<P> Under the 1967 Federal Anti-Nepotism statute, federal officials are prohibited from appointing their immediate family members to certain governmental positions, including those in the Cabinet . </P> <P> Under the Federal Vacancies Reform Act of 1998, an incoming administration may appoint acting heads of department from employees of the relevant department . These may be existing high - level career employees, from political appointees of the outgoing administration, or sometimes lower - level appointees of the incoming administration . </P> <P> The heads of the executive departments and all other federal agency heads are nominated by the President and then presented to the Senate for confirmation or rejection by a simple majority (although before the use of the "nuclear option" during the 113th US Congress, they could have been blocked by filibuster, requiring cloture to be invoked by ​ ⁄ supermajority to further consideration). If approved, they receive their commission scroll, are sworn in and then begin their duties . </P> <P> An elected Vice President does not require Senate confirmation, nor does the White House Chief of Staff, which is an appointed staff position of the Executive Office of the President . </P>

Who appoints the head of the cabinet departments