the President’s discretion, subject to various caps established by law.15

EOP PAs are compensated at salary levels ranging from $110,000 to $172,200.16 The 

average salary in fiscal year 2012 was $142,691.

15 The appointment and compensation authorities set forth under 3 U.S.C. §§105 and 107 generally provide for a limited number of positions paid at the higher salary levels 

(Executive Schedule II, III, and IV) and no limits on the number of positions paid at the lower salary levels ($119,554 or less). Three positions within the EOP were specifically 

established by laws which authorized a specific salary for each position. 

16 Seventy-two of the 94 positions are compensated at salary levels ranging from $130,000 to $172,200. These positions exist in the White House Office (59 positions), the 

Office of Policy Development (9 positions), the Office of Administration (2 positions), the National Security Council (1 position), and OMB (1 position). 

Source: 2012 Plum Book, the Executive Office of the President and related laws.

$145,000 

$150,000 

$155,000 

$160,000 

$165,000 

$170,000 

$175,000 

White House Office National Security Council Office of Management 

and Budget

Office of Adminstration Office of Policy 

Development

Salary

EOP entity

Salaries of the 94 EOP PAs

$155,500 and 

$158,800

(2 PAs)

$165,300

(1 PA)

$155,500

(1 PA)

$110,000 to

$172,200

(76 PAs)

$120,000 to

$158,500

(14 PAs)
Establishment and Terms of PA Positions in 

the Executive Office of the President 

• In 1939, Congress provided the President with authority to 

appoint up to six positions in the EOP.17 Over the years, 

Congress provided the President with additional appointment 

authority, often through annual appropriations acts. In 1978, 

Congress provided permanent authorization for the appointment 

and compensation of assistants and advisors in the EOP.18

Congress has also created specific positions within the various 

offices of the EOP. 

• There are no specified term limits for these officials; they serve 

at the will of the President.

• All of the positions are located in Washington, D.C. 

Page 25

17 Reorganization Act of 1939, ch. 36, §301, 53 Stat. 561, 565 (Apr. 3, 1939). 

18 Pub.L.No.95-570, 92 Stat. 2445 (Nov. 2, 1978), relevant provisions codified at 3 U.S.C. §§ 105 and107.
2010

Print instructions To print text version of this graphic, go to appendix II.

Interactive graphic Figure 2: PA positions in the Executive Office of the President

Directions:

Mouse over bars in bar chart chart below for more information about each organization’s PA positions

Number of PA positions

Year established

Facts

1920

80

60

40

20

0

94

14

1 2 1

Page 26

100

76

Total Distribution of the 94 PA positions within the Executive Office of the President

Source: GAO analysis of 2012 Plum Book, applicable laws, and agency 

documents.
Characteristics of Presidential Appointments 

That Do Not Require Senate Confirmation 

Commissions, Councils, Committees, Boards, and 

Foundations 

Executive Office of the President 

Federal Departments or Agencies

Page 27
PA Positions in Federal Departments or 

Agencies 

Page 28

• 13 PA positions exist in seven 

federal departments or 

agencies. 

• More than a third of the 13 PA 

positions are in one agency—

the Department of State.19

5 PAs 2 PA 2 PAs 

1 PA 

1 PA 

1 PA 

19 See detailed description of each of the 13 PA positions on slide 33 and appendix III. 
Responsibilities of PA Positions in Federal 

Departments or Agencies 

Page 29

• The roles and responsibilities of PA positions in federal 

departments or agencies vary. 

• Some PAs serve as assistants or advisors to PAS officials and as U.S. 

representatives to international organizations. 

• Others include the Director of the National Cancer Institute who 

coordinates the National Cancer Program. 

• PA officials may also exercise the duties of agency heads in the event of 

their absence. For example, the Central Intelligence Agency (CIA) Deputy 

Director has been functioning as the Acting Director for the agency, 

responsible for managing the operations, personnel, and budget of the 

CIA. 
Qualifications of PA Positions in Federal 

Departments or Agencies 

• For positions in federal departments or agencies, qualifications 

are generally not prescribed in statute. The President maintains 

significant latitude in determining the selection of these PA 

officials. However, at times, Congress prescribes qualifications 

for PA positions. For example, the Director of the National 

Institute of Food and Agriculture is required by statute to be a 

distinguished scientist. 

Page 30
Salaries of PA Positions in Federal 

Departments or Agencies 

• All of the PA positions in the seven federal departments or agencies are compensated 

at salary levels ranging from GS-15 ($99,628-$129,517) to $350,000. 

Page 31

Source: 2012 Plum Book, OPM Central Personnel Data File, agency documents and related laws.

$99,628 to

$179,700

(5 PAs)

$179,700 

(1 PA)

$173,400 to

$176,000

(2 PAs)

$157,989

(1 PA)

$176,998 to

$179,700

( 2 PAs)

$0

$50,000

$100,000

$150,000

$200,000

$250,000

$300,000

$350,000

$400,000

Department of State Department of 

Homeland Security

United States 

Agency for 

International 

Development

Central Intelligence 

Agency

Office of the Director 

of National 

Intelligence

Department of 

Agriculture

Department of 

Health and Human 

Services

Salary

Departments or agencies

Salaries of the 13 PAs in federal departments or agencies

$350,000 

(1 PA)

$179,700

(1 PA)
Establishment and Terms of PA Positions in 

Federal Departments or Agencies 

• PA positions in the federal departments or agencies were established in 

the last 68 years—with the oldest position dating back to 1945 

(Department of State’s five representatives to the United Nations 

entities20) and the newest positions created in 2010 (the Deputy Director 

of the Central Intelligence Agency and the Intelligence Community Chief 

Information Officer at the Office of the Director of National Intelligence). 

• The majority of the PA positions are located in the Washington, D.C., 

region. 

