Effective Partnering_ a Report to Congress on Federal Technology Partnerships

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    1Effective Partnering: A Report to Congress on Federal Technology Partnerships

    OFFICE OF TECHNOLOGY POLICY

    EFFECTIVE PARTNERING:

    A REPORT TO CONGRESS ON

    FEDERAL TECHNOLOGY PARTNERSHIPS

    Richard J. Brod y, Ph.D.

    Project Director

    U.S. Departm ent of Commerce

    Office of Technology Policy

    April 1996

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    3Effective Partnering: A Report to Congress on Federal Technology Partnerships

    OFFICE OF TECHNOLOGY POLICY

    TABLEOF CONTENTS

    PAGE

    FOREWORD ............................................................................................. 5

    CHAPTER 1: EXECUTIVE SUMMARY ......................................................... 7U.S. Technology Policy After World War II ........................................7

    Imp act of Foreign Com petition .............................................................8

    Changing Env iron ment for Defen se R&D ..........................................8

    Rise of Local an d State Partn ersh ip Program s ................................... 9

    Rise of Fed era l Partner ship Programs ................................................. 9

    Find ings ..................................................................................................12

    Recom mendations ................................................................................14

    CHAPTER 2: FEDERAL TECHNOLOGY POLICY, 19501980 ..................... 17Dual Thrusts: Basic Research and Mission R&D..............................17

    Commercial Impacts from Basic Research, Mission Research,

    an d Procu rements ...........................................................................18

    The Rise of Global Competition and Its Imp lications for

    Fed eral Techn ology Policy ............................................................20

    CHAPTER 3: TECHNOLOGY PARTNERSHIPSAN D THE EMERGENCE

    OFA NEW PARADIGMFOR ECONOMIC GROWTHAN D

    COMPETITION, 19801995 ............................................................. 23The Role of States an d Priva te Sector Grou ps ..................................23

    Federal Technology Legislation: Leveraging Mission R&D ...........25

    Federal Technology Legislation: Direct Comp etitiveness

    Program s ..........................................................................................30

    Federal Technology Legislation: Dual-Use Partnerships for

    Defen se .............................................................................................32

    The New Parad igm for Improved U.S. Compet itiveness ............... 33

    CHAPTER 4: FINDINGS .......................................................................... 37Partnership Programs and U.S. Comp etitiveness ...........................37

    Partnerships and Govern ment Mission R&D ..................................39

    Sup port for Federal Program s ............................................................40Partnersh ip Programs, Pu blic Policy, and the Business

    Clim ate for Inn ovation .................................................................. 45

    Measu rin g Success ................................................................................47

    A New Paradigm ..................................................................................56

    CHAPTER 5: RECOMMENDATIONS ......................................................... 65Make Partn ership Op portu nities More Accessible and Easier

    to Identify ........................................................................................65

    EFFECTIVE PARTNERING: A REPORT TO CONGRESS

    ON FEDERAL TECHNOLOGY PARTNERSHIPS

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    4 Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    Be a Better Partn er: Improve Speed , Flexibility, and

    Pred ictab ility ...................................................................................69

    Help Small Businesses Secure Necessary Business and

    Financial Advice from State Program s and Private

    Sector Sources .................................................................................73

    Furth er Increase the Private Sector Role in Project

    Defin ition and Selection ................................................................73

    Shift to Com mercial Financial Managem ent Practices ...................74

    Continue Developing an Integrated System of Measuring

    Program Resu lts ..............................................................................76

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    5Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    FOREWORD

    During the past 15 years, successive Congresses and Presidents haveintrodu ced a range of policies and p rogram s designed to increasethe effectiveness of government mission research and development and

    enhan ce U.S. technology-based economic growth . These policies and

    programs include the following:

    n Licensing of federal patents;

    n Cooperative research and developm ent agreements;

    n The Small Business Innovation Research pr ogram;

    n The Advan ced Technology Program ; and

    n The Manufacturing Extension Partn ership.

    Taken as a wh ole, these policies and programs represent a grad ual

    evolution from the historic mod elin wh ich govern men t is the principal

    customer for federa lly sup ported technologyto inclusion of a new

    parad igm app ropriate to this era of dynamic comm ercial markets and

    global comp etition. In this parad igm, governm ent is a partner with the

    private sector in d eveloping and dep loying new commercial technologiesthat fulfill mission objectives and enhance U.S. industrys market

    strength.

    Extensive consultation w ith the p rivate sector confirm s that th ese part-

    nership p olicies and programs, in combination w ith incentives for capital

    formation and regulatory reforms that red uce risk, are impor tant in

    stimulating technological innovation an d imp roving U.S. comp etitive-

    ness.

    This report an alyzes this historic transition and describes best p ractices of

    the new paradigm across the range of program s. It also offers recommen-da tions for further improv ing the effectiveness of present and future

    public-private partnerships.

    Graham R. Mitchell

    Assistant Secretary of Commerce for Technology Policy

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    CHAPTER 1: EXECUTIVE SUMMARY

    Since 1980, successive Congresses and Presidents have established a setof policies and programs designed to imp rove the effectiveness ofgovernm ent m ission research and enhan ce U.S. technology-based eco-

    nom ic grow th. These efforts began w ith mechanisms d esigned to maxi-

    mize the comm ercial impact of federa l investments in research and

    developm ent. Over time, how ever, the policy focus shifted to include

    new programs that seek to enhan ce directly the comp etitiveness of U.S.

    indu stry. This shift represents a fund amen tal chan ge in the philosoph y

    un derlying U.S. technology p olicy.

    We began, in th e years following World War II, with informa l processes

    of technology d iffusion, based on the assu mp tion that technologies

    developed in the course of federal missions wou ld more or less auto-

    matically find use in th e pr ivate sector. In the early 1980s, in an effort to

    meet mission objectives more cost-effectively and to leverage more fully

    the economic impact of mission Research & Development (R&D), the

    government introduced n ew p rograms, based on a mod el of actively

    encouraging commercialization of va luable federal technologies. The

    new est technology p artnersh ips, introd uced in the late 1980s, are based

    on a new p aradigm in wh ich the government is a partner with the pri-

    vate sector in developing an d d eploying new technologies in a global

    economy.

    This report analyzes this historic transition, explores the effectiveness of

    federal technology par tnership p rogram s in meeting their goals, and

    offers recommend ations for furth er imp roving the effectiveness of

    public-private technology partnerships.

    A comp rehensive review of all federal technology partn ership progr ams

    is beyond th e scope of this rep ort. Rather, the r eport focuses on the

    history and developm ent of several key mechanisms for pu blic-private

    R&D partnerships.

    U.S. Technology Pol icy After World War II

    Through out m uch of the postWorld War II period, the U.S. government

    add ed significantly to the worlds science and technology base throu gh a

    two-par t strategy of sup porting basic scientific research and pu rsuing th e

    science and technology missions of federal agen cies and dep artments.

    Fueled by the cold w ar and the space race, federal R&D spen ding rose

    dram atically. By 1964, U.S. governm ent R&D investments exceeded the

    The newest technology

    partnerships are based on

    a new paradigm in which

    the government is a

    partner with the private

    sector in developing

    and deploying new

    technologies in aglobal economy.

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    8 Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    civilian, d efense, and indu strial R&D investments of all other d eveloped

    countries combined .

    U.S.based corporations, by virtue of their global commercial dom inance

    in technology-based ind ustries, benefited especially from the enormous

    amoun t of federally sponsored basic research and mission R&D. The

    American economy benefited from federal R&D throu gh an informal

    process referred to as spin-off, in wh ich th e results of federally fund ed

    research were diffused and app lied in the pr ivate sector.

    U.S. indu stry continues to reap the comm ercial benefits of these invest-

    men ts in federal R&D. The p resent technical and competitive strength of

    the U.S. aerospace, information, compu ting, and biotechnology ind us-tries is du e to a significant degree to sustained gov ernm ent sup port for

    science and technology research over several postwar d ecades.

    Impact of Foreign Competition

    Dur ing the 1970s and 1980s, however, m any foreign comp etitors in-

    creased their technical capabilities and challenged U.S. commercial

    dom inance in both foreign and dom estic markets, wh ich led to enor-

    mou s U.S. job losses and economic dislocation. In this n ew environm ent,

    the U.S. economy benefited less from traditional processes of public-

    private technology development and diffusion.

