real or perceived conflicts of interest or other harms 
created by the temporary employment of private per-
sons who volunteer to be temporarily employed by 
the Reserve. 
‘‘(c) RESERVE UNITS.— 
‘‘(1) IN GENERAL.—The President shall require 
the heads of each of the following agencies to estab-
lish a unit of the Reserve within the applicable agen-
cy: 
‘‘(A) The Department of Commerce. 
‘‘(B) The Department of Defense. 
‘‘(C) The Department of Homeland Secu-
rity. 
‘‘(D) Such other agencies as the President 
determines appropriate. 
‘‘(2) DEADLINE.—The units of the Reserve 
within the agencies described under subparagraphs 
(A), (B), and (C) shall be established not later than 
180 days after the issuance of the final rules re-
quired under subsection (f). 
‘‘(d) ACTIVATION.—The President may only activate 
a unit of the Reserve— 
‘‘(1) on non-delegable basis; 
‘‘(2) during a national emergency declared by 
the President under the National Emergencies Act 
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(50 U.S.C. 1601 et seq.) with respect to which the 
President has specified, as described under section 
301 of such Act, that the President may activate the 
Reserve pursuant to the authorities under this sec-
tion; and 
‘‘(3) upon a public determination by the Presi-
dent that the activation is necessary to support the 
national defense. 
‘‘(e) TRAINING.—The President may, without acti-
vating the Reserve, allow for periodic training and exer-
cises to prepare the Reserve for duty during an activation. 
‘‘(f) RULEMAKING.—Not later than 270 days after 
the date of enactment of this section, the Director of the 
Office of Personnel Management, in consultation with the 
Secretary of Commerce, the Secretary of Defense, and the 
Secretary of Homeland Security, shall issue rules, in ac-
cordance with section 553 of title 5, United States Code, 
to provide— 
‘‘(1) instruction on— 
‘‘(A) criteria for determining the number 
of positions in and organization of Reserve 
units; 
‘‘(B) criteria for determining the appro-
priate level of seniority and job classifications of 
Reserve positions; 
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‘‘(C) the advertisement of the Reserve to 
the public to generate interest in volunteers; 
‘‘(D) the selection of individuals for the 
Reserve and the job assignment process; 
‘‘(E) the appointment authorities to be 
used by the head of an agency during an activa-
tion of the applicable Reserve unit; 
‘‘(F) the appropriate levels of compensa-
tion for private individuals for service in the 
Reserve, dependent on the qualifications and 
expected roles of the individuals; 
‘‘(G) the appropriate levels of compensa-
tion for private individuals for service in the 
Reserve for additional expenses, such as travel 
and accommodation, to fulfill the responsibil-
ities in the Reserve, including during training 
and exercise; 
‘‘(H) additional incentives to be provided 
to private individuals to encourage participation 
in the Reserve; 
‘‘(I) whether and how to issue security 
clearances to individuals selected to serve in the 
Reserve, both prior to and during activation; 
‘‘(J) the frequency and content of training 
and exercises for the Reserve; 
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‘‘(K) the appropriate interaction between 
permanent Government employees and individ-
uals in the Reserve during training, exercises, 
and activations of the Reserve; 
‘‘(L) the appointment of permanent Gov-
ernment employees to manage the Reserve for 
each agency with a Reserve unit, both prior to 
and during activation; 
‘‘(M) all other matters necessary to effec-
tively manage the Reserve, as determined by 
the Director of the Office of Personnel Manage-
ment; and 
‘‘(2) recommendations and considerations for 
the President on selective activation of the Reserve. 
‘‘(g) ADDITIONAL GUIDANCE.—The Director of the 
Office of Personnel Management may issue any additional 
internal guidance as the Director of the Office of Per-
sonnel determines is necessary to supplement the rules 
issued under subsection (f). 
‘‘(h) EMPLOYMENT PROTECTION.—For purposes of 
chapter 43 of title 38, United States Code, an individual 
absent from a position of employment due to an appoint-
ment into service in the Reserve shall be subject to the 
same employment and reemployment protections as are 
provided under such chapter for an individual absent from 
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a position of employment due to an appointment into serv-
ice in the Federal Emergency Management Agency as 
intermittent personnel under section 306(b)(1) of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act.’’. 
(b) FUNDING.—Section 304(c) of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4534(c)) is amended by 
inserting ‘‘and section 712’’ after ‘‘this title’’. 
(c) CONFORMING AMENDMENT.—Section 710 of the 
Defense Production Act of 1950 (50 U.S.C. 4560) is 
amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
SEC. 3. IMPROVING THE USE OF VOLUNTARY AGREE-
MENTS. 