• Only one of the PA positions in the seven federal departments or agencies 

has a term limit specified—6 years for the Director of the National Institute 

of Food and Agriculture at the U.S. Department of Agriculture. The 

Director can be reappointed for an additional 6-year term 

Page 32

20 These five positions are the Representative of the United States to the Commission of the Status of Women, the Representative of the United States to the 

International Civil Aviation Organization, the Representative of the United States to the United Nations Human Rights Council, the Representative of the United 

States to the United Nations Children’s Fund, and the Alternate Representative of the United States to the United Nations Children’s Fund. 
2010

Print instructions To print text version of this graphic, go to appendix III.

Interactive graphic Figure 3: PA Positions in Federal Departments or Agencies

Directions:

Mouse over bars in bar chart chart below for more information about each organization’s PA positions

Number of PA positions

Year established

Facts

1920

5

4

3

2

1

0

5

2

1 1 1 1

Page 33

2

Source: GAO analysis of 2012 Plum Book, applicable laws, and agency 

documents.
General Comparisons between PA and 

Other Types of Politically Appointed 

Positions 

Page 34
General Comparisons between PA and Other 

Types of Politically Appointed Positions 

Page 35

• PAs differ from other types of political appointments in three key 

areas: number of positions, rate of pay, and level of 

responsibilities. 

• PAs represent the smallest number among the four major categories of political appointments. 

9% (321)

33% (1,217) 37% (1,392)

21%(789)

Number of Appointments as of October 201221

PAs

PAS

Schedule C

Politically appointed SES

21 In line with the scope of our review, these numbers do not reflect changes to PAS and PA positions made under the Streamlining Act of 2011. 

Source: 2012 Plum Book, related laws, OPM Executive and Schedule C System database. 
General Comparisons between PA and Other 

Types of Politically Appointed Positions (cont.) 

Page 36

Pay rates: 

• Unlike other politically appointed positions, PAs are typically 

not paid a salary. Sixty-six percent of PAs are paid a daily pay 

rate for their days of service or are uncompensated, as 

previously noted. The majority of these PAs are in 

commissions, councils, committees, boards, or foundations. 

• Other politically appointed positions are typically paid a salary 

that ranges from about $27,431 to $199,700.22

• PAS- salary range from Executive Level V-I ($145,700-$199,700). 

• SES- salary range from $119,554-$179,700.23

• Schedule C- salary ranges from GS-5 ($27,431-$35,657) to GS-15 ($99,628-

$129,517).24

22 Salary range is based on OPM’s Pay Schedules for fiscal year 2012, which at the time of our review were still in effect.

23 $179,700 reflects the maximum salary for agencies with a certified SES performance appraisal system. 

24 Salary range is based on salaries for Schedule Cs reported in the 2012 Plum Book. 
General Comparisons between PA and Other 

Types of Politically Appointed Positions (cont.) 

Page 37

Level of 

responsibility: 

PAS 

Positions that are at the top of the federal personnel 

hierarchy and are often responsible for making key policy 

decisions to implement an administration's goals (e.g., 

cabinet members). 

PAs 

Positions that have a significant level of responsibility in 

implementing an administration's goals, but often are 

subordinate to a PAS. Many also serve in the EOP or on 

advisory committees or commissions.

SES 

Positions that serve in the most senior positions in the 

executive branch that are not required to be filled by 

Presidential appointment. Officials are responsible for 

operating and overseeing government activities in 

approximately 75 federal agencies. 

Schedule C officials 

Positions that serve in a confidential or policy-determining 

nature, but are generally in subordinate roles to an incumbent 

and his or her superior (e.g., staff assistant, speechwriter, 

etc.). 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations 

Organization

(total number of 

positions in the 

organization)

Number of 

PA 

positions

Year PA 

positions 

established 

or authorized

Term/ schedule Location Salary Overview of responsibilities

U.S. Holocaust 

Memorial Council

(180) 

55 1980 5 years/

Intermittent

Washington, 

D.C.

Daily pay rate 

($596)

Has overall governance 

responsibility for the Museum, 

including policy guidance, 

strategic direction, and fiduciary 

responsibility. 

U.S. Commission 

for the 

Preservation of 

America’s 

Heritage Abroad

(25)

21 1985 3-years/ 

intermittent

Washington, D.C. Without 

compensation

Identifies and reports on 

cemeteries, monuments, and 

historic buildings in Eastern and 

Central Europe that are 

associated with the heritage of 

U.S. citizens and obtains 

assurances from the governments 

of the region that the properties 

will be preserved. 

Committee for 

Purchase from 

People Who Are 

Blind or Severely 

Disabled

(31)

15 1938 5 years/

intermittent

Arlington, VA Daily pay rate 

($596)

Promotes the capabilities of 

people who are blind or have 

other significant disabilities, and 

seeks to grow the number of job 

opportunities offered to these 

individuals.

Page 38

Note: For all positions that provide a daily rate of pay equivalent to a specified salary level, this pay is provided only for days spent performing PA 

position duties, which may be intermittent. PA officials who are already employed by the government are not authorized additional pay for serving on 

commissions, committees, boards or foundations. In addition, unpaid employees or officials are not captured in OPM data on the total number of employees. 

The table in Appendix I presents information from 

interactive Figure 1: PA positions in the 

Commissions, Councils, Committees, Boards, and 

Foundations. 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Organization

(total number of 

positions in the 

organization)

Number of 

PA 

positions

Year PA 

positions 

established 

or authorized

Term/ schedule Location Salary Overview of responsibilities

Architectural and 

Transportation 

Barriers 

Compliance 

Board (U.S. 

Access Board)

(40)

13 1978 4 years /

intermittent

Washington, 

D.C.