    There were at least three reasons for this phenom enon. First, as the

    technical sophistication of our ma jor comp etitors grew, they too were

    able to approp riate the outpu t of U.S. governmen t basic and mission

    research, which redu ced the relative imp act of these pu blic investmen ts

    on Am erican econom ic comp etitiveness. Second, trad itional mechanisms

    of technology tran sfer, developm ent, and diffusion took too long in an

    era of accelerating pr ivate sector prod uct developm ent. And th ird, as

    foreign R&D increased, U.S. governm ent R&D rep resented a d eclining

    wor ld sha re. For all these reasons, U.S.based corporations and the U.S.

    economy benefited less than they had previously from federally sup -ported basic research and from technologies resulting from govern men t

    mission investments.

    Changing Environment for Defense R&D

    Dur ing the 1970s and 1980s, the federal govern men ts trad itional ap -

    proach to R&D also became less effective in m eeting governm ents ow n

    needs. Postwar military R&D and procurement had spawned technolo-

    gies such as comp uters, semicond uctors, and jet engines. However,

    U.S. industry continues

    to reap the commercialbenefits of these

    investments in federal

    R&D. The present

    technical and competitive

    strength of the U.S.

    aerospace, information,

    computing, and

    biotechnology industries

    is due to a significant

    degree to sustainedgovernment support for

    science and technology

    research.

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    because of expan ding military specifications and the crush of an increas-

    ingly cumbersome federal procurement system, m ore and more commer-

    cial firms walled off their defense prod uction or refused to do business

    with th e Depar tmen t of Defense (DoD) altogether. As a result, DoD came

    to rely on an increasingly isolated d efense ind ustrial base.

    This segregation of defense and commercial firms occur red at a time

    when the defense industry was gradually losing its unchallenged posi-

    tion of technological leadership. The new technologies most critical to

    Americas military adv antagesoftwar e, comp uters, semicondu ctors,

    telecommunications, advanced materials, and manufacturing technolo-

    gieswere increasingly being d riven by fast-growing commercial de-

    man d, not by m ilitary dem and . To preserve U.S. military sup eriority,DoD had to find a w ay to exploit the ad vanced technologies and efficient

    prod uction capabilities of commercial indu stry.

    Rise of Local and State Partnership Programs

    Faced with economic decline an d job losses, some state an d local govern-

    ments, together with numerous private sector and academic organiza-

    tions, began to bu ild diverse partnerships and programs to p romote

    economic growth an d job creation. Over time, these program s increas-

    ingly focused on the econom ic potential of technology. In the 1960s,

    some governments promoted technology-based economic growththrou gh m echanisms such as Nor th Carolinas Research Triangle com-

    plex. Ohios Thomas Edison Program and Pennsylvanias Ben Frank lin

    Partnership Program were introd uced in the 1980s. Through th ese pro-

    gram s and others, states created netw orks of technical training an d

    academic programs, fostered new businesses throu gh incubators,

    supported new technologies through grants, and diffused information

    about m anu facturing technologies throu gh extension program s. States

    also integrated federal laboratories, un iversities, indu stry consortia, and

    test centers into state economic developm ent strategies. These new

    partnerships and programs brought together sources of new technology,

    insights about new m arkets, and the funding and managem ent needed tobring success in th ose mark ets.

    Rise of Federal Partnership Programs

    By 1980, there was w idespread concern about the effectiveness of govern-

    men t m ission research and declining U.S. technology-based comp etitive-

    ness. These concerns were the impetu s for new app roaches to federal

    technology policy in th e 1980s and 1990s.

    Partnerships and

    programs brought

    together sources of new

    technology, insightsabout new markets,

    and the funding and

    management needed to

    bring success in those

    markets.

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    10 Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    The initial federal technology legislation of the 1980s was resp onsive to

    the same concerns about comp etitiveness that drove state program s. The

    new legislation w as also motivated by th e belief that trad itional federal

    policiesinvestment in basic and mission research withou t d irect regard

    for comm ercial imp act and w ith reliance on informal mechanisms of

    spinning off technologies to the pr ivate sectorwere not maximizing the

    commercial potential of the results of federally spon sored r esearch.

    Many pu blic and private sector officials believed tha t federal laboratories

    and agencies had developed many technologies and processes that had

    commercial value but w ere languishing on the shelf, wh ich red uced the

    value of these technologies for achieving agency m ission goals.

    In add ition, through this and su bsequent legislation, policymakers began

    to add ress the ways in which increased emph asis on commercializing

    federal technologies and th e establishmen t of R&D partnersh ips with th e

    private sector could imp rove th e efficiency of m ission-related research.

    This new app roach to R&D partnerships had p articular application in

    the d efense sector, wh ere R&D critical to na tional security w as being

    dr iven increasingly by comm ercial market forces. In th is environment,

    par tnerships could h elp both civilian an d m ilitary agencies better meet

    technology needs by exploiting commercial technologies and mar kets to

    meet the governm ents own needs.

    In the 1980s, legislation and executive ord ers granted firms and un iversi-

    ties irreversible and exclusive patent rights to federally d eveloped

    technologies, promoted small business involvement in technology

    developm ent and diffusion, and coord inated technology policies across

    agencies, amon g other prov isions. Licensing of federal p atents and

    pu blic-private technology pa rtnership s offered agencies a w ay to accom-

    plish their mission objectives m ore efficiently. In ad dition, throu gh these

    laws and policies, Congress and successive presidents sought to leverage

    fully th e value to society of tax d ollars invested in m ission-related R&D.

    While these policies were an imp rovement, they did n ot maximize the

    governm ents potential for fostering technology-based economic growth.

    Merely encouraging th e commercialization of governm ent m ission R&D

    did not fully meet the needs of the private sector in respond ing to global

    competition.

    In the late 1980s and early 1990s, Congress created tw o p rogram s d e-

    signed to enh ance U.S. competitiveness directlythe Ad vanced Technol-

    ogy Program (ATP) and th e Manu facturing Extension Partn ership (MEP),

    described below . These initiatives are private sectorled technology

    development and deployment p rograms to speed technology diffusion

    Legislation and executive

    orders granted firms and

    universities irreversible

    and exclusive patent

    rights to federally

    developed technologies,

    promoted small business

    involvement in

    technology development

    and diffusion, and

    coordinated technology

    policies across agencies.

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    and develop longer term , high-risk technologies that will prov ide w ide-

    spread benefits to the U.S. economy but th at w ould n ot otherw ise be

    developed in a competitive time frame, if at all. These direct comp etitive-

    ness programs are governed by a new parad igm for public-private

    technology par tnerships in wh ich the governm ent and private sector are

    par tners in developing and dep loying new technologies. For example, in

    ATP, the pr ivate sector joins in cost-shared partn erships w ith the govern-

    men t to imp rove Am erican technological competitiveness.

    The federal governm ent now ad ministers the following p artnership

    policies and programs to increase the effectiveness of mission research

    and prom ote technology-based economic growth an d U .S. comp etitive-

    ness:

    n Licensing of federal patents;

    n Cooperative research and developm ent agreemen ts (CRADAs);

    n The Small Business Innova tion Research p rogram (SBIR);

    n The Adv anced Technology Program (ATP); and

    n The Manu facturing Extension Partner ship (MEP).

    Licensing and SBIR are active spin-off programs designed to leverage the

    commercial impact of federal R&D investments. CRADAs join the gov-

    ernm ent an d indu stry in m utu ally beneficial joint civilian research. An

    add itional p rogram , Technology Reinvestment Project (TRP), launched to

    mak e defense prod ucts cheap er to buy, sup ported defense efforts throu gh

    the d evelopment of d ual-use technologies that exploit the rap id rate of

    innovation an d the m arket-driven efficiencies of comm ercial indu stry.

    ATP and MEP are direct competitiveness programs in w hich the govern-

    men t and private sector work jointly to raise the level of technology u sed

    by U.S. firms and to d evelop cutting-edge technologies and processes.

    Through th ese two programs, the federal governm ent facilitates the

    developm ent of prom ising yet unp roved technologies that would not

    otherw ise be developed in a comp etitive time frame, if at all.

    Although th ese program s represent only a sma ll fraction of the federal

    R&D bud get, they leverage mon ey in the pu blic and p rivate sectors,

    causing an economic imp act far larger than that suggested by the pro-

    gram bud gets alone. Moreover, they are the only mechanisms focused

    specifically on p roviding a bridge betw een the federal R&D investment

    and the efforts of the private sector to rema in globally comp etitive. These

    Through these programs,

    the federal government

    facilitates the develop-

    ment of promising yet

    unproved technologies

    that would not otherwise

    be developed in a

    competitive time frame,

    if at all.

