Agency powers and authorities

(a) Powers of the Digital Privacy Agency The Director is authorized to establish the general policies of the Digital Privacy Agency with respect to all executive and administrative functions, including— (1) establishing of rules for conducting the general business of the Digital Privacy Agency, in a manner not inconsistent with this Act; (2) binding the Digital Privacy Agency and entering into contracts; (3) directing the establishment and continued operation of divisions or other offices within the Digital Privacy Agency, in order to carry out the responsibilities of the Digital Privacy Agency under this Act, and to satisfy the requirements of other applicable law; (4) coordinating and overseeing the operation of all administrative, enforcement, and research activities of the Digital Privacy Agency; (5) adopting and using a seal; (6) determining the character of and the necessity for the obligations and expenditures of the Digital Privacy Agency; (7) appointing and supervising of personnel employed by the Digital Privacy Agency; (8) distributing business among personnel appointed and supervised by the Director and among administrative units of the Digital Privacy Agency; (9) using and expending of funds; (10) implementing this Act through rules, orders, guidance, interpretations, statements of policy, investigations, and enforcement actions; and (11) performing such other functions as may be authorized or required by law. (b) Delegation of authority The Director may not delegate the power to appoint the Deputy Director under section 301(c). (c) Autonomy of agency regarding recommendations and testimony No officer or agency of the United States may require the Director or any other officer of the Digital Privacy Agency to submit legislative recommendations, or testimony or comments on legislation, to any officer or agency of the United States for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Congress, if such recommendations, testimony, or comments to the Congress include a statement indicating that the views expressed therein are those of the Director or such officer, and do not necessarily reflect the views of the President. (d) Rulemaking authority (1) In general The Director may prescribe such rules and regulations as may be necessary and appropriate, and in the public interest, to implement, administer, and carry out this Act, and to prevent evasions thereof. (2) Regulations The Digital Privacy Agency may issue regulations after notice and comment in accordance with section 553 of title 5, United States Code, as may be necessary to implement, administer, and carry out this Act. (e) Consultations In implementing or enforcing this Act, the Director may consult with— (1) Federal agencies that have— (A) jurisdiction over Federal privacy laws; and (B) expertise in privacy or information security; (2) State attorneys general, State privacy regulators, and other State agencies that have expertise in privacy or information security; (3) international and intergovernmental bodies that conduct activities relating to the privacy or information security; (4) agencies of other countries that are similar to the Digital Privacy Agency or have expertise in privacy or information security; (5) privacy and information security experts in academia, government, civil society, or industry; and (6) advisory boards of the Digital Privacy Agency established under section 308, as appropriate. (f) Agency deference In any action for judicial review of regulations or orders of the Digital Privacy Agency, the reviewing court shall defer to the reasonable interpretation by the Digital Privacy Agency of this Act.