"The bill applies to all vacancies in Senate-confirmed
positions in executive agencies with a few express exceptions.
Second, current laws...that provide for the President or..." congress.gov/congressional-…
Then we have to rely on what the VRA says, not what's in the DOJ statute 28 USC 508.
So does 28 USC 508, the DOJ statute, allow "the head of an executive department to designate an officer to perform the functions and duties of a specified office"?
Yes. Thus the VRA doesn't apply.
28 USC 508(b) contains such stipulations for the AAG, and arguably/implicitly for the DAG.
To stop presidents from "thwarting the constitutional mandate that
persons serving in advice and consent positions do so through
the Senate's approval of such service."
THROUGH SENATE APPROVAL. Rosenstein. Not Whitaker.