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    12 Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    relatively sma ll investments in federal pa rtnerships p lay a central role in

    increasing th e efficiency of governm ent m ission research and safegua rd -

    ing the countrys prosperity.

    Findings

    This study, conducted w ith the supp ort of an interagency working group,

    began w ith a series of round table discussions with p rivate sector and

    academ ic par ticipants in federal technology progr ams. The stud y sug-

    gests the following:

    Technology partnerships play an import ant role in fostering

    U.S. competit iv eness.Although the p rimary responsibility for maintaining U.S. competitive-

    ness lies with th e pr ivate sector, pu blic R&D investments hav e long had

    a large imp act on the p rivate sectors ability to innova te and market new

    technologies. The p ast several d ecades of experience with p ublic-private

    technology developmen t and d iffusion policies have taugh t us that

    federal technology programs contribute to U.S. comp etitiveness by

    n maximizing the comm ercial impact an d value to society of public

    investments in government-fun ded basic research and m ission-

    related R&D, and

    n work ing in par tnership w ith the private sector to develop high-

    risk enabling technologies and speed their diffusion.

    Technology part nerships enhance the effect iv eness of gov ernment

    mission-related R&D.

    With the explosive grow th of cutting-edge R&D performed by commer-

    cial firms, U.S. agencies can n o longer d epend solely on intern al mecha-

    nisms for meeting governm ent m ission requirem ents. By joining

    strateg ically with the p rivate sector, U.S. agencies gain access to and

    leverage adv anced commercial technologies, private sector produ ction

    efficiencies, and larger m arkets, enabling the governm ent to fulfill itsmission requirements more effectively and at a lower cost.

    The U.S. private sector st rongly supports federal technology partnership

    programs.

    Private sector sup port is broad -based. Both large and small comp anies

    and a w ide range of indu stries support an array of federal programs.

    Private sector partn ers perceive partn ership programs to be a small but

    Both large and small

    companies and a wide

    range of industries

    support an array of

    federal programs.

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    critical part of the U.S. science and technology infrastructure. This sup-

    port has been clearly documen ted throu gh surveys, academ ic stud ies,

    roun dtable discussions with p rivate sector representatives, and p rivate

    sector app eals for expansion of these program s.

    Federal t echnology partnerships are part o f a larger set of priva te sector

    priorities for stimulating innovation and competitiveness.

    In ad dition to leveraging federal R&D and catalyzing long-term, high-

    risk research, the U.S. private sector has called for other govern men t

    actions to improv e the bu siness clima te, especially through reform of

    federal tax and regulatory policies. The goal of these technology p olicy

    related p roposals is to redu ce the high costs and technical risks that can

    impede innovation, through changes in federal regulations and produ ctliability law s, new incentives for capital formation, and other initiatives.

    The Clinton adm inistration strongly sup ports p olicy measures to make

    the business climate m ore condu cive to innovation, provided th ese

    changes balance other importan t policy goals, includ ing environm ental

    protection, public health an d safety, and the interests of consum ers,

    man ufacturers, and sellers, and respect the important role of the states

    in the federal system.

    Technology part nership programs benefit t he U.S. economy

    in a variety of w ays.

    Some benefits of these partn erships accrue imm ediately in term s ofprofits, jobs, and n ew p rod ucts, while others (such as catalyzing imp or-

    tant long-term R&D areas) may require years to d evelop. Moreover, some

    benefits are easily measured wh ile others, such as the prom otion of

    business and R&D synergies, are m ore d ifficult to qu antify. The active

    spin-off and defense d ual-use p rogram s offer significant benefits, in

    increasing th e efficiency of governmen t m ission research and contribut-

    ing to U.S. commercial growth . In contrast, ATP and MEP focus exclu -

    sively on an d h ave the greatest p otential for promoting technological

    innovation, econom ic growth, and U.S. comp etitiveness. Interim da ta for

    all types of program s are qu ite positive, showing significant sh ort-term

    impacts for active spin-off programs and d emon strating that defensedu al-use and direct technology p rogram s are fulfilling their milestones

    and rema in on track for long-term su ccess. While the measu remen t of

    program results presents a d ifficult challenge, the ad ministration has

    emp hasized the n eed for greater accoun tability in the op eration of these

    programs and is designing new systems to measure program inputs and

    outputs.

    The Clinton

    administration strongly

    supports policy measures

    to make the business

    climate more conducive

    to innovation, provided

    these changes balance

    other important policy

    goals.

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    14 Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    Gov ernment agencies are adopt ing a new paradigm for t echnology

    partnerships.

    Government agencies are experimenting with and adopting a n ew m odel

    of public-private p artnership in wh ich the p rivate sector is recognized as

    the governments partner in cost-shared technology development and

    diffusion p rogram s. This paradigm enables agencies to fulfill their

    missions more effectively and enhan ces the imp act of federal R&D

    par tnerships on the U.S. economy. Direct comp etitiveness programs, such

    as ATP and MEP and the defense du al-use TRP program , which were

    designed according to the principles of the new p arad igm, are draw ing

    strength and sup port throu gh their interactions with the private sector.

    In add ition, new pa rad igm principles of service and imp roved account-

    ability have improved the op erations of the older programs that enh ancethe efficiency and commercial impact of govern men t m ission R&D.

    Recommendations

    Although ind ividual federal agencies have already m ad e significant

    progr ess in imp roving the effectiveness of programs and incorp orating

    many features of the new p arad igm, an opp ortun ity exists to learn from

    the best p ractices across all agencies. To the extent perm itted by agency

    missions, the agencies should take the following actions:

    Make partnership opportunities more accessible and easier to identify.

    n Disseminate information on federal research p rojects, expertise,

    and intellectual prop erty through both pu blic and private means.

    n Serve as a catalyst to prom ote ma tching of new technologies de-

    veloped in programs with sources of capital and other supp ort.

    n Increase public-private exchanges of scientific and technical

    personnel.

    n Use participation in and su pp ort of indu stry consortia and otherum brella organizations as a means of ensur ing broad p rivate sec-

    tor access to par tnership op portu nities.

    Ensure effecti ve protection of int ellectual property .

    n Use panels of ind ustry rep resentatives to help id entify the com-

    mercial potential of agency research and inventions as early as

    possible.

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    15Effective Partnering: A Report to Congress on Federal Technology Partnerships

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    n Use procedur al options und er the patent laws to secure ad di-

    tional time to collect pr ivate sector ad vice and ensure that

    app ropr iate protection is sough t.

    Be a bett er partner: improve speed, flexibilit y , and predictabi lit y .

    Make administration of partnership agreements more responsive to industry

    needs.

    n Use whatever form of fun ding agreem ent provid es the agency

    with maximu m flexibility to adop t commercial practices in struc-

    turing the agreement.

    n

    Direct agencies to use, w here av ailable, other transactions orcomparable au thority p ermitting th e greatest p ossible flexibility

    in the terms of collaborative research agreements.

    n Increase the speed w ith which the agencies fun d p artnerships

    once they are agreed to.

    n Where ap prop riate, use the exceptional circum stances au thor-

    ity of the Bayh-Dole Act to perm it ind ustry to ow n or control the

    rights to inventions resulting from federal fund ing, including

    inventions of su bcontractors.

    Make partnership agreements easier to negotiate.

    n Use state and local econom ic developm ent organ izations,

    indu stry associations, and other intermediary organizations

    as partners, providing an um brella under which individu al

    businesses can p erform collaborative research.

    Make partnership agreements more predictable.

    n Seek pu blic-private agreement on the basic principles for partner -

    ship agreements.

    n Build on these principles to give un iform agreement terms,

    wh ere possible, and to make negotiations faster and ou tcomes

    more predictable.

    n In the case of CRADAs, agree to give private sector partn ers the

    option of an exclusive license to inventions developed by federal

    agency emp loyees in connection with the par tnership.

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    Help small businesses secure necessary business and financial advice

    from st ate programs and priva te sector sources.

    n Work with state and federal agencies to increase the supp ort

    available to small businesses and others wh o need to impr ove

    their comp etence in the comm ercialization of new technologies.

    Further increase the private sector role in project definition and selection.

    n Seek pr ivate sector views on th e por tions of the mission research

    agend a with greatest commercial potential.

    n Use this continuing source of gu idance as a basis for selecting

    technology areas in w hich partnersh ip opp ortun ities will be

    offered u nder the p artnership p rograms.