Daily pay rate 

equivalent, not 

to exceed EX 

IV ($155,500)

Ensures that people with disabilities 

have access to federally funded 

facilities by developing and 

maintaining design criteria for the 

built environment, transit vehicles, 

telecommunications equipment, 

and for electronic and information 

technology.

Christopher 

Columbus 

Fellowship 

Foundation 

(13)

13 1992 6 years/

intermittent

Auburn, NY Without 

compensation 

The foundation encourages and 

supports research, study and labor 

designed to produce new 

discoveries in all fields of endeavor. 

Board members participate in the 

administration of the various 

competitions sponsored by the 

foundation, work on committees to 

advance the foundation’s goals, 

and make determinations regarding 

the subject areas for each award.

Page 39
Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

American 

Battle 

Monuments 

Commission

(30)

12a 1923 No term/

intermittent

Arlington, 

VA

11 without 

compensation, 

EX III 

($165,300) for

the Secretary

Responsible for ensuring adequate care 

and maintenance of 24 permanent U.S. 

military cemeteries and 25 memorials, 

monuments, and markers in 15 countries 

around the world. The commission normally 

meets twice each year to carry out its 

functions. 

Advisory 

Council on 

Historic 

Preservation

(51)

11 1966 4 years/

intermittent

Various: OK, 

VA, TN, TX, 

NM, MD, IL, 

MO, CO, 

WA, WV

Daily pay rate

($100)

The council promotes the preservation, 

enhancement, and productive use of the 

nation's historic resources, and advises the 

President and Congress on national historic 

preservation policy.

Nuclear Waste 

Technical 

Review Board 

(21)

11 1987 4 years/

intermittent

Arlington, 

VA

Daily pay rate 

equivalent to 

EX III 

($165,300)

Evaluates the technical and scientific

validity of DOE activities related to 

implementing the Nuclear Waste Policy Act 

and provides expert advice on nuclear 

waste management to Congress and the 

Secretary of Energy, including ongoing 

technical peer reviews of some DOE 

nuclear and radioactive waste activities. 

Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Page 40

a This number includes the Secretary of the commission, who is not an official member of the commission, but is a full time PA position that supports the 

commission. 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or authorized

Term/ 

schedule Location Salary Overview of responsibilities

Federal Labor 

Relations 

AuthorityFederal Service 

Impasses Panel

(137)

7

b 1979 5 years/

intermittent

Washington, 

D.C.

Daily pay rate 

equivalent to

($162,900)

Provides assistance in resolving 

negotiation impasses between agencies 

and unions, and makes final decisions to 

resolve the impasse, when necessary. 

Arctic Research 

Commission

(7) 

7 1984 4 years/

intermittent

Washington, 

D.C.

Daily pay rate 

($596)

Advances federal arctic research in 

coordination with Alaska and international

partners, and facilitates cooperation 

among the federal government, state and 

local governments, and other nations 

regarding basic and applied Arctic 

research. 

Page 41

b This total number refers to only the Federal Service Impasses Panel, not the Federal Labor Relations Authority. 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Commission of 

Fine Arts

(11)

7 1910 4 years/ 

intermittent

Washington, 

D.C.

Without 

compensation

Provides expert advice to the President, 

Congress, federal departments and 

agencies, and the city of Washington,

D.C., on design and aesthetics, such as 

the design of coins and medals, national 

memorials, and historic buildings, as well 

as administers the National Capital Arts 

and Cultural Affairs program.

Presidio Trust 

(308)

6 1996 4 years/

intermittent

San 

Francisco, CA

Without 

compensation 

Leads the transformation of the Presidio 

of San Francisco, an historic military 

post, into a national park by partnering 

with the National Park Service to 

preserve open spaces, improve the 

Presidio trail system, and provide visitor 

programs.

Vietnam 

Education 

Foundation 

(Board of 

Directors)

(12)

6 2000 3 years/

intermittent

Washington, 

D.C.

Daily pay rate 

equivalent to EX 

V ($145,700)

Strengthens the U.S.-Vietnam bilateral 

relationship through educational 

exchanges in science and technology, 

including bringing Vietnamese nationals 

to leading U.S. universities for graduate 

and post-graduate training and helping 

Vietnam strengthen its internal capacity 

and institutions.

Page 42
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Utah 

Reclamation 

Mitigation and 

Conservation 

Commission 

(15)c

5 1992 4 years/

intermittent

Salt Lake 

City, UT

Daily pay rate 

equivalent to the 

maximum rate 

for GS-15 for the 

Chairman and 

one 

commissioner

Establishes agreements with other federal 

and Utah state agencies, local 

governments, universities, non-profit 

organizations, and the Utah tribes. 

Cooperates through agreements to 

implement a variety of ecosystem 

restoration and wildlife conservation 

projects in Utah.

Administrative 

Conference of 

the United 

States

(15)

5 1964 3 years/

intermittent

Washington, 

D.C.

Without 

compensation

Improves administrative process through 

consensus-driven applied research, and 

providing nonpartisan expert advice and 

recommendations for improvement of federal 

agency procedures and regulatory 

processes. 

Page 43

c Both the agency (with 10-12 staff) and the five commissioners are referred to as “the Commission.”
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Organization

(total number 

of positions in 

the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Commission 

on Civil Rights

(44)

5

d

 1983 6 years/

intermittent

San Francisco,

CA; Cleveland, 

Ohio; River 

Forest, IL; 

Washington, 

D.C. 

Daily pay rate 

equivalent to 

EX IV 

($155,500)

Informs the development of national civil 

rights policy and enhances enforcement of 

federal civil rights laws through studying 

deprivations of voting rights and 

discrimination in justice, and conducting 

investigations and analysis on issues of 

concern to the government and the public.

Dwight D. 

Eisenhower 

Memorial 

Commission

(10)

4 1999 No term/

intermittent

Washington, 

D.C.

Without 

compensation

Complete a National Memorial that will honor 

Dwight D. Eisenhower and celebrate his 

values, inspiring and educating it’s visitors.

