FORCE Act Creates 'Executive Reserve' of Private Citizens for National Defense Emergencies

The Federal Overhaul of Reserve Command Executive Modernization Act, or FORCE Act, is essentially the government’s plan to create a deep bench of skilled private citizens who can be called up to serve in federal agencies during a major national defense emergency. Think of it like the National Guard, but for highly specialized, white-collar expertise.

The bill establishes the National Defense Executive Reserve (NDER) within the Defense Production Act of 1950 (Sec. 2). The goal is simple: when disaster strikes—say, a massive cyberattack or a supply chain collapse—the government can instantly bring in experts without the usual slow hiring process. The Departments of Commerce, Defense, and Homeland Security are mandated to set up these Reserve units within 180 days of final rules being issued, ensuring they have pre-vetted talent ready to go.

Your Job Is Protected (If You Volunteer)

If you’re a software architect, a logistics manager, or a cybersecurity expert who volunteers for this Reserve and gets called up, the bill protects your regular job. It grants NDER volunteers the same reemployment rights and protections as those called up for temporary service under the Robert T. Stafford Act (Sec. 2). This means you don’t have to worry about losing your primary income source while serving your country temporarily. However, activation is limited: the President must declare a national emergency and specifically state that activating the NDER is necessary for national defense—he can’t delegate this authority.

The Fine Print on Pay and Perks

While this sounds like a great way to serve, the devil is in the details that the Office of Personnel Management (OPM) and the Commerce Secretary have to write within 270 days (Sec. 2). They need to figure out everything from security clearance procedures to what pay, travel, and lodging volunteers will receive, even during training exercises. If these rules are too vague, there’s a risk that those selected might be based more on connections than qualifications, or that compensation could be inconsistent. For the average person, this means waiting to see if the rules make volunteering financially feasible and fair.

Regulatory Cleanup and the FTC’s Exit

The second major part of the FORCE Act is a regulatory overhaul of how the government works with private industry during crises. The bill changes how “voluntary agreements” are made under the Defense Production Act (Sec. 3). These agreements allow competing companies to coordinate production or distribution for national defense purposes without violating antitrust laws.

Crucially, the bill removes the Federal Trade Commission (FTC) from this process. Management authority shifts to the Secretary of Commerce, while the Attorney General is tasked with creating rules to balance defense needs with preventing anti-competitive behavior (Sec. 3). For businesses, this streamlines the process, but for the public, removing the FTC—an agency specifically tasked with protecting fair competition—could mean less scrutiny of these powerful agreements, potentially allowing companies to gain an unfair advantage during a crisis.

Mandatory Emergency Planning

To ensure this new Reserve is actually used, the President is mandated to develop a new voluntary agreement within 18 months of the law passing (Sec. 3). This agreement must address a current, critical national defense issue—for example, creating a plan to quickly restore critical infrastructure after a catastrophic cyberattack. This plan must utilize the newly created National Defense Executive Reserve. This is the bill’s check on itself, ensuring that the government doesn't create this new reserve only to let it sit on a shelf. It forces real-world application of the concept, which is good news for preparedness, especially in sectors like utilities and finance that rely on robust infrastructure.