HR3561-119

What This Bill Does

The FORCE Act amends title VII of the Defense Production Act. It requires the President to establish a National Defense Executive Reserve to improve federal preparedness for national defense emergencies by allowing private persons with unique expertise to volunteer, train for, and be temporarily employed in federal positions at agencies with reserve units. The Reserve is intended to augment federal capacity during emergencies without permanently expanding the full-time workforce and to establish controls and oversight before activation to avoid conflicts of interest or other harms. The President must require units at the Department of Commerce, Department of Defense, Department of Homeland Security, and any other appropriate agencies, with the three named agencies establishing units within 180 days after final rules. The President may activate reserve units during a national defense emergency. The bill also revises Defense Production Act voluntary-agreement provisions: presidential authority may be delegated to federal agency heads with delegated DPA authority, Commerce must issue rules after Attorney General approval for voluntary agreements and plans of action, rules must be published at least 30 days before effective date, and multiple references to consultation with or involvement by the Federal Trade Commission are removed or replaced with Commerce.

Who Benefits and How

Federal emergency managers benefit from a pre-trained private-expert reserve for national defense emergencies. Private-sector experts benefit from a formal volunteer pathway into temporary federal emergency service. Commerce Department officials benefit from a larger role in reserve units and voluntary-agreement rulemaking. Defense and Homeland Security agencies benefit from reserve units that can augment emergency capacity.

Who Bears the Burden and How

Participating private experts must comply with conflict-of-interest controls and temporary federal employment rules. Commerce, Defense, and Homeland Security must establish reserve units after final rules. The President must create activation and oversight structures for national defense emergencies. FTC staff lose consultation roles in several voluntary-agreement procedures. Attorney General staff must approve Commerce voluntary-agreement rules.

Key Provisions

• Establishes a National Defense Executive Reserve under the Defense Production Act.
• Requires reserve units at Commerce, Defense, Homeland Security, and other agencies designated by the President.
• Allows private experts to volunteer, train, and temporarily serve in federal positions during national defense emergencies.
• Requires conflict controls and oversight before reserve activation.
• Revises DPA voluntary-agreement procedures and shifts rulemaking responsibility to Commerce with Attorney General approval.
• Removes multiple Federal Trade Commission consultation references from voluntary-agreement provisions.