> Fed is not eligible to regulate business, consumer, or data handling practices

It almost certainly is. You're correct that it's tangential to the data-sharing agreement. I'm just pointing out that we're in lalaland when it comes to agency independence. The Fed having a "distinct historical tradition" of independence does emerge in part from statute. But why its statute commands where the FTC's does not is, at least to me, unclear.

Again, it doesn’t matter if it is or not: whether ‘0.0%’ or ‘0.1%’ of agencies are independent, no interpretation of either outcome exists that complies with the DSA ‘100% of agencies are independent’ requirement. Any uncertainty over The Fed alone has no bearing whatsoever on the result.