U.S. 

Commission 

on 

International 

Religious 

Freedom

(13)

3 1998 2 years/ 

intermittent

Washington,D.

C.

Without 

compensation

Reviews the facts and circumstances of 

violations of religious freedom internationally 

to make policy recommendations to the 

President, the Secretary of State and 

Congress regarding countries to be 

designated as “countries of particular 

concern”. The commission also comments on 

the effectiveness of the Department of 

State’s efforts to promote international 

religious freedom. 

Page 44

d This number includes the Director of Staff for the commission, who is not a commissioner, but is a PA position that supports the commission. 

This Director is a full time position. We were unable to determine the pay for this position. 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Page 45

Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

National Capital 

Planning 

Commission

(42 )

3 1952 6 years/

intermittent

Washington, 

D.C.

Daily pay rate 

equivalent to EX 

IV ($155,500)

Adopts, approves, or provides advice 

on plans and projects that impact the 

nation's capital and surrounding areas.

Interstate 

Commission on 

the Potomac 

River Basin

(42)

2

e 1940 No term/ 

intermittent

Rockville, 

MD

Without 

compensation

Represents Pennsylvania, Virginia, 

Maryland, West Virginia, Washington, 

D.C., and the federal government in 

setting policy and providing guidance 

on efforts to enhance, protect, and 

conserve the water and associated land 

resources of the Potomac River.

International 

Boundary and 

Water 

Commission 

(U.S. and 

Mexico)

(267)

1 1889 No term/

full time

Texas EX III ($165,300) Consists of a U.S. Section and a 

Mexican Section that develop binational

solutions to issues that arise during the 

application of United States- Mexico 

treaties regarding boundary 

demarcation, national ownership of 

waters, sanitation, water quality, and 

flood control in the border region.

e We excluded one of the positions listed the 2012 Plum Book because, in 2007, Congress specified the federal official to hold this third position. 
Appendix I: Commissions, Councils, 

Committees, Boards, and Foundations (cont.) 

Page 46

Organization

(total number of 

positions in the 

organization)

Number 

of PA 

positions

Year PA 

positions 

established 

or authorized

Term/ 

schedule Location Salary Overview of responsibilities

International 

Boundary 

Commission (U.S. 

and Canada)

(17)

1 1908 No Term/

intermittent

Washington, 

D.C.

Daily pay rate 

equivalent of GS15 ($99,628-

$129,517) 

Consists of a U.S. Section and a 

Canada Section. U.S. commissioner 

responsible for maintaining the 

boundary by inspecting it regularly; 

repairing, relocating or rebuilding 

damaged monuments or buoys; and 

regulating construction around the 

boundary. 

Delta Regional 

Authority 

(5)

1 2000 No term/

full time

Clarksdale, 

MS

EX V ($145,700) Works to improve life for the residence 

of the 252 Delta counties and parishes 

in parts of eight states by partnering to 

utilize investments from the states’ 

Economic Development Assistance 

Program to improve transportation and 

basic infrastructure. The presidentially 

appointed official services as the 

alternate for the federal co-chairman 

and performs functions and duties 

delegated by this Co-Chairman.

Source: Source: GAO analysis of 2012 Plum Book, applicable laws, treaties, compacts and agency documents. 
Appendix II: PA Positions in the Executive 

Office of the President 

Page 47

Agency

(total number of 

positions in the 

entity)

Number

of PA 

positions

Year PA 

positions 

established or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Executive 

Office of the 

President 

(EOP)

(1,800+)

94 1939 (six 

positions 

authorized) to 

1978 

(permanent 

authorization) 

except as 

otherwise 

noted

No term/

full time

Washington, 

D.C.

$110,000 

to 

$172,200

Professional, managerial, and support staff

provide advisory and administrative support 

directly to the President. Responsibilities include 

performing duties as the President may 

prescribe, such as communicating the 

President’s message to the public and 

assessing national security and foreign policies.

Specific positions include Press Secretary and 

the Deputy Assistant to the President for 

National Security Affairs.

EOP Entities

White House

Office

(466 )

76 Authorized 

as noted 

above

No term/ 

full time

Washington, 

D.C.

$110,000 

to 

$172,200

Advisors and assistants provide advisory and 

administrative support directly to the President.

Office of Policy 

Development

(23)a

14 Authorized 

as noted 

above

No term/ 

full time

Washington, 

D.C.

$120,000 

to 

$158,500

Assistants and a Chief of Staff provide advisory 

and administrative support directly to the 

President on economic and domestic policy.

a The Office of Policy Development comprises the Domestic Policy Council and the National Economic Council. 

The table in Appendix II presents information from 

interactive Figure 2: PA positions in the Executive 

Office of the President. 
Appendix II: PA Positions in the Executive 

Office of the President (cont.) 

EOP entity

(total number 

of positions in 

the entity)

Number

of PA 

positions

Year PA 

positions 

established or 

authorized

Term/ 

schedule Location Salary Overview of Responsibilities

Office of 

Administration 

(225) 

2 Authorized as 

noted above

No term/ 

full time

Washington, 

D.C.

$158,800 The Special Assistant to the President and 

Director of the Office of Administration provides 

leadership, manages the allocation of resources, 

and ensures that the Office of Administration’s 

services reflect customer priorities.

2001 No term/ 

full time

Washington, 

D.C.

EX IV 

($155,500)

The Chief Financial Officer reports to the 

Director of the Office of Administration within the 

EOP and is responsible for all financial 

operations, obligations, and budgetary decisions 

for the EOP; represents the Office of the Chief 

Financial Officer in budgetary discussions 

brought before Congress.

Page 48
Appendix II: PA Positions in the Executive 

Office of the President (cont.) 

