Sec. 3. Establishment of the data protection agency
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There is established in the Executive branch an independent agency to be known as the Data Protection Agency , which shall regulate high-risk data practices and the collection, processing, and sharing of personal data. There is established a position of the Director of the Data Protection Agency (referred to in this Act as the Director ), who shall serve as the head of the Agency. Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate.
The President shall nominate the Director from among members of the public at large who are well qualified for service at the Agency based on their knowledge and expertise in— technology; protection of personal data; civil rights and liberties; law; and social sciences. The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Federal Transit Administrator, the following new item:
Director of the Data Protection Agency. . There is established the position of Deputy Director, who shall— be appointed by the Director; and serve as the acting Director in the absence or unavailability of the Director. In the event of the death, resignation, sickness, or absence of the Director, the President shall designate the Deputy Director to serve as acting Director until the return of the Director, or the appointment of a successor pursuant to subsection (b). The Director shall serve for a term of 5 years.
An individual may serve as Director after the expiration of the term for which appointed until a successor has been appointed and qualified. The President may remove the Director at will. A vacancy in the position of Director that occurs before the expiration of the term for which a Director was appointed shall be filled in the manner established under paragraph (2), and the Director appointed to fill such vacancy shall be appointed only for the remainder of such term. No Director or Deputy Director may engage in any other employment during the period of service of such person as Director or Deputy Director.
The principal office of the Agency shall be in the District of Columbia. The Director may establish regional offices of the Agency. Except as otherwise provided expressly by law, all Federal laws dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapter 5 and 7 of title 5, United States Codes, shall apply to the exercise of the powers of the Agency.