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6 U.S.C. § 665Duties and authorities relating to .gov internet domain

submitted 6 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 1,148 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director must make .gov registration and related services generally available to eligible public entities without requiring unrelated information or separate services. The section sets domain requirements, security services, fees, consultation, inventory, disclosure, national-security limits, and a counter-cyber-activity strategy.

(a) Definition. “Agency” has the meaning in section 3502 of title 44. This section does not otherwise define the quoted term. (b) Availability. The Director must generally offer .gov domain registration and supporting services under (e): (1) to federal, State, local, or territorial government entities and other publicly controlled entities, including federally or State-recognized Tribal governments, that meet the registration requirements under (c); (2) without conditioning registration on sharing information except information required by (c); and (3) without conditioning it on joining another service offered by the Director or a federal entity. (c) Requirements. With OMB approval for agency requirements and consultation with OMB for non-agency requirements, the Director must publish requirements sufficient to: (1) reduce misleading or confusing .gov names; (2) bar commercial and political-campaign use; (3) ensure only authorized people register and maintain domains; and (4) limit sharing or use of information obtained through .gov administration to administering .gov, supporting services under (e), and the inventory requirements under (h). (d) Executive branch. (1) OMB must set processes and guidelines for agencies’ registration and acceptable use. (2) The Director must obtain OMB approval before registering an agency’s .gov name. (3) Each agency must ensure its .gov website or digital service follows the 21st Century IDEA Act and its implementation guidance. (e) Supporting services. (1) The Director may provide services to eligible entities specifically supporting registered domains’ security, privacy, reliability, accessibility, and speed. (2) This does not limit other authority to provide services or technical help, and does not create authority for services except those expressly supporting .gov operation and registrants’ needs. (f) Fees. (1) The Director may provide registration and supporting services with or without reimbursement, including variable pricing. (2) Total fees for new registrations and annual renewals may not exceed direct operating costs of improving, maintaining, and operating .gov and its services. (g) Consultation. The Director must consult OMB, the General Services Administrator, appropriate civilian agencies, and representatives of State, local, Tribal, and territorial governments on .gov strategy and (c) requirements, especially privacy, accessibility, transparency, and technology modernization. (h) Inventory. (1) Continuously, the Director must inventory all active .gov hostnames and services and give the data to registrants at no cost. (2) Data may come from public or nonpublic sources, including commercial datasets. The Director must give each federal and nonfederal registrant all unique hostnames and services found in its domain; give OMB data concerning federal executive-branch registrants for OMB’s section 3553 duties; publish discovered hostnames describing publicly accessible agency websites when consistent with federal information-system security, presuming disclosure; and may publish related compliance analyses and data on the same basis. The Director must also collect information on agencies’ and State, local, Tribal, and territorial governments’ use of non-.gov suffixes, and publish the agency information when consistent with system security, presuming disclosure. (3) National security. Inventory, collection, and publication must protect national-security information. The Director may not do so if, after appropriate coordination, it would disrupt a law-enforcement investigation, endanger national security or intelligence work, impede national defense or military operations, or hamper security remediation. (4) Within 180 days after December 27, 2020, the Director must submit to the listed Senate and House committees a strategy for using this information to counter malicious cyber activity.
the actual law source: uscode.house.gov ↗public domain
(a) Definition

In this section, the term “agency” has the meaning given the term in section 3502 of title 44.

(b) Availability of .gov internet domain

The Director shall make .gov internet domain name registration services, as well as any supporting services described in subsection (e), generally available—

(1)

to any Federal, State, local, or territorial government entity, or other publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, that complies with the requirements for registration developed by the Director as described in subsection (c);

(2)

without conditioning registration on the sharing of any information with the Director or any other Federal entity, other than the information required to meet the requirements described in subsection (c); and

(3)

without conditioning registration on participation in any separate service offered by the Director or any other Federal entity.

(c) Requirements

The Director, with the approval of the Director of the Office of Management and Budget for agency .gov internet domain requirements and in consultation with the Director of the Office of Management and Budget for .gov internet domain requirements for entities that are not agencies, shall establish and publish on a publicly available website requirements for the registration and operation of .gov internet domains sufficient to—

(1)

minimize the risk of .gov internet domains whose names could mislead or confuse users;

(2)

establish that .gov internet domains may not be used for commercial or political campaign purposes;

(3)

ensure that domains are registered and maintained only by authorized individuals; and

(4)

limit the sharing or use of any information obtained through the administration of the .gov internet domain with any other Department component or any other agency for any purpose other than the administration of the .gov internet domain, the services described in subsection (e), and the requirements for establishing a .gov inventory described in subsection (h).