(a) IN GENERAL.—Section 708 of the Defense Pro-
duction Act of 1950 (50 U.S.C. 4558) is amended— 
(1) by striking subsection (c)(2) and inserting 
the following: ‘‘The authority granted to the Presi-
dent in paragraph (1) and subsection (d) may be 
delegated by him to the head of any Federal agency 
to which the President has delegated authority 
under this Act.’’; 
(2) by striking subsection (c)(3); 
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(3) in subsection (d)(2), by striking ‘‘and the 
Federal Trade Commission.’’; 
(4) by striking subsection (e) and inserting the 
following: 
‘‘(e) 
RULEMAKING
RELATING
TO
VOLUNTARY 
AGREEMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary of Com-
merce issue rules, after approval of the Attorney 
General, in accordance with section 553 of title 5, 
United States Code, that incorporate standards and 
procedures by which voluntary agreements and plans 
of action may be developed and carried out. 
‘‘(2) PUBLICATION
REQUIREMENT.—Notwith-
standing section 553 of title 5, United States Code, 
the Secretary of Commerce shall publish any rule 
issued under paragraph (1) in the Federal Register 
not less than 30 days before the effective date of 
such rule.’’. 
(5) in subsection (f)— 
(A) in paragraph (1)(B)— 
(i) striking by ‘‘(after consultation 
with the Chairman of the Federal Trade 
Commission)’’; and 
(ii) striking by ‘‘and publishes such a 
finding in the Federal Register’’; and 
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(B) in paragraph (2), by striking ‘‘(after 
consultation with the Chairman of the Federal 
Trade Commission)’’; 
(6) in subsection (g), by striking ‘‘and the 
Chairman of the Federal Trade Commission’’ and 
inserting ‘‘and the Secretary of Commerce’’; 
(7) in subsection (h)— 
(A) in subparagraph (2), by striking ‘‘and 
the Chairman of the Federal Trade Commis-
sion’’; 
(B) in subparagraph (3), by striking ‘‘, or 
the Chairman of the Federal Trade Commis-
sion’’ in both places it appears; 
(C) in subparagraph (4), by striking ‘‘and 
the Chairman of the Federal Trade Commis-
sion’’; 
(D) by striking paragraphs (6), (7), (8), 
(10), and (11) and redesignating paragraph (9) 
as paragraph (6); 
(E) in subparagraph (6)(A), as so redesig-
nated, by striking ‘‘the Chairman of the Fed-
eral Trade Commission and’’; and 
(F) in subparagraph (6)(B), as so redesig-
nated, by striking ‘‘and the Chairman of the 
Federal Trade Commission’’. 
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(8) by striking subsection (i) and inserting the 
following: 
‘‘(i) RULES.—The Attorney General shall, not later 
than 270 days after the date of the enactment of this sub-
section, issue a rule, in accordance with section 553 of 
title 5, United States Code, that establishes how the Attor-
ney General shall carry out the responsibilities of the At-
torney General under this section in a manner that main-
tains a proper balance between providing for the national 
defense and protecting competition and preventing anti-
competitive practices and effects from the creation and im-
plementation of voluntary agreements and their plans of 
action.’’; and 
(9) in subsection (k)— 
(A) by striking ‘‘and the Federal Trade 
Commission’’; and 
(B) by striking ‘‘(after consultation with 
the Federal Trade Commission)’’; and 
(10) in subsection (m)— 
(A) by striking ‘‘(d)(2),’’; and 
(B) by striking ‘‘(7), and (8),’’. 
(b) REQUIRED
DEVELOPMENT
OF
VOLUNTARY 
AGREEMENT.— 
(1) IN GENERAL.—Not later than the later of 
the date that is 18 months after the date of the en-
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actment of this Act and the date on which the Attor-
ney General issues a rule under Section 708(i) of the 
Defense Production Act of 1950, the President shall 
develop a voluntary agreement under section 708 of 
the Defense Production Act. 
(2) REQUIREMENTS.—The voluntary agreement 
entered by the President under paragraph (1) 
shall— 
(A) address a current critical national de-
fense issue, such as— 
(i) the need for a plan of action to re-
spond to a catastrophic cyber attack on a 
sector of critical infrastructure, as defined 
in section 5195c(e) of title 42, United 
States Code, including how to restore that 
sector as quickly as possible from the at-
tack through public and private coopera-
tion; or 
(ii) another issue pertinent to national 
defense as determined by the President 
and notified to Congress within 270 days 
of enactment of this Act; and 
(B) use 1 or more of the units of the Na-
tional Defense Executive Reserve established 
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under section 712 of the of the Defense Pro-
duction Act of 1950. 
Æ 
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