EOP entity

(total number of 

positions in the 

entity)

Number

of PA 

positions

Year PA 

positions 

established or 

authorized

Term/ 

schedule Location Salary Overview of Responsibilities

Office of 

Management & 

Budget 

(525)

1 2003 No term/ 

full time

Washington, 

D.C.

EX III 

($165,300)

The Administrator for the Office of 

Electronic Government and Information 

Technology sets strategic direction for 

implementing electronic government 

under applicable laws, including the 

Privacy Act, the Government Paperwork 

Elimination Act, and the Federal 

Information Security Management Act of 

2002.

National Security 

Council

(72)

1 1947 No term/ 

full time

Washington, 

D.C.

EX IV

($155,500)

The Executive Secretary to the National

Security Council (NSC) serves in an 

expanded role as Deputy Assistant to the 

President for National Security Affairs, 

managing and assessing the full range of 

national security and foreign policies 

considered by the President, NSC, and 

Homeland Security Council (HSC) as well 

as serves as the NSC's and HSC's focal 

point for coordinating these policies 

among various government agencies.

Page 49 Source: GAO analysis of 2012 data from the 2012 Plum Book, agency documents, and applicable laws. 
Appendix III: PA Positions in Federal 

Departments or Agencies 

Page 50

Agency

(total 

number of 

positions in 

the agency)

Number

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Department 

of State

(12,824)

5 1945 No term/ 

intermittent

Washington, D.C.; 

Montreal, Quebec; 

New York, NY; 

Geneva,

Switzerland

GS-15

($99,628-

$129,517) 

to $179,700

PA positions are U.S. representatives to 

United Nations agencies and are 

responsible for guiding U.S. participation in 

human rights issues and setting standards 

for international civil aviation. These 

positions are the Representative of the 

United States to the Commission of the 

Status of Women, the Representative of 

the United States to the International Civil 

Aviation Organization, the Representative 

of the United States to the United Nations 

Human Rights Council, the Representative 

of the United States to the United Nations 

Children’s Fund, and the Alternate 

Representative of the United States to the 

United Nations Children’s Fund. 

The table in Appendix III presents information from 

interactive Figure 3: PA positions in departments and 

agencies. 
Appendix III: PA Positions in Federal 

Departments or Agencies (cont.) 

Agency

(total number of 

positions in the 

agency) 

Number

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Office of the 

Director of 

National 

Intelligencea

2 2004 No 

term/full 

time

Washington, 

D.C.

ES (senior 

executive 

service 

schedule) 

($176,998)

The Program Manager for Information Sharing 

Environment coordinates and facilitates the 

development of a network-centric information sharing 

environment by focusing on standards and 

architecture, security and access, and best practices. 

2010 No 

term/full

time

Washington, 

D.C.

ES 

($179,700)

The Intelligence Community (IC) Chief Information 

Officer manages activities relating to IC Information 

Technology (IT) infrastructure and Enterprise 

Architecture (EA) requirements; exercises 

procurement approval authority over all IT items 

related to IC EA components; directs/manages IC ITrelated procurement; ensures all expenditures for IT 

research and development are consistent with the IC 

EA and the Director of National Intelligence’s strategy 

for such architecture.

Page 51

a

 OPM does not collect data on employment counts for this agency. 
Agency

(total number of 

positions in the 

agency) 

Number

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Department of 

Homeland 

Security

(198,100)

2 2003 No term/ 

full time

Washington, 

D.C.

ES 

($176,000)

The Assistant Secretary for Infrastructure 

Protection carries out comprehensive 

assessments of the vulnerabilities of critical 

infrastructure of the U.S. Duties include 

determining the risks posed by particular types 

of terrorist attacks, developing a 

comprehensive national plan for the security 

of critical infrastructure, and recommending 

measures to protect critical infrastructure.

2003 No term/ 

full time

Washington, 

D.C.

ES

($173,400)

The Chief Information Officer leads the office 

in the development and maintenance of the 

DHS Information Security Program, which 

includes oversight and coordination of 

activities associated with the Federal 

Information Security Management Act of 2002.

Appendix III: PA Positions in Federal 

Departments or Agencies (cont.) 

Page 52
Appendix III: PA Positions in Federal 

Departments or Agencies (cont.) 

Agency

(total number 

of positions in 

the agency) 

Number

of PA 

positions

Year PA 

positions 

established 

or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Central 

Intelligence 

Agencyb

1 2010c No term/

full time

Washington, 

D.C.

EX II ($179,700) The Deputy Director of CIA assists the Director 

in his duties as head of the CIA and exercises 

the powers of the Director when the Director’s 

position is vacant or in the Director’s absence 

or disability.

U.S.

Department of 

Agriculture

(101,304)

1 2008 6 years/ 

full time

Washington, 

D.C.

EX II ($179,700) The Director of the National Institute of Food 

and Agriculture oversees National Institute of 

Food and Agriculture award funds for a wide 

range of extramural research, education, and 

extension projects that address the needs of 

farmers, ranchers, and agricultural producers.

U.S. Agency for 

International 

Development

(3,974)

1 2008 No term/ 

full time

Washington, 

D.C.

$157,989 The Bureau for Global Health Malaria 

Coordinator has primary responsibility for the 

oversight and coordination of all resources and 

international activities of the U.S. government 

relating to efforts to combat malaria.

Page 53

b OPM does not collect data on employment counts for this agency. 

c This position was established in legislation passed in 2010. 
Appendix III: PA Positions in Federal 

Departments or Agencies (cont.) 

Agency

(total number of 

positions in the 

agency) 

Number

of PA 

positions

Year PA positions 

established or 

authorized

Term/ 

schedule Location Salary Overview of responsibilities

Department of 

Health and 

Human Services

(86,425)

1 1972 No term/ 

full time

Bethesda, MD $350,000 The Director of the National Cancer 

Institute directs the research, 

training, health information 

dissemination, and other programs 

with respect to the cause, diagnosis, 

prevention, and treatment of cancer, 

rehabilitation from cancer, and the 

continuing care of cancer patients 

and the families of cancer patients.