    Shift to commercial financial management practices.

    n Wherever possible, eliminate Federal Acquisitions Regulations

    Part 31 accounting requ irements for p rivate sector p articipan ts in

    research pa rtnerships in favor of comm ercial practices.

    n Review accounting procedu res in all other p rogram s with the

    objective of minimizing special stand ard s imposed on p rivate

    sector p articipan ts and following comm ercial practices moreclosely.

    Continue developing syst ems to measure program results.

    n Work in collaboration with other agen cies and with interested

    private sector parties to identify app ropr iate measures of effec-

    tiveness for the typ es of research partn erships in w hich the

    agency p articipates.

    n Ask the N ational Science and Technology Cou ncil or other ap pro-

    priate organ ization to lead an interagency effort to coordinateagency measurement systems into a comprehensive measure-

    men t system for all federal p artnersh ip efforts.

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    CHAPTER 2: FEDERAL TECHNOLOGY POLICY, 19501980

    Dual Thrusts: Basic Research and Mission R&D

    During the tw o d ecades following World War II, federal science andtechnology policy had two strategic thrusts. The first was sup portfor basic science: research withou t imm ediate p ractical ap plication, but

    wh ich expand s our u nd erstand ing of the basic principles of natu re. The

    fund ing p rovided by the National Science Foun dation (NSF) to scientists

    and un iversities is a good examp le of such sup port.

    The second strategic thru st was th e sup port of science and technology to

    fill public needs as a rticulated by Congress and carried out by U.S.governm ent agencies and dep artments. Often called mission research

    because it was p erformed to furth er the various agency missions, this

    research, both basic and app lied, focused on produ cing know ledge,

    prod ucts, or services of direct use to th e agency fund ing it. The d evelop-

    men t of adv anced w eapon s technologies for the Department of Defense

    (DoD) and tools used by the N ational Weather Service are two examp les

    of mission research.

    Magnifying an d often intertwined w ith basic and mission research w ere

    the p rocurement activities of the federal govern men t. With its large

    pu rchasing ability and often cutting-edge need s, the federal governmentcould play the role of the valued first customer in buying n ew technol-

    ogy. By procuring these prod ucts, the federa l government sup ported the

    developm ent of technologies that were at first expensive but w ould

    ultimately provide imp ortant p rodu cts and services at affordable prices.

    As illustrated in figure 1, governm ent research and developm ent (R&D)

    fund ing pattern s have changed to reflect emp hasis on different missions.

    Until 1960, the govern ments primary ob jective for R&D was d efense.

    The space bud get expand ed rap idly in the 1960s but d eclined signifi-

    cantly in the 1970s. Energ y R&D peaked in the late 1970s, and health

    R&D has grown steadily throughou t the era to approxima tely one-thirdof total civilian R&D tod ay. Moreover, althou gh defense an d civilian

    investments w ere rou ghly equa l between 1965 and 1980, defense expen-

    d itures accelerated rap idly in th e 1980s: in 1993, military R&D accounted

    for app roximately 59 percent of total R&D investments.

    With its large purchasing

    ability and often cutting-

    edge needs, the federal

    government could play

    the role of the valued

    first customer in

    buying new technology.

    By procuring these

    products, the federal

    government supportedthe development of

    technologies that were at

    first expensive but would

    ultimately provide

    important products and

    services at affordable

    prices.

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    Figu re 1. Federal R&D Funding for

    D efen se and Civil ian Functions , 19401994

    Commercial Impacts from Basic Research, Mission Research,

    and Procurements

    Federal investments in basic and mission research advan ced the state of

    know ledge in science as well as the missions of agencies and dep art-

    men ts. These investmen ts also contributed to U.S. competitiveness

    du ring the postwar d ecades through an informal spin-off process in

    wh ich the results of federally fund ed research found uses in the private

    sector. Federal research flowed to the p rivate sector along many p aths,

    includ ing pu blished r eports of research results, private sector perfor-mance of federally fund ed r esearch, commu nications between federa lly

    fund ed an d comm ercially oriented researchers, comm ercial hiring of

    persons formerly engaged in federa lly fun ded research, and governm ent

    procurement of advan ced equipment that met the technical requirements

    of DoD, the N ational Aeronau tics and Space Ad ministration (NASA), and

    the Departm ent of Energy.

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    During the p ostwar p eriod, private firms used federal technologies to

    create new indu stries. For examp le, federal R&D p rogram s, particularly

    those in d efense, supp orted important ad vances in fundam ental knowl-

    edge of comp uter architecture, software languages, and d esign that

    found app lications in both the civilian and defense sectors of the emerg-

    ing indu stry (see box 1). In th e aerospace ind ustry, d efense-related re-

    search sup ported the developm ent and r efinement of jet engines,

    aluminum airframes, civilian airliners such as the Boeing 707, and

    commu nications satellites.

    There were thr ee primary reasons for the significant comm ercial imp act

    of federal R&D investments d ur ing this p eriod. First, defense research

    and developm ent (and federal R&D generally) set the direction for wor ldresearch by virtue of its large size and cutting-edge nature. In 1964, U.S.

    defense R&D alone was tw o-thirds as large as all governmen t and indu s-

    trial research and developm ent, both civilian and military, performed by

    German y, France, the United Kingdom , Italy, Swed en, and Japan com-

    bined. When the U.S. governments civilian R&D is ad ded to that of

    defense, federal R&D investments exceeded those of all other developed

    countries (see figure 2).

    Box 1. Technology Dif fusion in ActionThe field of semiconductors is an exam ple of the significant comm ercial

    impact of government-sponsored R&D. The U.S. government played a

    primary role as the first customer for the semicondu ctor ind ustry. The w ill-

    ingness and ability of the governm entespecially DoD an d NASAto

    become the first major customer for these new integrated circuit (IC) prod-

    ucts allowed the U.S. semicond uctor indu stry to improve p rodu ction capa-

    bilities and equipm ent and redu ce manu facturing costs. In fact, the federal

    govern men t was the only custom er for U.S.-made ICs un til 1964. While this

    early supp ort was born of agency mission research and p rocurement

    primarily NA SAs efforts to put a man on the m oonit ultimately led to

    the d evelopm ent of todays comm ercial semicond uctor indu stry.

    The software ind ustry is another example. From th e earliest years of thepostw ar era, private indu stry has been respon sible for a great deal of inno-

    vation in software; but in the 1960s, ind ustrial software innovation d rew on

    research and m anp ower sup ported by federal governm ent fun ds. Defense-

    related spend ing on software w as aimed at creating a found ation for soft-

    war e R&D, training, and technology developmen t. Of the 45 major

    adv ances in comp uter software that originated in th e United States be-

    tween 1950 and 1980, 18 were fun ded by the federal governm ent. These

    adv ances later provid ed imp ortant benefits to the comm ercial software

    industry.

    During the postwar

    period, private firms usedfederal technologies to

    create new industries.

    For example, federal

    R&D programs

    supported important

    advances in fundamental

    knowledge of computers.

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    Figure 2. Total U.S. R&D Domi nates Total

    Foreign R&D, 19611970 (1987 Dollars)

    Second, lacking stron g comp etitors, U.S. firms d ominated dom estic and

    wor ld markets and w ere therefore ideally positioned to capitalize on the

    fruits of federal R&D. Althou gh foreign firms had access to the same

    know ledge abou t federal research, throu gh a rticles in scientific journ als,

    conferences, and th e like, most foreign companies were r ebuilding after

    World War II and were u nable to match the investments of U.S. firms in

    technology development, deployment, and manufacturing. Moreover,

    U.S. firms also benefited from contracts for the d evelopmen t of defense

    prod ucts that had both military and civilian uses. Under these circum-

    stances, opportunities to commercialize mission R&D went to U.S.based

    firms, giving them an ad ded comp etitive advantage.

    Third, the d evelopmen t times, diffusion p rocess, and prod uct life cycles

    in federal civilian mission research were comp arable to the dev elopment

    times and product life cycles in commercial R&D, which facilitated

    diffusion of new technologies to the private sector and made it easier totransfer technologies from the p ublic to the private sector.

