FORCE Act
- Bill Number
- H.R. 3561
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Emergency Management
- Status
- Introduced
- Latest Action
- 2025-05-21: Referred to the House Committee on Financial Services.
- Last Updated
- 2026-02-04T05:06:16Z
AI-Generated Summary
Purpose of the Legislation
The "Federal Overhaul of Reserve Command Executive Modernization Act" (FORCE Act), H.R. 3561, aims to strengthen U.S. national defense preparedness by creating a pool of private sector experts who can temporarily assist federal agencies during emergencies. It also streamlines processes for voluntary agreements between government and private industry to support defense production, ensuring quicker responses to threats like cyber attacks while maintaining oversight to prevent conflicts of interest or anticompetitive practices.
Key Provisions
- Establishment of the National Defense Executive Reserve (Section 2):
- Creates a "National Defense Executive Reserve" (Reserve) under the Defense Production Act of 1950, allowing private individuals with specialized skills to volunteer, train, and serve temporarily in federal roles during national defense emergencies.
- Reserve units must be set up in the Departments of Commerce, Defense, and Homeland Security (plus others as decided by the President) within 180 days of final rules being issued.
- Activation is limited to the President (non-delegable authority) during a declared national emergency under the National Emergencies Act, only if publicly determined necessary for national defense.
- Permits non-activation training and exercises to prepare volunteers.
- The Office of Personnel Management (OPM) Director must issue rules within 270 days of enactment, covering topics like unit size, volunteer selection, compensation (including for travel), incentives, security clearances, training frequency, and conflict-of-interest safeguards.
- Provides employment protections for reservists, similar to those for federal emergency workers (e.g., job security during service).
- Funds the Reserve through existing Defense Production Act appropriations.
- Improvements to Voluntary Agreements (Section 3):
- Amends Section 708 of the Defense Production Act to simplify how the President forms voluntary agreements with private companies for defense-related actions (e.g., resource allocation during crises).
- Shifts oversight from the Federal Trade Commission (FTC) to the Secretary of Commerce and Attorney General (AG), including new rulemaking requirements:
- Commerce Secretary issues rules (approved by AG) on developing and implementing these agreements, published in the Federal Register at least 30 days before effective.
- AG issues rules within 270 days to balance national defense needs with antitrust protections (preventing unfair business practices).
- Requires the President to develop at least one voluntary agreement within 18 months of enactment (or after AG's rule), targeting a critical issue like responding to a cyber attack on critical infrastructure, and incorporating Reserve units.
Significant Changes to Existing Law
- New Reserve Framework: Inserts a new Section 712 into Title VII of the Defense Production Act, introducing the first structured reserve of private executives for defense emergencies, with detailed activation limits and preemptive oversight rules. This expands beyond current ad-hoc hiring by creating volunteer units and protections.
- Voluntary Agreements Overhaul: Removes FTC's role in approvals, consultations, and antitrust reviews under Section 708, centralizing it with Commerce and the AG for faster processes. Strikes outdated subsections, redesignates others, and mandates proactive agreement development tied to the new Reserve.
- Funding and Conforming Edits: Adds Reserve funding to existing allocations (Section 304) and removes/reorganizes minor provisions in Section 710 for consistency.
These changes modernize the 1950 Act to address contemporary threats like cyber risks, reducing bureaucratic hurdles while enhancing legal safeguards.
Potential Impacts
- On Government Agencies: Agencies like Commerce, Defense, and Homeland Security gain flexible, expert augmentation during emergencies without permanent staffing increases, potentially improving response times and efficiency. OPM and the AG face new rulemaking burdens, requiring coordination across departments.
- On Citizens: Private individuals (e.g., executives with niche skills) can volunteer for paid, protected service, offering civic participation opportunities but exposing them to temporary federal duties. Broader public benefits include faster crisis recovery, such as restoring infrastructure after attacks.
- On International Relations: Minimal direct impact, but enhanced U.S. defense readiness could strengthen deterrence against global threats (e.g., cyberattacks from foreign actors), indirectly supporting alliances by ensuring robust domestic capabilities.
Overall, the Act promotes cost-effective emergency management, potentially saving taxpayer money by leveraging private expertise over full-time hires.
Main Stakeholders Affected
- Federal Government: President (activation authority), OPM (rulemaking and management), Departments of Commerce, Defense, and Homeland Security (hosting units), and the AG (antitrust balance).
- Private Sector: Business leaders and experts eligible to volunteer for the Reserve; companies involved in voluntary agreements for defense production.
- Congress: Receives notifications on Reserve expansions and agreement topics; oversees funding and emergency declarations.
- General Public: Benefits from improved national security but may face indirect effects like temporary business disruptions during activations.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces the Defense Production Act's emergency powers while adding transparency (e.g., public activation determinations) and protections against conflicts (pre-activation vetting). Employment safeguards under federal law (e.g., akin to disaster relief statutes) ensure reservists' rights, but rulemaking must follow Administrative Procedure Act standards (e.g., public notice). Antitrust rules by the AG aim to comply with competition laws, preventing legal challenges over monopolistic agreements.
- Constitutional: Aligns with the President's commander-in-chief role (Article II) for non-delegable emergency actions, but limits activations to declared emergencies, respecting congressional oversight via the National Emergencies Act. No direct civil liberties concerns, as participation is voluntary with security clearance options.
- Political: Could spark debates on privatization of government roles (e.g., private experts in sensitive positions) or over-reliance on executive emergency powers. Bipartisan introduction (by Reps. Nunn and Himes) suggests broad appeal for modernization, but implementation timelines (e.g., 270 days for rules) may face delays or funding disputes in Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-05-21: Referred to the House Committee on Financial Services.
- 2025-05-21: Introduced in House
- 2025-05-21: Introduced in House
Bill Versions
- Federal Overhaul of Reserve Command Executive Modernization Act — issued 2025-05-21 — PDF (12 pages)