; or (B) the use of the biometric or genetic data of an individual. (9) Transfer date The term transfer date means the date that is 1 year after the date of enactment of this Act. 4. Establishment of the Data Protection Agency (a) Establishment (1) In general There is established in the Executive branch an agency to be known as the Data Protection Agency which shall regulate the processing of personal data. (2) Status The Agency shall be an independent establishment (as defined in section 104 of title 5, United States Code). (b) Director and deputy director (1) In general There is established a position of the Director of the United States Data Protection Agency (referred to in this Act as the Director ), who shall serve as the head of the Agency. (2) Appointment Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate. (3) Qualification The President shall nominate the Director from among members of the public at large who are well qualified for service on the Agency by virtue of their knowledge and expertise in— (A) technology; (B) protection of personal data; (C) civil rights and liberties; (D) law; (E) social sciences; and (F) business. (4) Compensation (A) In general 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. (B) Conforming amendment 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 United States Data Protection Agency. . (5) Deputy director There is established the position of Deputy Director, who shall— (A) be appointed by the Director