Page 54

Source: GAO analysis of 2012 data from the 2012 Plum Book, agency documents, and applicable laws. 
Positions incorrectly listed as PAs in the 2012 Plum Book or otherwise 

excluded from our review

Reason for exclusions Number 

excluded

Department of Education, Director of the Institute of Education Sciences Determined by our statutory review to be a PAS position. 1

United States Agency for International Development, Assistant Administrator 

of Economic Growth, Agriculture, and Trade

Determined by our statutory review to be a PAS position. 1

Office of Management and Budget, Deputy General Counsel Determined by our statutory review not to be a PA position. 1

Office of the Vice President

•Assistant to the President and Chief of Staff

•Deputy Assistant to the President and Deputy Chief of Staff

•Deputy Assistant to the President and National Security Advisor

•Counselor to the Vice President

•Deputy Assistant to the President for Economic Policy

•Deputy Assistant to the President and Senior Advisor to the Vice President

•Deputy Assistant to the President and Counsel to the Vice President

•Special Assistant to the President and Assistant to the Vice President for 

Communications

•Deputy Assistant to the President and Chief of Staff to Dr. Jill Biden

•Special Assistant to the President and Assistant to the Vice President for 

Intergovernmental Affairs, Public Engagement and Correspondence

Determined by our statutory review to be positions selected by the 

Vice President rather than the President, and therefore not PA 

positions for purposes of our review.a

10

Social Security Advisory Board, Board members Determined by our review to be PAS positions. 3

Delaware River Basin, Alternate Federal Member Determined by our statutory review to be selected by the Federal 

member (not the President). This position was omitted by OPM 

from the 2012 Plum Book tables, but included in their appendix I 

count of total number of PAs. 

1

Federal Mine Safety and Health Review Commission, Chairman Determined by our statutory review to be a PAS position 1

Interstate Commission on the Potomac River Basin, Commission member We excluded one of the three PA positions listed for this 

commission because Congress, in 2007, specified the federal 

official to hold this position. Consistent with the exclusion of 

similar positions by other organizations as a PA listing, we 

removed this third PA position.

1

Appendix IV: PA Position Exclusions and 

Additions 

Page 55

a

 EOP officials noted that while these positions are appointed by the Vice President, they also receive commissions from the President. This commissioning is required for all federal officers. 
Appendix IV: PA Positions Exclusions and 

Additions (cont.) 

Page 56

Positions incorrectly listed as PAs in the 2012 Plum Book or otherwise 

excluded from our review

Reason for exclusions Number 

excluded

Millennium Challenge Corporation

•Senior Advisor to the Chief Executive Officer, Office of the Chief Executive Office

•Chief of Staff, Office of the Chief Executive Office

•Deputy General Counsel, Office of the General Counsel

•Vice President, Department of Policy and Evaluation

•Deputy Vice President, Department of Policy and Evaluation 

•Vice President, Department of Administration and Finance

•Deputy Vice President, Department of Administration and Finance

•Vice President, Department of Congressional and Public Affairs

•Vice President, Department of Compact Development

•Deputy Vice President, Department of Compact Development

Determined by our statutory review to be positions selected by 

the Chief Executive Officer.

10

Department of Agriculture, Assistant Secretary, Office of the Assistant 

Secretary for Administration; Administrator, Rural Utilities Service

These PA positions listed in the 2012 Plum Book were created 

by the Streamlining Act of 2011, and therefore are outside of 

our scope.

2

Office of National Drug Control Policy, Deputy Director, Office of Supply 

Reduction

This PA position listed in the 2012 Plum Book was created by 

the Streamlining Act of 2011, and therefore is outside of our 

scope.

1

U.S. Holocaust Memorial Council, members There are 55 PA positions created in statute for this council, 

including the Chairman and Vice Chairman. These two officials 

are counted as an addition to the 55 PA council members in the 

2012 Plum Book, resulting in double-counting.

2
Appendix IV: PA Position Exclusions and 

Additions (cont.) 

Page 57

PA positions incorrectly omitted in the 2012 Plum Book Reason for inclusion Number 

Added

Dwight D. Eisenhower Memorial Commission, Commissioner The 2012 Plum book identifies 3 PA positions for this 

commission. However, our statutory review identified a fourth 

PA position created for this organization. We received

confirmation on the fourth PA by the commission’s staff.

1

Commission on Civil Rights, Director of Staff The Director of Staff for the commission, who is not an official 

member of the commission, is a PA position that supports the 

commission. Therefore, we included this position in our scope. 

1

In addition to our exclusions and inclusions of positions listed in the 2012 Plum Book, we found that the sum of 364 PAs identified in the 

Plum Book’s Appendix I is an error. The actual sum of PAs that are listed in the Appendix I is 363. 
Appendix V: Legal Authorities for Presidential 

Appointments 

Page 58

This is a listing of the legal authorities under which the President appoints individuals into executive 

branch positions designated as Presidential appointment without Senate Confirmation (PAs) in the 

2012 Plum Book. 

I. Legal authorities for PAs within various commissions, councils, committees, boards, and 

foundations: 

• U.S. Holocaust Memorial Council 

o An act to establish the United States Holocaust Memorial Council, Pub. L. No. 96-388, § 2, 

94 Stat. 1547 (Oct. 7, 1980), as amended, 36 U.S.C. § 2302.

• U.S. Commission for the Preservation of America’s Heritage Abroad

o International Security and Development Cooperation Act of 1985, Pub. L. No. 99-83, § 1303, 

99 Stat. 190, 280 (Aug. 8, 1985), as amended, 16 U.S.C. § 469j. 

• Committee for Purchase from People Who Are Blind or Severely Disabled 

o Wagner-O’Day Act, ch. 697, § 1, 52 Stat. 1196 (June 25, 1938) as amended (to include 

severely disabled within coverage of Act, by Pub. L. No. 92-28, § 1, 85 Stat. 77 (June 23, 

1971)), 41 U.S.C. § 8502.