(d) Executive branch
(1) In general

The Director of the Office of Management and Budget shall establish applicable processes and guidelines for the registration and acceptable use of .gov internet domains by agencies.

(2) Approval required

The Director shall obtain the approval of the Director of the Office of Management and Budget before registering a .gov internet domain name for an agency.

(3) Compliance

Each agency shall ensure that any website or digital service of the agency that uses a .gov internet domain is in compliance with the 21st Century IDEA Act (44 U.S.C. 3501 note) and implementation guidance issued pursuant to that Act.

(e) Supporting services
(1) In general

The Director may provide services to the entities described in subsection (b)(1) specifically intended to support the security, privacy, reliability, accessibility, and speed of registered .gov internet domains.

(2) Rule of construction

Nothing in paragraph (1) shall be construed to—

(A)

limit other authorities of the Director to provide services or technical assistance to an entity described in subsection (b)(1); or

(B)

establish new authority for services other than those the purpose of which expressly supports the operation of .gov internet domains and the needs of .gov internet domain registrants.

(f) Fees
(1) In general

The Director may provide any service relating to the availability of the .gov internet domain program, including .gov internet domain name registration services described in subsection (b) and supporting services described in subsection (e), to entities described in subsection (b)(1) with or without reimbursement, including variable pricing.

(2) Limitation

The total fees collected for new .gov internet domain registrants or annual renewals of .gov internet domains shall not exceed the direct operational expenses of improving, maintaining, and operating the .gov internet domain, .gov internet domain services, and .gov internet domain supporting services.

(g) Consultation

The Director shall consult with the Director of the Office of Management and Budget, the Administrator of General Services, other civilian Federal agencies as appropriate, and entities representing State, local, Tribal, or territorial governments in developing the strategic direction of the .gov internet domain and in establishing requirements under subsection (c), in particular on matters of privacy, accessibility, transparency, and technology modernization.

(h) .gov inventory
(1) In general

The Director shall, on a continuous basis—

(A)

inventory all hostnames and services in active use within the .gov internet domain; and

(B)

provide the data described in subparagraph (A) to domain registrants at no cost.

(2) Requirements

In carrying out paragraph (1)—

(A)

data may be collected through analysis of public and non-public sources, including commercial data sets;

(B)

the Director shall share with Federal and non-Federal domain registrants all unique hostnames and services discovered within the zone of their registered domain;

(C)

the Director shall share any data or information collected or used in the management of the .gov internet domain name registration services relating to Federal executive branch registrants with the Director of the Office of Management and Budget for the purpose of fulfilling the duties of the Director of the Office of Management and Budget under section 3553 of title 44;

(D)

the Director shall publish on a publicly available website discovered hostnames that describe publicly accessible agency websites, to the extent consistent with the security of Federal information systems but with the presumption of disclosure;

(E)

the Director may publish on a publicly available website any analysis conducted and data collected relating to compliance with Federal mandates and industry best practices, to the extent consistent with the security of Federal information systems but with the presumption of disclosure; and

(F)

the Director shall—

(i)

collect information on the use of non-.gov internet domain suffixes by agencies for their official online services;

(ii)

collect information on the use of non-.gov internet domain suffixes by State, local, Tribal, and territorial governments; and

(iii)

publish the information collected under clause (i) on a publicly available website to the extent consistent with the security of the Federal information systems, but with the presumption of disclosure.

(3) National security coordination
(A) In general

In carrying out this subsection, the Director shall inventory, collect, and publish hostnames and services in a manner consistent with the protection of national security information.

(B) Limitation

The Director may not inventory, collect, or publish hostnames or services under this subsection if the Director, in coordination with other heads of agencies, as appropriate, determines that the collection or publication would—

(i)

disrupt a law enforcement investigation;

(ii)

endanger national security or intelligence activities;

(iii)

impede national defense activities or military operations; or

(iv)

hamper security remediation actions.

(4) Strategy

Not later than 180 days after December 27, 2020, the Director shall develop and submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on House Administration of the House of Representatives a strategy to utilize the information collected under this subsection for countering malicious cyber activity.

Source credit: (Pub. L. 107–296, title XXII, § 2215, as added Pub. L. 116–260, div. U, title IX, § 904(b)(1)(B), Dec. 27, 2020, 134 Stat. 2298; Pub. L. 117–81, div. A, title XV, § 1547(b)(1)(A)(ii), (B), Dec. 27, 2021, 135 Stat. 2060, 2061; Pub. L. 117–263, div. G, title LXXI, § 7143(a)(1), Dec. 23, 2022, 136 Stat. 3654.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 107-296 · 134 Stat. 2298
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2060, 2061
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 3654

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2020-12-27.

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