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Dryad

The capacity challenge: Governing in an era of rapid scientific, technological, and economic change

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Jan 20, 2023 version files 3.61 MB

Abstract

In this research, we examined how public regulatory agencies respond to rapidly emerging technologies. Our study examined the role of the Food and Drug Administration as it manages first-in-human clinical trials using CRISPR/Cas-9 gene editing technologies and we examined both state and federal regulators who are managing the introduction of connected and autonomous vehicle (CAV) technologies. The research builds on a concept of "absorptive capacity" that examines the types of investments firms make in fields of rapidly emerging technologies that allow them to remain competitive. Prior to our study, this concept had not been applied in the public sector. We found that public sector agencies, when they have the budget to do so, make similar kinds of investments to ensure that they can perform their legislatively mandated roles.  Because public sector agencies are sometimes constrained in their ability to make such investments (e.g., lack of budget; barriers to recruitment), many agencies find creative ways to bolster their own technical capacity. In fact, this can be a preferred strategy when building up internal capacity might take too much time. Our research indicates that the public sector agencies asked to determine, as a matter of public policy, the likely risks and benefits of CRISPR/Cas-9 and CAV emerging technologies bring significant expertise to the table and, in many cases, do not lag their private sector counterparts in their technical understanding of the technologies they are asked to review. An important feature of our research is that we studied agencies that, because they provide access to markets for new technologies, often have the support of regulated actors who enjoy the benefits of having received a stamp of safety or effectiveness.  We believe that this support from the regulated sector may be important in providing agencies with the resources, including political legitimacy, they need to be able to maintain expertise. The research findings are based on interviews with private sector actors in the process of developing CRISPR/Cas-9 medical treatments or CAV technologies and with agency personnel at the state and federal level.