United States Innovation and Competition Act of 2021

House status

On Monday, June 28, the House passed bipartisan legislation to boost the U.S.’s competitiveness on research and development (R&D), H.R. 2225, the National Science Foundation (NSF) for the Future Act (345-67), and H.R. 3593, the Department of Energy Science for the Future Act (351-68). The NSF for the Future Act authorizes nearly $80 billion over five years in funding for existing and new NSF programs, include a new science and technology directorate. The DOE Science for the future Act authorizes around $50 billion over five years for the DOE Office of Science programs, and helps establish new research initiatives. The companion bills are likely to feature as the foundation for the House’s counter proposal to the Senate’s U.S. Innovation and Competition Act. The path forward for a comprehensive agreement to ensure U.S. competitiveness in R&D is currently unclear, but both chambers have a foundation for a future package by passing these bills.

The NSF for the Future Act’s key provisions include:

  • Establishes a new NSF office to address climate change, national security, U.S. global competitiveness, and income inequality.
  • Creates the Directorate for Science and Engineering Solutions (SES), a new directorate to fast-track translational R&D and generate opportunity to solve societal issues through technology research institutes, grants, fellowships, and scholarship programs.
  • Supports activities and partnerships to expand participation in NSF-funded projects in artificial intelligence, critical minerals mining strategies and technologies, unmanned aerial vehicle technology, technology and behavioral science research, and advanced manufacturing, among others.
  • Sets aside substantial investments to support STEM education and training and establishes a pilot program to expand research opportunities students attending emerging research institutions and minority serving institutions.


The DOE Science for the Future Act’s key provisions include:

  • Provides increased funding for DOE research programs and offers policy guidance updates for the programs operated across 29 national labs and facilities.
  • Establishes priorities for R&D of technologies in the fields of advanced energy storage, biofuels, artificial intelligence, quantum computing, scientific computing, materials, and fundamental physics, among the many other energy, science, and technology innovation programs operated by the Office of Science
  • Expands the DOE’s work on quantum information science and high performance computing
  • Establishes new programs including an R&D accelerator program,  a high-intensity laser initiative, helium conservation program, and the Office of Science Emerging Infectious Disease Computing Research Initiative
  • Establishes a path for DOE to expand diversity and inclusion in the STEM workforce and expands programs to increase outreach to minority and underrepresented student populations

Senate status

The ongoing global supply chain hurdles and associated manufacturing slowdowns, combined with geopolitical strife around everything relating to China, has created an atmosphere of relative bipartisan agreement around investing in technology development and the industrial base. On June 8, the U.S. Senate passed the United States Innovation and Competition Act (USICA) of 2021, with bipartisan support and a vote for passage (68-32). The final agreement passed by the Senate includes around $250 billion in increased spending – according to Congressional Budget Office the legislation includes nearly $190 billion for domestic technology markets – and incorporates input from six Senate Committees with jurisdiction over policies covered in the bill. The Senate’s bipartisan support of the legislation shows the commitment of its Members to provide important resources to both the U.S. government and industry to compete on a global scale.

The bill aims to boost U.S. competitiveness with China through increased investments in science and technology, manufacturing, research and development, supply chains, intellectual property, STEM education and national security. On May 27, the Senate passed a key procedural vote (68-30) to invoke cloture on Senate Majority Leader Chuck Schumer’s (D-NY) substitute amendment – an expansion of the Endless Frontier Act. Senators submitted over 600 amendments to the legislation - over 20 were considered - and nine were agreed to on a bipartisan basis.

Key provisions in USICA

The CHIPS for America Act

The bill provides $52 BILLION in supplemental funding for the previously passed CHIPs act, which provides incentives for semiconductor research and development programs including legacy chip production, advanced packaging, advanced materials, and related technologies. This funding is directly aimed at recent concerns that semiconductor shortages are hampering domestic manufacturing, but is unlikely to spur immediate resolution of those issues.

Endless Frontier Act

The largest impact of the Endless Frontier Act is to massively change the prerogative of the National Science Foundation from an academic research focused institution to one that drives industry and economic dominance in the technology field. The legislation establishes a new Technology Directorate, authorized at $29 BILLION at the NSF to fund research and development at collaborative institutes, supporting academic technology transfer and intellectual property protection, establishing technology testbeds, and awarding scholarships and fellowships. This would nearly double the existing NSF budget.

  • Authorizes nearly $120 BILLION* for the National Science Foundation, Department of Commerce, Department of Energy, and the National Aeronautics and Space Administration to strengthen American leadership in science and technology through investments in research and development, manufacturing, and securing domestic supply chains.
  • Authorizes $52 BILLION* for precision agriculture, rural STEM education, quantum information science, skilled technical education, critical minerals, and bioeconomy research and development programs.
  • Authorizes $8 BILLION* for the Department of Commerce (DOC) to create regional technology hub programs to build economic development, technology, and infrastructure development.
  • Authorizes $2 BILLION* in new DOC incentives for domestic production of mature semiconductor technologies.
  • Authorizes an additional $16.9 BILLION* for Department of Energy for research and development in the key technology focus areas.
  • Establishes key technology focus (Sec. 2005) areas for the U.S. government for investments: artificial intelligence, machine learning, autonomy, and related advances, high performance computing, semiconductors, and advanced computer hardware and software, robotics, automation, and advanced manufacturing, advanced communications technology and immersive technology, data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics. Advanced energy and industrial efficiency technologies, such as batteries and advanced nuclear technologies, including but not limited to for the purposes of electric generation, and advanced materials science, including composites and 2D materials.

Advancing American AI Act

  • Requires the Office of Management and Budget to establish four pilot programs to identify use cases for AI across government using commercially available technologies and systems.
  • Develops principles and policies for the use of artificial intelligence in government, specifically to address federal contracts for AI systems.

Buy American

  • Strengthens and modernizes Buy American requirements and increase transparency on Buy American waivers by creating a website depository.

Key amendments

SEN. CHRIS COONS (D-DE)

(PASSED)

Creates a Foundation for Energy Security and Innovation, a non-profit intended to help the Department of Energy raise private funds for commercializing new energy technologies. The amendment incorporates a version of the Partnerships for Energy Security and Innovation Act.

SEN. BEN SASSE (R-NE)

(PASSED)

Authorizes an additional $3.5 billion per year of funding for five years for the Defense Advanced Research Projects Agency (DARPA) research and development efforts in technology focus areas. The amendment double DARPA’s funding through FY2026.

SEN. MIKE CRAPO (R-ID) AND SEN. RON WYDEN (D-OR)

(PASSED)

The Trade Act of 2021 includes provisions related to trade authority, including language to renew and extend expired exclusions for Section 301 tariffs, provide retroactive duty refunds on certain products, establishes a newly reformed exclusion application process.

SEN. JOHN CORNYN (R-TX)

(FAILED)

To remove prevailing wage - Davis-Bacon provisions - requirements for the semiconductor manufacturing industry to receive the funding included in the CHIPS for America provisions.

SEN. THOM TILLIS (R-NC)

(PASSED)

Requires the voluntary collection of demographic information - including gender, race, military or veteran status, and other relevant data - for patent inventors.

* Authorized over five years, FY2022-2026