Defense Department Docket DARS-2026-0266 Proposed Rule

2026-12826: Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022)

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Public comment closed · opened June 25, 2026.

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Summary

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2024, 2025, and 2026. These sections require a certification for certain DoD contracts related to military recruitment advertising and provide a sunset date for that requirement.

The agency’s own summary, as published.

The rule, in full

3,584 words as published, June 25, 2026. View the original →

Federal Register, Volume 91 Issue 121 (Thursday, June 25, 2026) [Federal Register Volume 91, Number 121 (Thursday, June 25, 2026)] [Proposed Rules] [Pages 38382-38386] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-12826] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 209, 212, and 252 [Docket DARS-2026-0266] RIN 0750-AM19 Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022)

Agency

Defense Acquisition Regulations System, Department of Defense (DoD).

Action

Proposed rule. -----------------------------------------------------------------------

Summary

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2024, 2025, and 2026. These sections require a certification for certain DoD contracts related to military recruitment advertising and provide a sunset date for that requirement.

Dates

Comments on the proposed rule should be submitted in writing to the address shown below on or before August 24, 2026, to be considered in the formation of a final rule.

Addresses

Submit comments identified by DFARS Case 2024-D022, using either of the following methods: [cir] Federal eRulemaking Portal: https://www.regulations.gov. Search for DFARS Case 2024-D022. Select ``Comment'' and follow the instructions to submit a comment. Please include ``DFARS Case 2024- D022'' on any attached documents. [cir] Email: [email protected]. Include DFARS Case 2024-D022 in the subject line of the message. Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission to verify posting.

For Further Information Contact

David Johnson, telephone 202-913-5764.

Supplementary Information

I. Background

DoD is proposing to revise the DFARS to implement section 1555 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 (Pub. L. 118-31), section 1542 of the NDAA for FY 2025 (Pub. L. 118- 159), and section 1541 of the NDAA for FY 2026 (Pub. L. 119-60). Section 1555 adds a certification requirement for offerors and a requirement for DoD to notify congressional defense committees regarding certain DoD contracts related to the placement of military recruitment advertising. In addition, section 1555 specified a sunset date of one year after the date of enactment of the NDAA for FY 2024. Section 1542 extended that date to two years after the date of enactment of the NDAA for FY 2024. Section 1541 revised the certification requirement, removed the congressional notification requirement, and extended the sunset date to December 31, 2030. [[Page 38383]]

II. Discussion and Analysis

The proposed new sections at DFARS 209.171 through 209.171-2, the solicitation provision at 252.209-70YY, and contract clause at 252.209- 70ZZ implement section 1555 of the NDAA for FY 2024, section 1542 of the NDAA for FY 2025, and section 1541 of the NDAA for FY 2026. The proposed text provides policy at DFARS 209.171-1, including an explanation for contracting officers of the certification requirement at 209.171-1(b). The proposed solicitation provision at 252.209-70YY, Military Recruitment Advertising--Certification, which is prescribed at 209.171-2, requires the offeror to certify that the offeror does not-- (1) Rate or rank news or information sources for the factual accuracy of their content; (2) Provide ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) Acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2). The certification requirement terminates on December 31, 2030, per section 1541 of the NDAA for FY 2026. The proposed contract clause at 252.209-70ZZ, Restriction on Military Recruitment Advertising, is prescribed at DFARS 209.171-2. The clause prohibits contractors, in the performance of the contract, from (1) rating or ranking news or information sources for the factual accuracy of their content; (2) providing ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) acquiring or using any service that provides any ratings, rankings, or opinions described in item (1) or (2). This prohibition is consistent with section 1541 of the NDAA for FY 2026. The new solicitation provision and contract clause are proposed to be added to the list of solicitation provisions and contract clauses for the acquisition of commercial services at DFARS 212.301. See section III of this preamble for the rationale for applying the section 1555, 1542, and 1541 requirements to commercial services.

