What are we doing?

• We are organizing a collective advocacy effort to persuade NIH to reform its SBIR/STTR foreign risk assessment process by informing companies of the bases for its adverse risk determinations, as required by law. The effort will include: (i) a lawsuit seeking to compel NIH to comply with applicable law; and (ii) engagement with Congress and relevant agency officials.

Why are we doing this?

• NIH is denying many of the most technically compelling grant proposals due to a black-box foreign risk assessment process. Some denials appear to be arbitrary and untethered to genuine risk factors. The law requires NIH to inform companies of the factual bases for its foreign risk denials. NIH refuses to do so, leaving companies with no opportunity to correct factual inaccuracies or mitigate any legitimate risks that may exist.

• If the status quo persists: (i) many of the most promising future treatments will fail due to lack of funding; (ii) companies will be denied funding on the basis of analyses that are factually incorrect; and (iii) where legitimate risks exist, those risks will go unmitigated and pose continuing risks to national security and economic prosperity.

How can you help?

• We need companies to serve as co-plaintiffs in the lawsuit. If your company has received a foreign risk denial from NIH after April 13, 2026, and if you would like to discuss joining the effort as a co-plaintiff in the lawsuit, please fill out the form below.

• The matter is being undertaken pro bono (without charge) by Scale LLP. Your information will be used only for the purpose of exploring your participation in this effort.