[Weekly Compilation of Presidential Documents Volume 42, Number 19 (Monday, May 15, 2006)]
[Pages 909-911]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13402--Strengthening Federal Efforts To Protect Against 
Identity Theft

May 10, 2006

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, in order to strengthen efforts 
to protect against identity theft, it is hereby ordered as follows:
    Section 1. Policy. It is the policy of the United States to use 
Federal resources effectively to deter, prevent, detect, investigate, 
proceed against, and prosecute unlawful use by persons of the 
identifying information of other persons, including through:
    (a) increased aggressive law enforcement actions designed to 
prevent, investigate, and prosecute identity theft crimes, recover the 
proceeds of such crimes, and ensure just and effective punishment of 
those who perpetrate identity theft;
    (b) improved public outreach by the Federal Government to better (i) 
educate the public about identity theft and protective measures against 
identity theft, and (ii) address how the private sector can take 
appropriate steps to protect personal data and educate the public about 
identity theft; and
    (c) increased safeguards that Federal departments, agencies, and 
instrumentalities can implement to better secure government-held 
personal data.
    Sec. 2. Establishment of the Identity Theft Task Force.
    (a) There is hereby established the Identity Theft Task Force.
    (b) The Task Force shall consist exclusively of:
 (i)         the Attorney General, who shall serve as Chairman of the 
            Task Force;
 (ii)        the Chairman of the Federal Trade Commission, who shall 
            serve as Co-Chairman of the Task Force;
 (iii)       the Secretary of the Treasury;
 (iv)        the Secretary of Commerce;
 (v)         the Secretary of Health and Human Services;
 (vi)        the Secretary of Veterans Affairs;
 (vii)       the Secretary of Homeland Security;
 (viii)      the Director of the Office of Management and Budget;
 (ix)        the Commissioner of Social Security;
 (x)         the following officers of the United States:
        (A) the Chairman of the Board of Governors of the Federal 
            Reserve System;
        (B) the Chairperson of the Board of Directors of the Federal 
            Deposit Insurance Corporation;
        (C) the Comptroller of the Currency;
        (D) the Director of the Office of Thrift Supervision;

[[Page 910]]

        (E) the Chairman of the National Credit Union Administration 
            Board; and
        (F) the Postmaster General; and
 (xi)        such other officers of the United States as the Attorney 
            General may designate from time to time, with the 
            concurrence of the respective heads of departments and 
            agencies concerned.
    (c) The Chairman and Co-Chairman shall convene and preside at the 
meetings of the Task Force, determine its agenda, direct its work and, 
as appropriate, establish and direct subgroups of the Task Force that 
shall consist exclusively of members of the Task Force. Such subgroups 
may address particular subject matters, such as criminal law enforcement 
or private sector education and outreach. The Chairman and Co-Chairman 
may also designate, with the concurrence of the head of department, 
agency, or instrumentality of which the official is part, such other 
Federal officials as they deem appropriate for participation in the Task 
Force subgroups.
    (d) A member of the Task Force, including the Chairman and Co-
Chairman, may designate, to perform the Task Force or Task Force 
subgroup functions of the member, any person who is a part of the 
member's department, agency, or instrumentality and who has high-level 
policy or operational duties or responsibilities related to the mission 
of the Task Force.
    Sec. 3. Functions of the Task Force. The Task Force, in implementing 
the policy set forth in section 1 of this order, shall:
    (a) review the activities of executive branch departments, agencies, 
and instrumentalities relating to the policy set forth in section 1, and 
building upon these prior activities, prepare and submit in writing to 
the President within 180 days after the date of this order a coordinated 
strategic plan to further improve the effectiveness and efficiency of 
the Federal Government's activities in the areas of identity theft 
awareness, prevention, detection, and prosecution;
    (b) coordinate, as appropriate and subject to section 5(a) of this 
order, Federal Government efforts related to implementation of the 
policy set forth in section 1 of this order;
    (c) obtain information and advice relating to the policy set forth 
in section 1 from representatives of State, local, and tribal 
governments, private sector entities, and individuals, in a manner that 
seeks their individual advice and does not involve collective judgment 
or consensus advice and deliberation and without giving any such person 
a vote or a veto over the activities or advice of the Task Force;
    (d) promote enhanced cooperation by Federal departments and agencies 
with State and local authorities responsible for the prevention, 
investigation, and prosecution of significant identity theft crimes, 
including through avoiding unnecessary duplication of effort and 
expenditure of resources; and
    (e) provide advice on the establishment, execution, and efficiency 
of policies and activities to implement the policy set forth in section 
1:
        (i) to the President in written reports from time to time, 
            including recommendations for administrative action or 
            proposals for legislation; and
        (ii) to the heads of departments, agencies, and 
            instrumentalities as appropriate from time to time within 
            the discretion of the Chairman and the Co-Chairman.
    Sec. 4. Cooperation. (a) To the extent permitted by law and 
applicable presidential guidance, executive departments, agencies, and 
instrumentalities shall provide to the Task Force such information, 
support, and assistance as the Task Force, through its Chairman and Co-
Chairman, may request to implement this order.
    (b) The Task Force shall be located in the Department of Justice for 
administrative purposes, and to the extent permitted by law, the 
Department of Justice shall provide the funding and administrative 
support the Task Force needs to implement this order, as determined by 
the Attorney General.
    Sec. 5. General Provisions. (a) Nothing in this order shall be 
construed to impair or otherwise affect:
        (i) authority granted by law to an executive department, agency, 
            or instrumentality or the head thereof; and
        (ii) functions of the Director of the Office of Management and 
            Budget relating to budget, administrative, or legislative 
            proposals.

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    (b) This order shall be implemented consistent with applicable law 
and subject to the availability of appropriations.
    (c) This order is intended only to improve the internal management 
of the Federal Government and is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable at law or 
in equity by a party against the United States, its departments, 
agencies, instrumentalities, or entities, its officers or employees, or 
any other person.
    Sec. 6. Termination. Unless the Task Force is sooner terminated by 
the President, the Attorney General may terminate the Task Force by a 
written notice of its termination published in the Federal Register.
                                                George W. Bush
 The White House,
 May 10, 2006.

[Filed with the Office of the Federal Register, 8:45 a.m., May 12, 2006]

Note: This Executive order was published in the Federal Register on May 
15.