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 proposed rule includes a new provision and clause to implement the requirements of section 1555 of the NDAA for FY 2024, section 1542 of the NDAA for FY 2025, and section 1541 of the NDAA for FY 2026: (1) DFARS 252.209-70YY, Military Recruitment Advertising--Certification; and (2) DFARS 252.209-70ZZ, Restriction on Military Recruitment Advertising. The provision at DFARS 252.209-70YY is prescribed at DFARS 209.171-2 for use in solicitations that include the clause at 252.209- 70ZZ, Military Recruitment Advertising-Restriction. The clause at 252.209-70ZZ is prescribed for use in solicitations and contracts, task orders, or delivery orders, including those using Federal Acquisition Regulation part 12 procedures for the acquisition of commercial services, for the placement of military recruitment advertisements on behalf of DoD that are to be awarded on or before December 31, 2030. DoD does not intend to apply the proposed rule to contracts at or below the SAT. DoD does intend to apply the proposed rule to contracts for the acquisition of commercial services.

A. Applicability to Contracts at or Below the Simplified Acquisition

Threshold The statute at 41 U.S.C. 1905 governs the applicability of laws to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. It is intended to limit the applicability of laws to such contracts or subcontracts. The statute at 41 U.S.C. 1905 provides that if a provision of law contains criminal or civil penalties, or if the Federal Acquisition Regulatory Council makes a written determination that it is not in the best interest of the Federal Government to exempt contracts or subcontracts at or below the SAT, the law will apply to them. The Principal Director Defense Pricing, Contracting, and Acquisition Policy (DPCAP), is the appropriate authority to make comparable determinations for regulations to be published in the DFARS, which is part of the Federal Acquisition Regulation system of regulations. DoD does not intend to make that determination. Therefore, this proposed rule will not apply at or below the simplified acquisition threshold.

B. Applicability to Contracts for the Acquisition of Commercial

Products Including COTS Items and for the Acquisition of Commercial Services The statute at 10 U.S.C. 3452 exempts contracts and subcontracts for the acquisition of commercial products including COTS items, and commercial services from provisions of law enacted after October 13, 1994, unless the Under Secretary of Defense (Acquisition and Sustainment) (USD(A&S)) makes a written determination that it would not be in the best interest of DoD to exempt contracts for the procurement of commercial products and commercial services from the applicability of the provision or contract requirement, except for a provision of law that-- Provides for criminal or civil penalties; Requires that certain articles be bought from American sources pursuant to 10 U.S.C. 4862, or that strategic materials critical to national security be bought from American sources pursuant to 10 U.S.C. 4863; or Specifically refers to 10 U.S.C. 3452 and states that it shall apply to contracts and subcontracts for the acquisition of commercial products (including COTS items) and commercial services. The statute implemented in this proposed rule does not impose criminal or civil penalties, does not require purchase pursuant to 10 U.S.C. 4862 or 4863, and does not refer to 10 U.S.C. 3452. Therefore, section 1555 of the NDAA for FY 2024 and section 1542 of the NDAA for FY 2025 will not apply to the acquisition of commercial services or commercial products including COTS items unless a written determination is made. Due to delegations of authority, the Principal Director, DPCAP is the appropriate authority to make this determination. DoD intends to make the determination to apply this statute to the acquisition of commercial services. Therefore, this proposed rule will apply to the acquisition of commercial services.

C. Determination

Given that section 1555 of the NDAA for FY 2024, section 1542 of the NDAA for FY 2025, and section 1541 of the NDAA for FY 2026 address advertisements, and since advertising services are generally commercial services, it is in the best interest of DoD to apply the statute to contracts for the acquisition of commercial services, as defined at Federal Acquisition Regulation 2.101. An exception for contracts for the acquisition of commercial services would exclude the contracts intended to be covered by the law, thereby undermining the overarching public policy purpose of the law.

IV. Expected Impact of the Rule

Section 1555 of the NDAA for FY 2024, section 1542 of the NDAA for FY 2025, and section 1541 of the NDAA for FY 2026 require offerors to certify that they do not (1) rate or rank news or information sources for the factual accuracy of their content; (2) provide [[Page 38384]] ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) acquire or use any service that provides any ratings, rankings, or opinions described in item (1) or (2). This requirement is proposed to be implemented in a new solicitation provision at DFARS 252.209- 70YY. Additionally, the proposed contract clause at DFARS 252.209-70ZZ prohibits contractors who are awarded contracts for the placement of military recruitment advertisements on behalf of DoD from (1) rating or ranking news or information sources for the factual accuracy of their content; (2) providing ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) acquiring or using any service that provides any ratings, rankings, or opinions described in item (1) or (2). The clause instructs contractors to insert the clause in subcontracts for military recruitment advertising. The impact of the proposed rule, when finalized, is expected to be minimal. The information needed for an offeror's certification should be easily accessible, such that an offeror (one individual per entity) would be able to provide the certification at the time of offer submission. See section VIII of this preamble for further details regarding the proposed information collection.