    The Rise of Global Competition and Its Implications

    for Federal Technology Policy

    The relative size and impact of U.S. governm ent R&D investments

    d iminished in the 1970s (see figure 3). While U.S. research fun d ing, and

    the federal d ollars that constituted its single largest comp onent, actually

    U.S. firms dominated

    domestic and world

    markets and were ideally

    positioned to capitalize

    on the fruits of federalR&D.

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    Figu re 3. Foreign R&D Surpasses U.S. R&D

    (1987 Doll ars)

    increased in constant d ollars, an explosion of civilian research throu gh-

    out the w orld resulted in the Un ited States having a smaller share of the

    world wid e research effort in the 1990s than it h ad in the 1960s. Almost all

    of this foreign R&D w as condu cted in the p rivate sector to create com-

    mercial prod ucts. Not on ly did the increased technological sophistication

    of foreign rivals begin to erod e the comp etitive ad vantage en joyed by

    U.S. firms, but their soph istication also allowed th em to make u se of the

    results of federally fund ed basic research, which w ere available to the

    entire world . When a new idea w as described in a scientific journ al or at

    a conference, it enhanced technology developm ent globally, not just in

    the Un ited States.

    The comm ercial impact of federal R&D investments d ur ing this period

    was also diminished by an other aspect of the new competitive environ-

    ment: the gradual shortening of product development times. In the

    postWorld War II years, both federal research and p rocurem ent andcommercial R&D w ere characterized by fairly long d evelopmen t cycles.

    How ever, in the past few d ecades, commercial prod uct developm ent

    times have shrunk. By the 1980s, federal and private sector cycles had

    wid ely diverged, and the technology transfer process itself add ed time.

    The results of agency m ission research were not reaching th e commercial

    sector fast enough to hav e as large an imp act on produ ct developm ent as

    they had before.

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    Dur ing the 1970s and 1980s, the federal govern men ts trad itional ap -

    proach to R&D also became less effective in m eeting governm ents ow n

    needs. Postwar military R&D and procurement had spawned technolo-

    gies such as comp uters, semicond uctors, and jet engines. However,

    because of expan ding military specifications an d the crush of an increas-

    ingly cumbersome federal procurem ent system, more an d more comm er-

    cial firms wa lled off their defense prod uction or refused to d o business

    with DoD altogether. As a result, DoD came to rely on an increasingly

    isolated defense indu strial base.

    This segregation of defense and commercial firms occurred at a time

    when the defense industry was gradually losing its unchallenged posi-

    tion of technological leadership. The new technologies most critical toAmer icas military ad vantagesoftware, comp uters, semicondu ctors,

    telecommunications, advanced materials, and manufacturing technolo-

    gieswere increasingly being d riven by fast-growing comm ercial de-

    mand , not by military d eman d. To preserve U.S. military sup eriority,

    DoD had to find a w ay to exploit the ad vanced technologies and efficient

    prod uction capabilities of commercial indu stry.

    By 1980, there was w idespread concern about the effectiveness of gov-

    ernm ent m ission research and declining U.S. technology-based competi-

    tiveness. These concerns w ere the imp etus for new ap proaches to federal

    technology policy in the 1980s and 1990s, based on the conviction tha tAmerica needed new government m echanisms and processes to enhance

    mission research and help improv e U.S. comp etitiveness. The h istory

    and current statu s of these policies is the subject of the rem ainder of this

    report.

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    CHAPTER 3: TECHNOLOGY PARTNERSHIPSAN DTHE

    EMERGENCEOFA NEW PARADIGMFOR ECONOMICGROWTHAN D COMPETITION , 19801995

    Since 1980, the federal governm ent h as d eveloped more active p oliciesand a new parad igm for the development and deployment of technol-ogy. Initially, the government d eveloped p rogram s to increase the effi-

    ciency and more fully leverage the comm ercial impact of mission

    research and d evelopment (R&D). Over time, however, Congress and th e

    executive branch created new programs, based on a new parad igm in

    wh ich the government and p rivate sector are partners in developing and

    dep loying new technologies. While these programs rep resent only a

    sma ll fraction of Amer icas total investm ent in R&D, they leveragemon ey in the pu blic and p rivate sectors, causing an econom ic imp act

    far larger than that su ggested by the p rogram bu dgets alone.

    The Role of States and Private Sector Groups

    Federal technology pa rtnerships grew in tand em w ith efforts at the state

    level to prom ote technological innovation throu gh p ublic-private part-

    nerships. In fact, some of the first and most successful public sector

    efforts w ere un dertak en at the state an d local levels. The U.S. indu strial

    dow ntu rn tha t resulted from the rise of global competition had a m ajor

    impact on many local economies and qu ickly captu red th e attention of

    state governments. States whose economies were most dependent on

    man ufacturing suffered the greatest declines in emp loyment, wages, and

    tax revenu es. Many states quickly p erceived the imp ortance of technol-

    ogy to their economies and began to develop new app roaches to technol-

    ogy developm ent and d iffusion as par t of their broader economic

    developm ent p olicies.

    For examp le, North Carolinas Research Triangle comp lex, formed in the

    late 1960s in p artnership with the states m ajor u niversities, brought in

    billions of dollars in n ew investm ent and created thou sand s of jobs.

    Partly as a result of this success, Nor th Carolina has an u nem ploymen t

    rate 2 percent below th e national average. A more common u se of tech-

    nology as an element of economic development strategy is reflected in

    Ohios Thomas Edison Program and Pennsylvanias Ben Franklin Part-

    nership Program, both foun ded in 1983. To encourage research and

    developm ent p rojects, these p rogram s offer financing, technical assis-

    tance, and access to valuable assets such a s sup ercompu ters. Table 1 lists

    the states that spen d th e most to fund science and technology (S&T)

    programs, overall and per capita.

    While these programs

    represent only a small

    fraction of A mericas

    total investment in

    R&D, they leveragemoney in the public and

    private sectors, causing

    an economic impact

    far larger than that

    suggested by the program

    budgets alone.

    Some of the first and

    most successful public

    sector efforts wereundertaken at the state

    and local levels.

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    Table 1. Top 15 States in Science and Technol ogy Program

    Spend ing (Overall and per Capita), FY94

    Per Capita

    State Overall Spending State Spending

    North Carolina $37.5 million Alaska $15.45

    Pennsylvania 34.1 million Connecticu t 8.37

    Texas 30.0 million Nebraska 5.69

    Georgia 29.9 million North Carolina 5.65

    Connecticu t 27.5 million Delaware 5.39

    Ohio 27.5 million South Dakota 5.32

    New York 22.9 million Georgia 4.61

    New Jersey 20.3 million Kansas 4.48

    Michigan 14.1 million Hawaii 4.16

    Maryland 12.7 million Montana 3.72

    Florida 12.6 million Pennsylvania 2.87

    Kansas 11.1 million North Dakota 2.79

    Virginia 10.4 million Maryland 2.65

    Nebraska 9.0 million New Jersey 2.63

    Alaska 8.5 million Ohio 2.53

    Source: Chris Coburn, editor, Partnerships: A Compendiu m of State and Federal

    Cooperative Technology Programs, Columbus : Battelle Press, 1995.

    State programs sou ght to harness both local and federal resources with

    great creativity. States networked their training and acad emic program s

    into centers of excellence. They fostered new businesses by creating

    incubators and supported new technologies through grants. They dif-

    fused information abou t man ufacturing technologies through extension

    progr ams an d integrated existing technology resources such as federal

    laboratories, un iversities, indu stry consortia, and test centers into state

    economic development programs. These partnerships with economic

    developm ent programs were pa rticularly effective in reaching sma ll

    business comm un ities, providing a link between those businesses and

    the sources of new technology. The d epth and bread th of state experiencewith these programs illustrates state sup port for public-pr ivate partner-

    ships to enhan ce technology-based economic growth .

    The success of these state program s provided imp ortant lessons on

    governm ent technology policy. State and local projects demon strated th at

    new n etworks of partnerships and p rograms could sup plement tradi-

    tional methods of technology development and deployment. More

    imp ortant, these partnerships brou ght together sources of new technol-

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    ogy, insights about new m arkets, and the fund ing and m anagement

    needed to bring success in global mar kets.

