On April 20th, President Donald Trump invoked the Defense Production Act regarding the development, manufacturing, and deployment of large-scale energy and energy-related infrastructure, including data centers.
On January 20th, 2025, President Trump declared a national emergency with regard to what he saw as America’s inadequate energy production, transportation, refining, and generation. Mr. Trump said in that order that left us vulnerable to hostile foreign actors and poses an imminent and growing threat to national security.
On April 20th, the President found that domestic capability for the development, manufacturing, and deployment of large-scale energy and energy-related infrastructure cannot be met due to financing risks, regulatory delays, and market barriers.
The order declares:
—Development, manufacturing, and deployment of large-scale energy and energy-related infrastructure, including engineering, site acquisition and preparation, permitting, early-stage risk mitigation, domestic manufacturing capacity, and enabling infrastructure are items essential to the national defense;
—Without Presidential action under the Defense Production Act, US industry cannot be reasonably be expected to provide these capabilities in a timely manner;
—Purchases, purchase commitment, financial support for the development of production capabilities, or other action pursuant to Section 303 of the Defense Production Act are the most cost-effective, expedient, and practical method for meeting this need.
The President found that action to expand the domestic capability to undertake development, manufacturing, and deployment of large-scale energy and energy-related infrastructure is necessary to avert industrial and critical technology item shortfalls.
The order directed the Secretary of Energy to make necessary purchases, commitments, and financial instruments to enable these projects.
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