Rule2026-09038
Defense Federal Acquisition Regulation Supplement: Disclosure of Greenhouse Gas Emissions (DFARS Case 2024-D021)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 7, 2026
Effective
May 7, 2026
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Rules and Regulations]
[Pages 24735-24737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09038]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 223
[Docket DARS-2026-0067]
RIN 0750-AM18
Defense Federal Acquisition Regulation Supplement: Disclosure of
Greenhouse Gas Emissions (DFARS Case 2024-D021)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement a section of the
National Defense Authorization Act for Fiscal Year 2024.
DATES: Effective May 7, 2026.
FOR FURTHER INFORMATION CONTACT: David Johnson, telephone 202-913-5764.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule revises the DFARS to implement section 318 of the
National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-
31). Section 318 prohibits DoD contracting officers from requiring, as
a condition of contract award, nontraditional defense contractors to
disclose a greenhouse gas inventory or any other report on greenhouse
gas emissions, unless DoD determines that requiring such disclosure is
necessary to verify a voluntary disclosure relating to greenhouse gas
emissions. A waiver is permitted on a contract-by-contract basis,
provided that the information relating to greenhouse gas emissions is
directly related to the performance of the contract. Section 318
defines the terms ``greenhouse gas'' and ``greenhouse gas inventory.''
To implement section 318, this rule adds subpart 223.5, Greenhouse
Gas Emissions, to DFARS part 223. In addition to prohibiting required
disclosure of greenhouse gas emissions from nontraditional defense
contractors as a condition of contract award, this rule also prohibits
DoD contracting officers' consideration, as a condition of contract
award, of greenhouse gas emission information that offerors might
otherwise provide in annual representations and certifications in
response to certain Federal Acquisition Regulation (FAR) solicitation
provisions. Additionally, in accordance with section 318, this rule
allows a waiver from the disclosure prohibition where the disclosure
directly relates to contract performance.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707, Publication of Proposed Regulations. Subsection (a)(1) of the
statute requires that a procurement policy, regulation, procedure, or
form (including an amendment or modification thereof) must be published
for public comment if it relates to the expenditure of appropriated
funds, and has either a significant effect beyond the internal
operating procedures of the agency issuing the policy, regulation,
procedure, or form, or has a significant cost or administrative impact
on contractors or offerors. This final rule is not required to be
published for public comment, because the rule merely limits the
ability of DoD contracting officers to require and to consider
greenhouse gas disclosures from certain offerors or contractors as a
condition of contract award. The rule does not contain any requirements
for offerors or contractors. Therefore, this limitation affects only
the internal operating procedures of DoD.
[[Page 24736]]
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This final rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing solicitation
provisions or contract clauses or their applicability to contracts
valued at or below the simplified acquisition threshold, for commercial
products including COTS items, or for commercial services.
IV. Expected Impact of the Rule
This rule is not expected to have an impact on offerors or
contractors, because the rule merely prohibits DoD contracting officers
from requiring, as a condition of contract award, nontraditional
defense contractors to disclose a greenhouse gas inventory or any other
report on greenhouse gas emissions. The statute allows for an exception
and the possibility of a waiver. In other words, this rule places a
particular limit on the source selection scheme contracting officers
might select for a given procurement. This limitation affects only the
internal operating procedures of the Government.
In addition, this rule also prohibits DoD contracting officers'
consideration, as a condition of contract award, of greenhouse gas
emission information that offerors might otherwise provide in annual
representations and certifications in response to the solicitation
provision at FAR 52.223-22, Public Disclosure of Greenhouse Gas
Emissions and Reduction Goals--Representation. The representations
under this provision allow the Government greater insight into the
greenhouse gas management practices of the Federal supplier base.
However, the representations under the FAR provision require only that
offerors indicate whether and where, i.e., a publicly accessible
website, they publicly disclose greenhouse gas emissions and greenhouse
gas reduction goals. The provision neither requests nor requires
specific greenhouse gas emission information.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, as amended.
VI. Executive Order 14192
This rule is not subject to E.O. 14192, because this rule has a de
minimis impact on the public. See discussion in section IV, Expected
Impact of the Rule, of this preamble.
VII. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
Under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VIII. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
IX. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 223
Government procurement.
Kimberly R. Ziegler,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
part 223 as follows:
PART 223--ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY
0
1. The authority citation for 48 CFR part 223 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add subpart 223.5 to read as follows:
Subpart 223.5--Greenhouse Gas Emissions
Sec.
223.501 Policy.
223.501-70 Disclosure of greenhouse gas emissions.
Subpart 223.5--Greenhouse Gas Emissions
223.501 Policy.
223.501-70 Disclosure of greenhouse gas emissions.
(a) Scope. This section implements section 318 of the National
Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31).
(b) Definitions. As used in this section--
Greenhouse gas means carbon dioxide, methane, nitrous oxide,
nitrogen trifluoride, hydrofluorocarbons, perfluorocarbons, or sulfur
hexafluoride.
Greenhouse gas inventory means, with respect to an entity or
individual, a quantified list of the annual greenhouse gas emissions of
the entity or individual.
(c) Prohibition. (1) Contracting officers must not require, as a
condition of contract award, nontraditional defense contractors to
disclose a greenhouse gas inventory or any other report on greenhouse
gas emissions, unless an exception is made or a waiver is granted in
accordance with paragraph (d) or (e) of this section, respectively.
(2) Contracting officers must not consider, as a condition of
contract award to nontraditional defense contractors, greenhouse gas
emission information that may otherwise be provided in annual
representations and certifications in response to the following
provisions:
(i) FAR 52.204-7, System for Award Management.
(ii) FAR 52.204-8, Annual Representations and Certifications,
paragraph (c)(1)(xix), Public Disclosure of Greenhouse Gas Emissions
and Reduction Goals--Representation.
(iii) FAR 52.212-3, Offeror Representations and Certifications--
Commercial Products and Commercial Services, paragraph (t), Public
Disclosure of Greenhouse Gas Emissions and Reduction Goals.
(iv) FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions
and Reduction Goals--Representation.
(d) Exception. The prohibition at paragraph (c) of this section
will not apply if a contracting official at least one level above the
contracting officer determines that such disclosure is
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necessary to verify a voluntary disclosure of a greenhouse gas
inventory or other report.
(e) Waiver. The head of the contracting activity may issue, on a
contract-by-contract basis, a waiver to the prohibition at paragraph
(c) of this section, provided that the information relating to
greenhouse gas emissions is directly related to the performance of the
contract. In issuing such a waiver, the head of the contracting
activity must ensure that any such required information is clearly
delineated in the contract.
[FR Doc. 2026-09038 Filed 5-6-26; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on May 7, 2026.
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