FORCE Act
The FORCE Act would create a National Defense Executive Reserve (the Reserve) inside the Defense Production Act framework. The core idea is to enlist privately employed experts who volunteer, are trained, and can be temporarily brought into federal agencies during national defense emergencies to augment government capacity without hiring more full-time staff. The Act lays out how the Reserve would be established, activated, trained, and overseen, including protections for volunteers and a plan to fund and regulate these activities. It also makes substantial changes to the Defense Production Act’s framework for voluntary agreements, aiming to streamline processes and reduce some government-wide regulatory coordination (notably involving the Federal Trade Commission) while requiring the Attorney General to issue rules balancing national defense needs with competition concerns. A voluntary agreement process would be developed within 18 months (or upon AG rulemaking), focusing on critical defense issues such as catastrophic cyber events and involving Reserve units. Potential impacts include faster, cost-efficient expansion of federal capacity during emergencies, diminished need for large increases in permanent staffing, and more formal coordination between federal agencies and private experts. However, concerns could arise about oversight, conflicts of interest, security clearances, contractor-like dynamics, and ensuring appropriate balance between national defense needs and competition/antitrust considerations.
Key Points
- 1Establishment of a National Defense Executive Reserve within the Defense Production Act, enabling private individuals with specialized expertise to volunteer, train, and be temporarily employed in federal agencies during national defense emergencies; designed to augment government capacity cost-effectively.
- 2Activation and governance framework: Reserve units would be created within the Department of Commerce, Department of Defense, Department of Homeland Security, and other agencies the President designates; activation is tightly constrained (non-delegable, tied to a national emergency with authorized activation, and requires a public determination of necessity).
- 3Training, rules, and protections: The President may conduct periodic training without activation; the Office of Personnel Management (OPM) must issue comprehensive rules within 270 days covering positions, seniority, compensation, travel and lodging, security clearances, training frequency, interaction with permanent staff, management by agency heads, and employment protections (USERRA-like protections for volunteers).
- 4Funding and legal alignment: The Act would amend the Defense Production Act to fund and govern the Reserve (adding a new section 712) and make conforming amendments to related sections, ensuring the Reserve is treated as part of the authorized defense response toolkit.
- 5Overhaul of voluntary agreements: The bill restructures provisions around voluntary agreements under the Defense Production Act, reducing certain interagency oversight (notably removing FTC-wide involvement in some areas), giving more authority to the Attorney General to issue balancing rules, and requiring a voluntary agreement developed within 18 months (or after AG rule) addressing a current critical national defense issue (e.g., catastrophic cyber response) that can utilize Reserve units.