Quantum Superposition: When Executive Action and Legislative Inaction Occupy the Same Policy Space

MBHB Summer Associate Walter DeGroft co-authored this article.

Like Paul Atreides proclaiming himself Kwisatz Haderach, the Executive Branch has positioned itself as America’s leading source of quantum funding (without requiring approval of a lethargic Legislative Branch).[1]

Shortly after the Department of Commerce awarded $2.013 billion to quantum computing companies in May 2026,[2] the Trump administration moved on quantum policy via Executive Order 14413 (the EO), which is titled “Ushering in the Next Frontier of Quantum Innovation.”[3] This is further exciting news for an already invigorated quantum computing industry. However, for the keen observer, the EO is inconspicuously similar to previously introduced Senate legislation, such as the “National Quantum Initiative Reauthorization Act of 2026” (the 2026 Bill).[4]

What the EO Actually Does

Before directly comparing and contrasting the EO with the 2026 Bill, let us briefly outline what is included in the EO:

• Secs. 1 and 2 lay out the purpose and policy for a “whole-of-government” approach to bolster America’s “Quantum Information Science and Technology” (QIST).
• Sec. 3 requests all relevant government agencies and officials update their “National Quantum Strategy” (Strategy) to include policies that support QIST within 180 days (December 19, 2026).
• Sec. 4 creates the Quantum Computer for Application Development and Discovery Science (QC-ADDS) Effort. The goal of QC-ADDS being to develop a quantum computer capable of advanced scientific discovery and deliver it to a Department of Energy facility.
• Sec. 5 directs the Secretary of War to prioritize three next-generation quantum sensor projects for deployment by 2028 and mandates that multiple federal agencies develop comprehensive five-year plans to advance quantum sensing and networking technologies.
• Sec. 6 aims to strengthen the domestic quantum supply chain by directing federal agencies to partner with the private sector, increase access to manufacturing resources, and reconstitute an advisory committee to stimulate U.S. development of quantum-enabling technologies—the National Quantum Initiative Advisory Committee (NQIAC).
• Sec. 7 focuses on protecting quantum technology by directing federal agencies to maintain balanced security controls for critical information and expanding the QIST Counterintelligence Protection Team (QCPT) to defend the ecosystem against foreign and cybersecurity threats.
• Sec. 8 discusses building and retaining a skilled quantum workforce by directing federal agencies to establish a government-wide recruitment and retention strategy, prioritize quantum training and apprenticeships, and initiate a network of National QIST Workforce Development Institutes.
• Sec. 9 asks federal agencies to align international engagements and multilateral frameworks, such as Pax Silica[5], with allied nations to strengthen trusted supply chains, harmonize export controls, expand market access for American quantum companies, and counter foreign trade barriers.
• Sections 10 and 11 establish agency reporting schedules to track progress with executive leadership and set standard legal boilerplate clarifying that the order creates no enforceable rights and must adhere to existing laws.

It is important to note that the EO includes no appropriations and no new statutory eligibility rules; everything still runs through existing agency budgets and authority.

Where the EO Mirrors the 2026 Bill

Now on to how this EO mirrors the Senate-proposed quantum legislation, the 2026 Bill:

• Whole-of-government structure: Both abandon the “Department of Energy (DOE) Quantum Leadership Act of 2025” (the 2025 Bill), which is a DOE-only model. The EO routes through the Assistant to the President for Science and Technology (APST), Assistant to the President for National Security Affairs (APNSA), Secretaries of War/Commerce, and other relevant security agencies, while the 2026 Bill would route through National Institute of Standards and Technology (NIST), Department of Homeland Security (DHS), Department of State, DOE, and private/international partners.[6]
• Post-quantum cryptography concerns: §201(e) of the 2026 Bill directs agencies to encourage voluntary post-quantum cryptography (PQC) deployment across NIST quantum centers and risk-management agencies;[7] EO Sec. 7 states that the QCPT’s mandate covers the same coordinated, multi-agency security space without naming PQC directly.
• Supply chain as risk management, not just funding: §201 of the 2026 Bill names lasers, cryogenics, and helium-3 dependencies and plans for supply “shocks”;[8] while EO Sec. 6(d) directs foundry access and critical QIST supply chain protection.[9]
• New workforce infrastructure: Sec. 303 of the 2026 Bill creates the Quantum Reskilling, Education, and Workforce (QREW) Coordination Hub;[10] EO Sec. 8 directs the Office of Personnel Management (OPM) to build a government-wide QIST recruitment and retention strategy.[11][12]
• International and technical-standards alignment: Sec. 105(A) of the 2026 Bill provides for an International Quantum Cooperation Strategy and new NIST quantum centers (Sec. 202), which parallels EO Sec. 9 “Pax Silica” coordination and the Sec. 6(e) NQIAC reconstitution.[13]

What This Suggests the President is Doing

Admittedly, the president is not overriding anything, as the 2026 Bill has not passed (or even been voted on). However, the similarities between the EO and the 2026 Bill are striking. If the 2026 Bill were eventually to pass, then agencies will already be well on their way to compliance as a result of complying with the EO. If the 2026 Bill languishes (like its 2024 and 2025 predecessors[14]), many of its policy goals will still have been met by the EO, regardless.