    Federal Technology Legislation: Leveraging Miss ion R&D

    The evolution of federal civilian technology p olicy has been a gradu al

    process (see figu re 4). As discussed above, in the first decad es following

    the war , the federal governm ent pu rsued a de facto technology policy of

    sup port for basic and m ission research. This policy assum ed th at tech-

    nologies developed by the governm ent in the course of condu cting basic

    and m ission-related research wou ld lead as needed and m ore or less

    autom aticallyto comm ercial produ cts and services. Federal r esearch

    did n ot seek direct comm ercial imp act and little attention was pa id tochanges in indu stry and in the world that w ere und ermining the ability

    of U.S.based firms to u se federally d eveloped technologies comp eti-

    tively. Consequ ently, desp ite some success in the 1960s and early 1970s,

    this spin-off model of innovation became less and less effective in meet-

    ing the technology d eman ds of the comm ercial marketp lace. The model

    also discoun ted th e potential of emp loying or learning from commercial

    technologies and research meth ods to improv e the effectiveness of gov-

    ernm ent mission research.

    By the late 1970s, there w as d issatisfaction w ith federal policies on

    paten ting the scientific and technical know ledge resulting from missionresearch. Many p rivate and pu blic officials believed that the federal

    Figure 4. Evolutio n of Technolog y Partnerships, 19801995

    These partnershipsbrought together sources

    of new technology,

    insights about new

    markets, and the funding

    and management needed

    to bring success in global

    markets.

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    laboratories possessed valuable scientific and technical know ledge

    created in the p ursu it of agency missions that could b e quickly commer -

    cialized, benefiting both the agencies and the genera l economy. How -

    ever, bu sinesses w anted exclusive licenses to federal technology to

    protect their investments in commercialization, and m any agen cies

    granted only nonexclusive licenses. This arran gemen t discouraged

    technology diffusion to the private sector and jointly beneficial R&D

    projects.

    The lack of a u niform p olicy amon g agencies for ow nership of inventions

    was another ma jor d ifficulty. The p rivate sector faced a comp lex maze of

    paten t policies that w ere often inconsistent from agen cy to agency, and

    sometimes even within the same agency. In 1980, at least 24 differen tpatent policies were in effect in the federal agencies. The lack of a uni-

    form federal paten t policy presented a formid able barrier to public-

    private cooperation and was a par ticularly large obstacle to sma ll

    businesses and un iversities, wh ich lacked the legal staffs necessary to

    wend their w ay through the p atent negotiation maze.

    In 1980, Congress began a n ew era in federal technology policy w ith the

    enactment of legislation to bolster the commercial impact of federal R&D

    investments by more actively spinning off federa l technologies to the

    private sector. Since then, several laws have add ressed obstacles to

    increasing governm ent R&D efficiency and commercializing federaltechnology (see box 2). In the p rocess, a new paradigm for pu blic-private

    technology partnerships has emerged.

    The first p iece of federal legislation d esigned to leverage th e economic

    imp act of federal R&D spending w as the Stevenson-Wydler Technology

    Innovation Act of 1980 (Stevenson-Wydler). Stevenson-Wydler granted

    broad auth ority to the Departm ent of Comm erce to enhance technologi-

    cal innova tion for comm ercial and pu blic pu rposes . . . includ ing a strong

    national policy sup porting d omestic technology transfer and utilization

    of the science and technology resources of the federal govern men t. In

    ad dition to leveraging the economic imp act of federal R&D investments,Stevenson-Wydler directed the federal governm ent to cond uct a wide

    range of research and cooperative activities to assess and improv e

    Amer ican technological comp etitiveness.

    Based on the p remise that federa l laboratories contained commercially

    valuable technology that wou ld m ake U.S. firms m ore competitive,

    Stevenson-Wydler requ ired each federal laboratory to establish an office

    to identify and transfer comm ercially viable technologies to the pr ivate

    sector. These Offices of Research and Techn ology Ap plications (ORTAs)

    In 1980, Congress began

    a new era in federaltechnology policy with

    the enactment of

    legislation to bolster the

    commercial impact of

    federal R&D invest-

    ments. Since then,

    several laws have

    addressed obstacles to

    increasing government

    R&D efficiency andcommercializing federal

    technology. In the

    process, a new paradigm

    for public-private

    technology partnerships

    has emerged.

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    wou ld assess the comm ercial potential of R&D un der w ay at each labora-

    tory and disseminate information on federally own ed or originated

    technologies, prod ucts, processes, and services.

    The University and Small Busi ness Patent Procedure Act of 1980

    (know n as Bayh-Dole, after its sponsor s, Senators Birch Bayh [D-IN]

    and Bob Dole [R-KS]) was passed to r eform govern men t p atent p olicy.

    Of the 28,000 federal patents sitting on the shelf at that time, fewer than

    5 percent had been licensed. Anoth er group of federal p atentsthose

    the federa l governm ent had p ermitted single companies to holdhad

    achieved a m uch h igher rate of licensing (from 25 to 30 percent). The d ual

    pu rpose of Bayh-Dole was to allow some federal contractors to patent

    their federa lly fund ed inventions and to allow federal agencies to grantexclusive licenses to their technology in ord er to m ake it more attractive

    to bu sinesses. Preference in agen cy licensing was given to small bu si-

    nesses and u niversities, and the law requ ired as well that prod ucts sold

    in the United States embodying the invention be man ufactured su bstan-

    tially in the Un ited States. Universities, which per form a large por tion of

    federal research, have been p articularly successful in licensing inventions

    pu rsuan t to this author ity. In the years since passage of the Bayh-Dole

    Act, research collaborations between u niversities and indu stry have

    Box 2. Major Federal Technology Legislation, 19801992

    n Stevenson-Wyd ler Technology Innovation Act of 1980 (P.L. 96-480)

    n Univer sity and Small Business Patent Proced ur e Act of 1980

    (P.L. 96-517)

    n Small Business Innovation Developmen t Act of 1982 (P.L. 97-219)

    n National Cooperative Research Act of 1984 (P.L. 98-462)

    n Jap anese Techn ical Litera tu re Act of 1986 (P.L. 99-382)

    n Federal Techn ology Tran sfer Act of 1986 (P.L. 99-502)

    n Om nibu s Trad e and Comp etitiveness Act of 1988 (P.L. 100-418)

    n

    National Institute of Stand ard s and Technology Au thorization Act forFY 1989 (P.L. 100-519)

    n Na tional Comp etitiveness Technology Transfer Act of 1989

    (P.L. 101-189)

    n Defense Conversion, Reinvestment and Transition Assistance Act of

    1992 (P.L. 101-510)

    n Small Business Techno logy Tra nsfer A ct of 1992 (P.L. 102-564)

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    increased substantially, and u niversity research plays an imp ortant role

    in the dev elopment of new technologies in m any sectors.

    Stevenson-Wydler an d Bayh-Dole were th e result of the belief that fed-

    eral laboratories hold valuable technological assets and that th ose assets

    should be used n ot only for pu rsuing an agencys mission but also to

    imp rove th e comp etitive position of U.S. firms. This recognition of the

    governm ents role in comp etitiveness and its responsibility to help U.S.

    firms with user-friend ly program s was a first step into the new p arad igm

    of federal-private p artnersh ips. As Senator Dole stated d uring floor

    debate on the bill, The almost adv ersarial relationship tha t now exists

    between business and government m ust be replaced by a true and

    genu ine partner ship in wh ich the governm ent will act as imp resario inbringing indu stry and un iversities together with n ew fields of knowl-

    edge an d th eir practical imp lementation.

    A second step into the new parad igm of pu blic-private partnership w as

    taken with the Small Business Innovation Development Act of 1982,

    the law that created th e Small Business Innovation Research p rogram

    (SBIR). Studies had concluded that small businesses in the United States

    were th e engine of economic growth, but th ey received on ly a very small

    share of federal R&D fund s. Congress hoped to ensure that m ore federa l

    R&D fund s wen t to small businesses by pu tting the SBIR program in

    place in govern men t agencies and large federa l laboratories.

    Und er SBIR, now reauth orized u ntil the year 2000, each govern men t

    agency and federal laboratory with m ore than $100 million in extram ura l

    research fund s is required to set aside a p ercentage of those fund s to be

    aw ard ed competitively to small businesses. The p ercentage was initially

    set at 0.2 percent in 1983 and rose increm entally to 2 percent by 1995. In

    1997 the rate is sched uled to rise to 2.5 percent.

    SBIR is a three-phase program adm inistered ind epend ently by each of

    the 11 participating agencies. Agencies invite eligible small businesses to

    prop ose innov ative ideas that m eet the specific research and develop-men t need s of the federal govern men t. SBIR proposals are comp etitively

    selected and accepted only in response to specific solicitations of the

    par ticipating agencies.

