Duties and authorities relating to .gov internet domain
Definition
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—
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);
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
without conditioning registration on participation in any separate service offered by the Director or any other Federal entity.
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—
minimize the risk of .gov internet domains whose names could mislead or confuse users;
establish that .gov internet domains may not be used for commercial or political campaign purposes;
ensure that domains are registered and maintained only by authorized individuals; and
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).
Executive branch
In general
Approval required
Compliance
Supporting services
In general
Rule of construction
Nothing in paragraph (1) shall be construed to—
limit other authorities of the Director to provide services or technical assistance to an entity described in subsection (b)(1); or
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.
Fees
In general
Limitation
Consultation
.gov inventory
In general
The Director shall, on a continuous basis—
inventory all hostnames and services in active use within the .gov internet domain; and
provide the data described in subparagraph (A) to domain registrants at no cost.
Requirements
In carrying out paragraph (1)—
data may be collected through analysis of public and non-public sources, including commercial data sets;
the Director shall share with Federal and non-Federal domain registrants all unique hostnames and services discovered within the zone of their registered domain;
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;
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;
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
the Director shall—
collect information on the use of non-.gov internet domain suffixes by agencies for their official online services;
collect information on the use of non-.gov internet domain suffixes by State, local, Tribal, and territorial governments; and
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.
National security coordination
In general
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—
disrupt a law enforcement investigation;
endanger national security or intelligence activities;
impede national defense activities or military operations; or
hamper security remediation actions.
Strategy
Source
(Pub. L. 107–296, title XXII, § 2215, as added Pub. L. 116–260, div. U, title IX, § 904(b)(1)(B),Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Findings
the .gov internet domain reflects the work of United States innovators in inventing the internet and the role that the Federal Government played in guiding the development and success of the early internet;
the .gov internet domain is a unique resource of the United States that reflects the history of innovation and global leadership of the United States;
when online public services and official communications from any level and branch of government use the .gov internet domain, they are easily recognized as official and difficult to impersonate;
the citizens of the United States deserve online public services that are safe, recognizable, and trustworthy;
the .gov internet domain should be available at no cost or a negligible cost to any Federal, State, local, or territorial government-operated or publicly controlled entity, including any Tribal government recognized by the Federal Government or a State government, for use in their official services, operations, and communications;
the .gov internet domain provides a critical service to those Federal, State, local, Tribal, and territorial governments; and
the .gov internet domain should be operated transparently and in the spirit of public accessibility, privacy, and security.”
Duties of Department of Homeland Security
Purpose.—
The purpose of the .gov internet domain program is to—
legitimize and enhance public trust in government entities and their online services;
facilitate trusted electronic communication and connections to and from government entities;
provide simple and secure registration of .gov internet domains;
improve the security of the services hosted within these .gov internet domains, and of the .gov namespace in general; and
enable the discoverability of government services to the public and to domain registrants.”
Reference Guide
process and technical information on how to carry out a migration of common categories of online services, such as web and email services;
best practices for cybersecurity pertaining to registration and operation of a .gov internet domain; and
references to contract vehicles and other private sector resources vetted by the Director that may assist in performing the migration.”
Transition
There shall be transferred to the Director the .gov internet domain program, as operated by the General Services Administration under title 41, Code of Federal Regulations, on the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c).
Not later than 30 days after the date of enactment of this Act [probably means “this title”, approved
Not later than 120 days after the date of enactment of this Act, the Director shall begin operationally administering the .gov internet domain program, and shall publish on a publicly available website the requirements for domain registrants as described in section 2215(b) of the Homeland Security Act of 2002 [6 U.S.C. 665(b)], as added by section 904(b) of this Act.
On the date on which the Director begins operational administration of the .gov internet domain program, in accordance with subsection (c), the Administrator shall rescind the requirements in part 102–173 of title 41, Code of Federal Regulations.
During the 5-year period beginning on the date of enactment of this Act [
Definitions
the term ‘Administrator’ means the Administrator of General Services;
the term ‘agency’ has the meaning given the term in section 3502 of title 44, United States Code;
the term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency;
the term ‘online service’ means any internet-facing service, including a website, email, a virtual private network, or a custom application; and
the term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.”