EXECUTIVE
ORDER
EO 13402
Effective Date: May 15, 2006

Responsible Office: Office of the Administrator
Subject: Strengthening Federal Efforts to Protect Against Identity Theft

Strengthening Federal Efforts To Protect Against 
                Identity Theft

                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;

 (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.

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                (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

[[Page 27947]]

 (ii) functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals.

                (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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     May 10, 2006.
		

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