The EO lands five months after the introduction of the 2026 Bill, and incredibly close to the $2.013 billion CHIPS announcement.[15] This isn’t mere coincidence; it’s the administration moving in lockstep with capital deployment rather than relying on the acts of a torpid Congress to carry the policy banner of such a crucial technology. The EO cranks the dial to 11, though. In addition to implementing many of the objectives of the 2026 Bill with one stroke of the pen, the EO also adds a few additional nuances of its own. For example, QC-ADDS has no legislative analog, clearly demonstrating an aggressive intent to proceed to actual deployment of functional quantum computers in a way that exceeds the proposals previously discussed in the halls of the Senate.

What This Means for the Quantum Industry and Intellectual Property Landscape

The Federal Government is now moving on two tracks simultaneously, capital deployment (CHIPS, DARPA, state grants[16]) and policy underpinnings (the EO), whether or not the Senate acts on the proposed quantum legislation.[17] For industry folks, this signals continuity of federal priority, regardless of if the 2026 Bill passes, and reduces regulatory uncertainty for companies receiving capital commitments for new quantum foundries. For intellectual property strategists, the QCPT expansion foreshadows potentially tighter security review on patent applications, foreign filing licenses, tech transfers, and licensing deals (particularly those involving foreign collaborators). Whether or not the 2026 Bill ever passes the gauntlet of Congress, the government coordination architecture is already being built and the practical effect on quantum companies may arrive before the law does.

[1] Frank Herbert, Dune (1965); The Senate, for its part, has yet to confirm whether this is the Golden Path or just another spice-induced fever dream.

[2] Andrew H. Velzen & Walter DeGroft, From Qubits to Research Facilities: How the $2B Federal Funding Boom is Reshaping the Quantum IP Market, MBHB: Snippets (2026), https://www.mbhb.com/intelligence/snippets/from-qubits-to-research-facilities-how-the-2b-federal-funding-boom-is-reshaping-the-quantum-ip-market/.

[3] Exec. Order No. 14,413, The White House (June 22, 2026), https://www.whitehouse.gov/presidential-actions/2026/06/ushering-in-the-next-frontier-of-quantum-innovation/.

[4] S.3597, 119th Cong. (2026); Andrew H. Velzen & Walter DeGroft, Senators Show Foresight in Latest Quantum Push, MBHB Snippets (2026), https://www.mbhb.com/intelligence/snippets/senators-show-foresight-in-latest-quantum-push/.

[5] Pax Silica, U.S. Dep’t of State, https://www.state.gov/pax-silica (last visited Aug. 6, 2026).

[6] Andrew H. Velzen & Walter DeGroft, Senators Show Foresight in Latest Quantum Push, MBHB Snippets (2026), https://www.mbhb.com/intelligence/snippets/senators-show-foresight-in-latest-quantum-push/.

[7] Id.

[8] Id.

[9] Both the EO and the 2026 Bill treat this as contingency planning, however, which is dissimilar to Sec. 401A(e) of the 2025 Bill flat $50M line item.

[10] Andrew H. Velzen & Walter DeGroft, Senators Show Foresight in Latest Quantum Push, MBHB Snippets (2026), https://www.mbhb.com/intelligence/snippets/senators-show-foresight-in-latest-quantum-push/.

[11] Andrew H. Velzen & Walter DeGroft, Senators Push for U.S. Leadership on Quantum, MBHB Snippets (July 9, 2025), https://www.mbhb.com/intelligence/snippets/senators-push-for-u-s-leadership-on-quantum/.

[12] Both the EO and the 2026 Bill build standing institutions, where Sec. 3(2) of the 2025 Bill only widened funding eligibility.

[13] Both the EO and the 2026 Bill push international and standards-body infrastructure, which the 2025 Bill never touches.

[14] S. 4932, 118th Cong. (2024); S. 579, 119th Cong. (2025); Andrew H. Velzen & Walter DeGroft, Senators Show Foresight in Latest Quantum Push, MBHB Snippets (2026), https://www.mbhb.com/intelligence/snippets/senators-show-foresight-in-latest-quantum-push/.

[15] Andrew H. Velzen & Walter DeGroft, From Qubits to Research Facilities: How the $2B Federal Funding Boom is Reshaping the Quantum IP Market, MBHB: Snippets (2026), https://www.mbhb.com/intelligence/snippets/from-qubits-to-research-facilities-how-the-2b-federal-funding-boom-is-reshaping-the-quantum-ip-market/.

[16] Id.

[17] S. 579, 119th Cong. (2025); Andrew H. Velzen & Walter DeGroft, Senators Show Foresight in Latest Quantum Push, MBHB Snippets (2026), https://www.mbhb.com/intelligence/snippets/senators-show-foresight-in-latest-quantum-push/.