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 not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, as amended.

VI. Executive Order 14192

This proposed rule is not expected to be subject to E.O. 14192, because the proposed rule is not a significant regulatory action under E.O. 12866.

VII. Regulatory Flexibility Act

DoD does not expect this proposed rule, when finalized, to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the data indicates there are a limited number of small businesses expected to be impacted by the rule. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: This rule is required to implement section 1555 of the National Defense Authorization act (NDAA) for Fiscal Year (FY) 2024 (Pub. L. 118-31), section 1542 of the NDAA for FY 2025 (Pub. L. 118-159), and section 1541 of the NDAA for FY 2026 (Pub. L. 119-60). Section 1555 adds a certification requirement for offerors and a requirement for DoD to notify congressional defense committees and congressional leadership for certain contracts. In addition, section 1555 specified a sunset date of one year after the date of enactment of the NDAA for FY 2024. Section 1542 of the NDAA for FY 2025 changed that date to two years after the date of enactment of the NDAA for FY 2024. Section 1541 of the NDAA for FY 2026 revised the certification requirement, removed the congressional notification requirement, and extended the sunset date to December 31, 2030. The objective of the rule is to revise the DFARS to implement the requirements of sections 1555, 1542, and 1541 regarding the acquisition of military recruitment advertising. The legal basis for the rule is section 1555 of the NDAA for FY 2024, section 1542 of the NDAA for FY 2025, and section 1541 of the NDAA for FY 2026. DoD reviewed data from the Federal Procurement Data System for all contracts to include modifications in fiscal years 2021, 2022, and 2023 for any dollar value using the North American Industry Classification System code 541810, Advertising agencies, and the product service code R701, Marketing and Distribution Support-- Management: Advertising/ Advertising Services. DoD awarded 624 contracts over the three fiscal years for the procurement of military recruitment advertising. These contracts were awarded to 288 unique entities, of which 167 were unique small entities. DoD awarded approximately 83 contracts to 56 unique small entities per year during the three fiscal years. There are projected reporting or recordkeeping requirements for the certification by offerors. The solicitation provision proposed at DFARS 252.209-70YY requires offerors to certify that they do not-- (1) Rate or rank news or information sources for the factual accuracy of their content; (2) Provide ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) Acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2). DoD estimates offerors would spend approximately 1 hour reviewing the solicitation provision, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the certification. The proposed rule does not duplicate, overlap, or conflict with any other Federal rules. DoD does not intend to apply the proposed rule to contracts at or below the simplified acquisition threshold. DoD was unable to identify any other alternatives that would reduce burden on small businesses and still meet the objectives of the statute. DoD invites comments from small business concerns and other interested parties on the expected impact of this proposed rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2024- D022), in correspondence.

VIII. Paperwork Reduction Act

This proposed rule contains 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). Accordingly, DoD has submitted a request for approval of a new information collection requirement concerning a new solicitation provision at DFARS 252.209- 70YY for DFARS Case 2024-D022, Certification Requirement for Military Recruitment Advertising, to the Office of Management and Budget.

A. Estimate of Public Burden

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The annual reporting burden estimated as follows: Respondents: 624. Total annual responses: 624. Total annual burden hours: 624. [[Page 38385]]

B. Request for Comments Regarding Paperwork Burden

Written comments and recommendations on the proposed information collection, including suggestions for reducing this burden, should be submitted using the Federal eRulemaking Portal at https://www.regulations.gov or by email to [email protected]. Comments can be received up to 60 days after the date of this proposed rule. Public comments are particularly invited on: whether this collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of DoD's estimate of the burden of this information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. To obtain a copy of the supporting statement and associated collection instruments, please email [email protected]. Include DFARS Case 2024-D022 in the subject line of the message. List of Subjects in 48 CFR Parts 209, 212, and 252 Government procurement. Kimberly R. Ziegler, Editor/Publisher, Defense Acquisition Regulations System. Therefore, the Defense Acquisition Regulations System proposes to amend 48 CFR parts 209, 212, and 252 as follows: 0

