So even an acting director would have to have previous Senate approval? Did Matt Whitaker have that? I don’t remember him having previous Senate approval.
It gets really fuzzy when “acting” is brought into the equation.
The “Advise and Consent” clause in the Constitution is (sort of) defined. The “Acting” head of something is normally the next inferior position (Sally Yates...Barf) (Rod Rosenstein...Double Barf). Having been appointed and confirmed by the Senate just gives added weight to the temporary position holder if it does not follow the “Continuation of Government” pecking order.