• Architectural and Transportation Barriers Compliance Board (US Access Board) 

o Rehabilitation Act of 1973, Pub. L. No. 93-112, § 502, 87 Stat. 355, 391 (Sept. 26, 1973), as 

amended to include Presidential appointments by Pub. L. No. 95-602, § 118, 92 Stat. 2955, 

2979 (Nov. 6, 1978), 29 U.S.C. § 792. 
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 59

Legal authorities for PAs within various commissions, councils, committees, boards, and 

foundations (continued): 

• Christopher Columbus Fellowship Foundation 

o Christopher Columbus Fellowship Act, Pub. L No. 102-281, title IV, subtitle B, § 423, 106 

Stat. 133, 142 (May 13, 1992), 20 U.S.C. § 5702.

• American Battle Monuments Commission 

o • An act for the creation of an American Battle Monuments Commission, ch. 283, § 1, 42 

Stat. 1509 (Mar. 4, 1923), as amended, 36 U.S.C. § 2101.

• Advisory Council on Historic Preservation 

o National Historic Preservation Act, Pub. L. No. 89-665, § 201, 80 Stat. 915, 917 (Oct. 15, 

1966), as amended, 16 U.S.C. § 470i. 

• Nuclear Waste Technical Review Board 

o Nuclear Waste Policy Amendments Act of 1987, Pub. L. No. 100-203, title V, § 5051, 101 

Stat. 1330, 1330-248 (Dec. 22, 1987), as amended, 42 U.S.C. § 10262.

• Federal Labor Relations Authority- Federal Impasses Panel 

o Civil Service Reform Act, Pub. L. No. 95-454, § 701, 92 Stat. 1111, 1208 (Oct. 13, 1978), 5 

U.S.C. § 7119. 

• Arctic Research Commission 

o Arctic Research and Policy Act of 1984, Pub. L. No. 98-373, § 103, 98 Stat. 1242, 1243 (July 

31, 1984), as amended, 15 U.S.C. §§ 4102.
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 60

Legal authorities for PAs within various commissions, councils, committees, boards, and 

foundations (continued): 

• Commission of Fine Arts 

o An act of May 17, 1910, ch. 243, 36 Stat. 371, 40 U.S.C. § 9101.

• Presidio Trust (Board of Directors) 

o Omnibus Parks and Public Lands Management Act of 1996, Pub. L. No. 104-333, § 103, 110 

Stat. 4093, 4098 (Nov. 12, 1996), as amended, 16 U.S.C. § 460bb, note.

• Vietnam Education Foundation (Board of Directors) 

o Vietnam Education Foundation Act of 2000, Pub. L. No. 106-554, Div. B, title II, § 205, 114 

Stat. 2763, 2763A-254 (Dec. 21, 2000), as amended, 22 U.S.C. § 2452 note.

• Utah Reclamation Mitigation and Conservation Commission

o Central Utah Project Completion Act, Pub. L. No. 102-575, title III, § 301, 106 Stat. 4600, 

4626 (Oct. 30, 1992), as amended, Pub. L. No. 103-434, § 302, 108 Stat. 4526, 4536 (Oct. 

31, 1994).

• Administrative Conference of the United States 

o Administrative Conference Act, Pub. L. No. 88-499, § 4, 78 Stat. 615, 616 (Aug. 30, 1964), 

as amended, 5 U.S.C. § 593.

• Dwight D. Eisenhower Memorial Commission 

o Department of Defense Appropriations Act, 2000, Pub. L. No. 106-79, title VIII, § 8162, 113 

Stat. 1212, 1274 (Oct. 25, 1999), as amended, Consolidated Natural Resources Act of 2008, 

Pub. L. No. 110-229, § 332, 122 Stat. 754, 782 (May 8, 2008).
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 61

Legal authorities for PAs within various commissions, councils, committees, boards, and 

foundations (continued): 

• Commission on Civil Rights 

o Civil Rights Act of 1957, Pub. L. No. 85-315, §§ 101 and 105, 71 Stat. 634, 636 (Sept. 9, 

1957), as amended to remove requirement for Senate confirmation of presidential 

appointments by Pub. L. No. 98-183, § 2, 97 Stat. 1301 (Nov. 30, 1983), 42 U.S.C. §§ 1975 

and 1975b. 

• National Capital Planning Commission 

o An act of June 6, 1924, ch. 270, § 1, 43 Stat. 463, as amended to include presidential 

appointments to the committee, by Pub. L. No. 592, § 2, 66 Stat. 781, 782 (July 19, 1952), 

40 U.S.C. § 8711. 

• Interstate Commission on the Potomac River Basin 

o Article I of Compact for the creation of Potomac Valley Conservancy District and Interstate 

Commission on the Potomac River Basin, consented to by Congress, ch. 579, 54 Stat. 748, 

749 (July 11, 1940), 33 U.S.C. § 567b, as amended in 1970 and consented to by Congress, 

Pub. L. No. 91-407, 84 Stat. 856, 857 (Sept. 25, 1970), 33 U.S.C § 567b-1.