    Phase I of the p rogram prov ides fund ing to evaluate the scientific and

    technical merit and feasibility of an idea. Und er Ph ase II, projects with

    the most p otential are funded to further develop the prop osed idea for

    one or tw o years. During Phase III the innovation is brough t to market

    throu gh p rivate sector investment an d su pp ort. Phase III is to be con-

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    du cted with non-SBIR and usu ally non-federal fun ds. When ap prop riate,

    Phase III may involve follow-on p rodu ction contracts with a federal

    agency.

    Total annu al aw ard s of $693 million w ere allocated th rou gh SBIR in 1994;

    aw ard s are an ticipa ted to increase to $1 billion by 1997. While these

    award s are substan tial, they place no additional burd en on taxpayers, as

    they m erely set aside a portion of agencies R&D bud gets app ropr iated

    to meet mission requirements. The benefits of the award s, however, have

    been substan tial, as evidenced by the thou sand s of small firms th at SBIR

    has enabled to un dertak e research p rojects, create new an d inn ovative

    technologies, and sell comp etitive produ cts to the w orld.

    Although still closely tied to agency missions, SBIR was a further step in

    the d evelopmen t of the new p ublic-private parad igm. While Bayh-Dole

    and Stevenson-Wydler both sough t to maximize the value of past R&D

    investments, SBIR was d esigned to encourage the agen cies to make

    investments in mission research w ith the objective of enh ancing U.S.

    commercial competitiveness.

    The Federal Technology Transfer Act of 1986 authorized cooperative

    research and development agreements (CRADAs) between federal

    laboratories and p rivate firms, consortia, and state govern men ts. This

    was the last ma jor p iece of legislation d esigned to leverage the economicimpact of federal investm ents in m ission R&D. CRADAs allow federal

    and private sector scientists and technologists to w ork closely together in

    developing a technology for governm ent mission and comm ercial uses.

    A later amend ment, the National Competitiveness Technology Transfer

    Act of 1989, expan ded the d efinition of federal laboratory to includ e

    governm ent-owned , contractor-operated facilities (GOCOs). Since most

    of the GOCOs are und er Departm ent of Energy (DOE) man agemen t and

    have tr emend ous capabilities, this chan ge allowed DO E to greatly in-

    crease its cooperative work with th e pr ivate sector.

    CRADAs built in par t on th e experience of the National Aeronau tics andSpace Adm inistration (N ASA). The Space Act of 1958 auth orized NASA

    to enter into an d perform contracts, leases, cooperative agreem ents, and

    other transactions with the private sector wh en app ropr iate or necessary

    to agency work. Accordingly, since its inception, NASA has been

    par tnering with indu stry for the developm ent of new technologies with

    both comm ercial and mission app lications. NASA currently enters into

    three major types of par tnerships w ith indu stry: (1) un fund ed coopera-

    tion and / or assistance; (2) public sup port involving the u se of NASA

    fund s; and (3) cost-sharing of good s or services for d irect governm ent

    The benefits of the

    awards have been

    substantial, as evidenced

    by the thousands of small

    firms that SBIR has

    enabled to undertake

    research projects, create

    new and innovativetechnologies, and sell

    competitive products to

    the world.

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    benefit. NASA has u sed th ese flexible par tnership agreements to focus on

    collaborative opp ortun ities tha t en han ce U.S. technological comp etitive-

    ness by stimulating knowledge transfer, innovation, and understanding;

    leveraging U.S. R&D efforts an d resources; and increasing the comm er-

    cialization of NASA techn ology.

    The developm ent of CRADAs in the 1980s represented a further expan-

    sion of the u se of federal research to bolster comp etitiveness. While SBIR

    auth orized the u se of some m ission research fun ds for commercially

    prom ising p rojects by small businesses, CRADAs made m ore of the

    resources of the federal laboratories available to all U.S. firms. Although

    national security concerns p revent th e open ing of all federal S&T re-

    sources to private indu stry, CRADAs significantly expand ed p rivatesector access.

    Federal Technology Legislation: Direct Competitiveness

    Programs

    Thus, Congress created m echanisms for making research more efficient

    wh ile maximizing the economic value to society of governm ent fund s

    already invested in pu rsuit of agency missions. However, throu ghou t the

    1980s, Congress and the executive bran ch remained concerned over the

    continuing erosion of U.S. technological and manu facturing prow ess.

    By late in the d ecade it had become evident th at the coun trys ability tocommercialize new technology often fell short of competitive and market

    demands.

    The U.S. private sector h as been un derinvesting in critical long-run R&D

    in part because investmen ts of this type often d o not make good bu siness

    sense for any ind ividual comp any for several reasons:

    n Appropriability. The generic nature of m uch n ecessary R&D

    makes it difficult for companies, especially those of small or

    mod erate size with narrow prod uct portfolios, to captu re the

    benefits necessary to justify their investm ent. In the case of fast-grow ing know ledge-based technologies that have hu ge R&D

    investment requ irements but relatively low p rod uction costs,

    it is particularly d ifficult for an individu al compan y to p rotect

    its intellectual p roperty rights.

    n Risk. U.S. investors focus on h igh short-term retu rns and are

    reluctant to supp ort longer term research programs w ith uncer-

    tain outcomes. In an environm ent in w hich R&D projects mu st

    compete for capital with shorter term , lower r isk nontechnology

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    ventu res, the perceived dow nside risks of failure a re often too

    great to sup port th e necessary R&D investment, despite large

    expected benefits from the technology developm ent.

    n Expense. The systems integration an d financial requiremen ts of

    technology development are often beyond th e resources of a

    single compan y or even a single indu stry.

    In the Omnibus Trade and Competitiveness Act of 1988, Congress

    enacted two program s to help correct the national problem of und er-

    investment in imp ortant technologies. Separa ting them selves comp letely

    from m ission research, the Ad vanced Technology Program (ATP) and th e

    Manu facturing Extension Partnersh ip (MEP) were designed solely toimpr ove the competitive position of U.S. firms. The MEP does th is by

    prov iding small man ufacturers access to newer technologies, prod uction

    meth ods, and m anu facturing expertise. The ATP does this via shared

    fund ing to accelerate the d evelopmen t of high-risk enabling technologies.

    ATP, the first program created by th is law, is designed to act as a catalyst

    in the d evelopmen t of high-risk technologies that hav e broad app lication

    and the p otential for large economic imp act. A technology may be

    und erfund ed because the ap propriable returns are too un certain for

    private investors, the technical risk is too large, or the time to d evelop

    the technology is too long. ATP overcomes these obstacles by co-fund ingfirms to develop technologies. ATP fun ding m ay not be u sed as a su bsti-

    tute for research investmen ts that wou ld otherw ise be mad e by U.S.

    firms, nor is fun ding to be used to d evelop prop rietary prod ucts. The

    pu rpose of the program is to encourage work on r esearch that is in the

    countrys long-term interest bu t that, for various reasons, the p rivate

    sector is unable to supp ort.

    The second program, MEP, assists sma ll and med ium-sized m anu factur-

    erswho rep resent abou t 95 percent of all U.S. man ufacturing establish-

    men ts. This progr am is a nationw ide netw ork of affiliated, locally based

    man ufacturing extension centers.

    MEP was motivated by the recognition that m ost U.S. manu facturer s are

    slow to adop t new technologies and app roaches. To increase the speed

    with which manufacturers, especially small and medium-sized firms,

    adop t new technologies, a manu facturing extension network consisting

    of 60 centers in 42 states and Puerto Rico was established to provid e a

    range of hand s-on technical assistance to comp anies. These centers help

    man ufacturers assess their cur rent technology needs and comp etitive

    position, iden tify necessary changes in compan y opera tions, and define

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    and implement comp any-specific technology and business projects. The

    centers emph asize the use of app ropr iate technologies and r ely on

    outreach by field ag ents to offer on -site advice and assistance.

    ATP and MEP have gone farthest of any of the new p artnership p ro-

    grams in exploring the dimensions of the new public-private paradigm.

    The pu rpose of these program s is to add ress directly, not as an offshoot

    of another federal mission, the technological challenges facing the U.S.

    private sector. Substan tial private sector inpu t is allowed. The m ission of

    these programs is competitiveness.