1. The authority citation for parts 209, 212, and 252 continues to read

as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 209--CONTRACTOR QUALIFICATIONS 0

2. Add sections 209.171, 209.171-0, 209.171-1, and 209.171-2 to subpart

209.1 to read as follows: Sec. 209.171 Certification requirement for military recruitment advertising. 209.171-0 Scope. 209.171-1 Policy. 209.171-2 Solicitation provision and contract clause. 209.171 Certification requirement for military recruitment advertising. 209.171-0 Scope. This section implements section 1555 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 (Pub. L. 118-31). 209.171-1 Policy. (a) On or before December 31, 2030, DoD may not enter into any contract, task order, or delivery order, or extend, renew, or otherwise modify an existing contract (e.g., exercise of an option), for the placement of military recruitment advertisements on behalf of DoD without receipt of the certification described in paragraph (b) of this section. (b) In order to be eligible for contract award, an offeror is required to certify, in response to the provision at 252.209-70YY, Military Recruitment Advertising--Certification, that it does not-- (1) Rate or rank news or information sources for the factual accuracy of their content; (2) Provide ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) Acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (b)(1) or (2) of this section from any other person for military recruiting contracts. 209.171-2 Solicitation provision and contract clause. (a) Use the provision at 252.209-70YY, Military Recruitment Advertising--Certification, in solicitations that include the clause at 252.209-70ZZ, Restriction on Military Recruitment Advertising. (b) Use the clause at 252.209-70ZZ, Restriction on Military Recruitment Advertising, in solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial services, for the placement of military recruitment advertisements on behalf of DoD that are valued above the simplified acquisition threshold and to be awarded on or before December 31, 2030. PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 0

3. Amend section 212.301 by revising paragraph (f)(iv) to read as

follows: 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services. * * * * * (f) * * * (iv) Part 209--Contractor Qualifications. (A) Use the provision at 252.209-7011, Representation for Restriction on the Use of Certain Institutions of Higher Education, as prescribed at 209.170-4, to comply with section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283). (B) Use the provision at 252.209-7012, Prohibition Relating to Conflicts of Interest in Consulting Services--Certification, as prescribed in 209.572(e), to comply with section 812 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31). (C) Use the provision at 252.209-70YY, Military Recruitment Advertising--Certification, as prescribed at 209.171-2(a), to comply with section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31). (D) Use the clause at 252.209-70ZZ, Restriction on Military Recruitment Advertising, as prescribed at 209.171-2(b), to comply with section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31). * * * * * PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0

4. Add sections 252.209-70YY and 252.209-70ZZ to subpart 252.2 to read

as follows: 252.209-70YY Military Recruitment Advertising--Certification. As prescribed in 209.171-2(a), use the following provision: MILITARY RECRUITMENT ADVERTISING-CERTIFICATION (DATE) The Offeror certifies that it-- (a) Does [ ] does not [ ] rate or rank news or information sources for the factual accuracy of their content; (b) Does [ ] does not [ ] provide ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; and (c) Does [ ] does not [ ] acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (a) or (b) of this provision from any other person for military recruiting contracts. (End of provision) 252.209-70ZZ Restriction on Military Recruitment Advertising. As prescribed in 209.171-2(b), use the following clause: Restriction on Military Recruitment Advertising (Date) (a) Restriction. In the performance of this contract, the Contractor must not-- [[Page 38386]] (1) Rate or rank news or information sources for the factual accuracy of their content; (2) Provide ratings or opinions on news or information sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or (3) Acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (a)(1) or (2) of this clause from any other person for military recruiting contracts. (b) Subcontracts. The Contractor must include the substance of this clause, including this paragraph (b), in subcontracts for military recruitment advertising. (End of clause) [FR Doc. 2026-12826 Filed 6-24-26; 8:45 am] BILLING CODE 6001-FR-P

What this changes

Amends 3 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

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