• U.S. Commission on International Religious Freedom 

o International Religious Freedom Act of 1998, Pub. L. No. 105-292, § 201, 112 Stat. 2787, 

2797 (Oct. 27, 1998), as amended, 22 USC 6431.
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 62

Legal authorities for PAs within various commissions, councils, committees, boards, and 

foundations (continued): 

• International Boundary and Water Commission (U.S. and Mexico) 

• Convention Between the United States of America and the United States of Mexico 

Concerning the Boundary Between the United States and Mexico, March 1, 1989, U.S.-

Mex., art 2, 1 Mallory 1138 (1910) and Treaty Between the United States of America and 

Mexico Respecting Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio 

Grande, Feb. 3, 1944, U.S.-Mex., art 2, 59 Stat. 1219, 1222 (indefinitely extended the 

commission established by the 1989 Convention). See also, act of August 19, 1935, ch. 561, 

49 Stat. 660, 22 U.S.C. § 277.

• International Boundary Commission (United States and Canada) 

• Treaty Between the United States of America and the United Kingdom Concerning the 

Boundary Between the United States and the Dominion of Canada From the Atlantic Ocean, 

April 11, 1908, U.S.-Gr. Brit., art 1, 35 Stat. 2003 and Treaty Between the United States and 

Great Britain in Respect of Boundary Between the United States and Canada, Feb. 24, 

1925, U.S.-Gr. Brit., art. 4, 44 Stat. 2102, 2106 (made commission established by the 1908 

treaty permanent). 

• Delta Regional Authority 

o Delta Regional Authority Act of 2000, Pub. L. No. 106-554, title V, § 503, 114 Stat. 2763, 

2763-A-269 (Dec. 21, 2000), as amended, 7 U.S.C. § 2009aa-1.
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 63

II. Legal authorities for PAs within the Executive Office of the President (EOP):

• Chief Financial Officer, EOP 

o Treasury and General Government Appropriations Act, 2000, Pub. L. No. 106-58, title VI, 

§ 638, 113 Stat. 430, 475 (Sept. 29, 1999), 31 U.S.C. § 901(c). 

• Executive Secretary, National Security Council, EOP 

o National Security Act of 1947, Pub. L. No. 253, § 101(c), 61 Stat. 495, 497 (July 26, 1947), 

50 U.S.C. § 402(c).

• Administrator, Office of Electronic Government, Office of Management and Budget (OMB), EOP 

o E-Government Act of 2002, Pub. L. No. 107-347, § 101, 116 Stat. 2899, 2902 (Dec. 17, 

2002), 44 U.S.C. § 3602(b).

• Various staff positions (including Chief of Staff, Counsel to the President, Assistants, Deputy 

Assistants, Special Assistants, Associate and Deputy Associate Counsels) within the White House 

Office, Office of Policy Development, and Office of Administration, EOP 

o Section 301 of the Reorganization Act of 1939, ch. 36, 53 Stat. 561, 565 (Apr. 3, 1939) 

authorized the President to appoint 6 administrative assistants. Additional general authority 

for the President to appoint and compensate individuals into positions within the EOP was 

provided primarily through annual appropriation acts until 1978 when Congress passed the 

permanent legislative authority currently in place. Pub. L. No. 95-570, §§ 1(a) and 2(a), 92 

Stat. 2445 (Nov. 2, 1978), relevant sections codified at 3 U.S.C. §§ 105 and 107.
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 64

III. Legal authorities for PAs within departments and agencies:

• U.S. Representatives to United Nations entities, Department of State 

o United Nations Participation Act of 1945, Pub. L. No. 264, § 2(d), 59 Stat. 619, 620 (Dec. 20, 

1945), as amended, 22 U.S.C. § 287(d).

• Director, National Cancer Institute, Department of Health and Human Services 

o National Cancer Act of 1971, Pub. L. No. 92-216, § 5, 85 Stat. 778, 785 (Dec. 23, 1971), 42 

U.S.C. § 284(a).

• Assistant Secretary for Infrastructure Protection, Department of Homeland Security (DHS) 

o Homeland Security Act of 2002, Pub. L. No. 107-296, § 201, 116 Stat. 2135, 2145 (Nov. 25, 

2002), 6 U.S.C. § 121(b)(3).

• Chief Information Officer, DHS 

o Homeland Security Act of 2002, Pub. L. No. 107-296, § 103, 116 Stat. 2135, 2144 (Nov. 25, 

2002), 6 U.S.C. § 113(d)(2).

• Deputy Director, Central Intelligence Agency 

o Intelligence Authorization Act for Fiscal Year 2010, Pub. L. No. 111-259, § 423(a), 124 Stat. 

2654, 2728 (Oct. 7, 2010), 50 U.S.C. § 403-4c(a).
Appendix V: Legal Authorities for Presidential 

Appointments (cont.) 

Page 65

Legal authorities for PAs within departments and agencies:

• Program Manager Information Sharing Environment, Office of the Director of National Intelligence 

(ODNI) 

o National Security Intelligence Reform Act of 2004, Pub. L. No. 108-458, title I, § 1016(f), 118 Stat. 

3638, 3667 (Dec. 17, 2004), 6 U.S.C. § 485(f).

• Chief Information Officer Intelligence Community, ODNI 

o Intelligence Authorization Act for Fiscal Year 2005, Pub. L. No. 108-487, § 303, 118 Stat. 3939, 

3944 (Dec. 23, 2004), as amended to remove requirement for Senate confirmation of presidential 

appointment by Pub. L. No. 111-259, § 404, 124 Stat. 2654, 2709 (Oct. 7, 2010), 50 U.S.C. § 403-

3g(a).

• Director, National Institute of Food and Agriculture, Department of Agriculture 

o Food, Conservation, and Energy Act of 2008, Pub. L. No. 110-246, § 7511(a)(4), 122 Stat. 1651, 

2021 (June 18, 2008), 7 U.S.C. § 6971(f)(3).

• Malaria Coordinator, U.S. Agency for International Development 

o Tom Lantos and Henry J. Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and 

Malaria Reauthorization Act of 2008, Pub. L. No. 110-293, § 304, 122 Stat. 2918, 2961 (July 30, 

2008), 22 U.S.C. § 7634. 
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