    Federal Technology Legislation: Dual-Use Partnerships

    for Defense

    In 1990, Congress established a m echanismthe d ual-use technology

    par tnershipto enable the Dep artment of Defense (DoD) to exploit

    ad vanced commercial technologies to meet military needs. The Defense

    Conversion, Reinvestment, and Transition A ssistance Act of 1992 an d

    the resulting Techn ology Reinvestm ent Pr oject (TRP) significantly ex-

    pan ded this app roach. Unlike ATP and MEP, TRPs mission was not

    increased indu strial competitiveness or econom ic grow th, although th e

    progr am contributed to both of those goals ind irectly. Rather, TRP illus-

    trated the ap plication of partn ership p rinciplescost-sharing, merit-

    based awar ds, and exclusive licensingto achieve the federalgovernm ents ow n mission objectives.1

    TRP par tnerships allowed DoD to leverage the potential adv antages of

    ad vanced commercial technologiesperformance and afford abilityto

    meet d efense need s. DoDs aim w as twofold: first, to speed the d evelop-

    men t of an emerging comm ercial technology so that a self-sustaining

    market develops sooner rather than later; and , second, to ensure that the

    technology develops in such a way as to simultaneou sly meet comm er-

    cial need s and military requ irements, e.g., for technological robustness or

    interoperability.

    For example, one TRP pa rtnership is presently blazing the trail in

    mu ltichip mod ule (MCM) technology. By rep lacing separate comp onents

    with a single mod ule, MCMs allow electronic systems to achieve faster

    performance, greater reliability, lower p ower consum ption, and low er

    prod uction costs. The military n eeds MCMs for activities ranging from

    1 Second t o None: Preserving A mericas M ilitary A dvantage Through Dual-Use

    Technology, National Econom ic Cou ncil, National Secur ity Coun cil, and O ffice

    of Science and Technology Policy (February 1995).

    ATP and MEP have gone

    farthest of any of the new

    partnership programs in

    exploring the dimensions

    of the new public-private

    paradigm.

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    precision gu idance of advanced w eapon ry to real-time signal processing

    for intelligence app lications. On the comm ercial side, MCMs open the

    door to a vast range of new and improved p rodu cts, includ ing global

    positioning systems, real-time en gine controllers for autom obiles, and

    digital signal p rocessors for speech and images in telecomm un ications.

    A high-performan ce du al-use man ufacturing base for MCMs can provide

    the found ation for U.S. military an d commercial leadership in informa-

    tion technology well into th e twen ty-first centu ry.

    In some areas, dual-use partn erships help d evelop commercial applica-

    tions for ad vanced military technologies as a way to lower the cost to

    DoD. To illustrate, a few year s ago, DoD pursu ed m icrow ave monolithic

    integrated circuit (MIMIC) technology as a strictly military dev elopment,but th e high cost prohibited wid espread use of the devices. MIMICs are

    adv anced gallium arsenide semicondu ctors used for military rad ar. DoD

    now encourages MIMIC contractors to pu rsue comm ercial app lications

    in collision-avoidance systems for automobiles, satellite communica-

    tions, and air traffic control signal processing. The payoff to defense

    is the world s best rad ar at a lower cost by leveraging commercial

    production.

    DoD recently restructured TRP to increase the involvement of the mili-

    tary services and th ereby encourage more rapid insertion of dual-use

    technologies into defense weap on systems. The new p rogram is calledthe Dua l-Use App lication Program .

    The TRP mechanism is yet another asp ect of a new app roach to technol-

    ogy partnership programs. This mechanism combined elements of the

    earlier p ublic-private p artnership s (such a s exclusive licensing) with

    elements of th e later federal p artnership s (ATP-style cost-sharing).

    Where licensing an d CRADAs aim to m aximize th e benefit to society

    of mission r esearch and ATP and MEP focus solely on long-term U.S.

    competitiveness, TRP attemp ted to p ursu e an agency mission, the mis-

    sion of DoD, via the mark et mechanism.

    The New Paradigm for Improved U.S. Competitiveness

    By the late 1980s, a new paradigm of technology p olicy had developed .

    In contrast to the enhanced spin-off programsenhancements that made

    it easier for the private sector to commercialize the results of mission

    R&Dthe government developed new public-private partnerships to

    develop an d d eploy advanced technologies. As described above, these

    new programs (which accoun t for only a small fraction of federal invest-

    men ts in technology) incorporate features tha t reflect increased influence

    These new programs

    incorporate features that

    reflect increased influence

    from the private sector

    over project selection,

    management, and

    intellectual property

    ownership.

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    from th e p rivate sector over project selection, managem ent, and intellec-

    tual prop erty own ership. Along with increased inpu t, private sector

    par tners also absorb a greater share of the costs, in some cases paying

    over h alf of the p roject cost.

    The new parad igm has several advantages for both government and the

    private sector (see figure 5). By treating th e pr ivate sector as a par tner in

    federal programs, governm ent agencies can better incorporate feedback

    and focus p rogram s. Moreover, the private-sector-as-partner ap proach

    allows the governm ent to measure w hether the p rograms are u ltimately

    meeting their goals: increasing research efficiencies and effectiveness and

    developing an d d eploying new technologies. Finally, rather th an relying

    on technology-push by the federal government, these programs usemarket-pull to prom ote innova tion, increasing the p robability that the

    targeted technologies w ill be successfully comm ercialized.

    Key elements of the new paradigm includ e the following:

    n Maximizing the return on federal and private sector R&D in-

    vestment. Government should evaluate technology partnerships

    for their econom ic as w ell as technical merit, partn ering w ith the

    private sector in areas of mu tual technology need s. By focusing

    on p rojects w ith a h igh poten tial for economic grow th, job cre-

    ation, and im prov ements in th e qua lity of life for Am ericans,

    Figure 5. The N ew Paradigm: Federal

    Technology Partnerships

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    government can fulfill its responsibility to maximize societal

    good, and industry can m aximize its return on investment.

    n Making government a better partner with the private sector.

    Governm ent shou ld imp rove the speed , flexibility, and p red ict-

    ability of its program s. Faster, more flexible, and r eliable

    programs will be better able to respond to technology dev elop-

    men t opportu nities as they arise.

    n Increasing the private sector role in project defin ition, se lec-

    tion, and management. Economic growth an d jobs result from

    comm ercialization of R&D, which is the role of the p rivate sector.

    Therefore, private sector need s mu st be met to the greatest extentpossible when establishing research directions an d selecting

    projects.

    n Conducting programs on a cost-shared basis. Cost-sharing in

    pu blic-pr ivate programs is critical, because it h eightens the p ri-

    vate sector p artners stake in the project, encouraging selection of

    projects with th e best comm ercialization poten tial and p romoting

    strong p rivate-sector comm itment to success. Cost-sharing en-

    sures that the p rivate sector partner h as bought into the pr ogram.

    nLimiting the length of participation. New p aradigm programsshould continu e to limit p roject life to a short term (one to three

    years). Projects that cannot gen erate full private sector sup port

    by the end of this period fail, freeing governm ent resources for

    use in other, more promising areas.

    By focusing on projects

    with a high potentialfor economic growth,

    job creation, and

    improvements in

    the quality of life for

    Americans, government

    can fulfill its

    responsibility to

    maximize societal good,

    and industry can

    maximize its returnon investment.

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    CHAPTER 4: FINDINGS

    In the prep ara tion of this repor t, the Office of Techn ology Policy (OTP)collected information from ag encies, ind ustry, and academ ia concern-ing the experience and lessons learned from federal technology par tner-

    ship pr ograms. This process provided b road ly useful insights into the

    evolution and cur rent opera tion of these program s. From this informa-

    tion, OTP has d raw n findings, presented below, about the effectiveness of

    the p artnership s in accomp lishing their goals. OTP has a lso formu lated

    recommend ations for further refinement of federal technology partner-

    ships. These recomm end ations are presented in chap ter 5.

    Partnership Programs and U.S. Competitiveness

    Governm ent plays an imp ortant role in fostering comp etitiveness and

    technology-based economic grow th. Although th e prim ary resp onsibility

    for ma intaining U.S. competitiveness lies w ith the private sector, pu blic

    research and d evelopmen t (R&D) investmen ts have long had a large

    impact on the private sectors ability to innova te and market new tech-

    nologies. The p ast several d ecades of experience with p ublic-private

    technology diffusion p olicies have taugh t u s that federa l technology

    programs contribute to U.S. competitiveness by

    n maximizing the commercial imp act and value to society of taxdollars invested in basic research and governm ent mission-

    related R&D, and

    n encouraging the government to w ork in partnership w ith the

    private se