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S. 4472 — what changed

Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026

From Reported in Senate to Engrossed in Senate. 4 sections amended and 1 added between Reported in Senate and Engrossed in Senate.

Sec. 2 Reauthorization of Accelerating Access to Critical Therapies for ALS Act

(a)
changed In general— Section 7 of the Accelerating Access to Critical Therapies for ALS Act (Public Law 117–79) is amended by striking “2026” “2022 through 2026” and inserting “2031”.“2027 through 2031”.
(b)
Grants for ALS research— Section 2(f) of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended by striking “2026” and inserting “2031”.

Sec. 3 Improvements to program for grants for research on therapies for ALS

added Section 2 of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended—

(a)
removed Clinical trial status review— Section 2(b) of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended by adding at the end the following:

removed “(4) Clinical trial status review

removed “(A) In general—In reviewing applications for renewals of a grant awarded under this section with respect to an investigational drug, the Secretary shall assess the status of a clinical trial carried out for such drug with respect to data on enrollment of patients in such clinical trial.

removed “(B) Interim clinical trial data—To enable the Secretary to make the assessment under subparagraph (A) with respect to an investigational drug, the Secretary shall request that the manufacturer of the investigational drug share interim clinical trial data with respect to such drug with the Secretary.”

(1)
changed Clarifying participating clinical trial definition— Section 2(e) of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360ee note) is amended in subsection (a), by adding inserting “(referred to in this section as “expanded access grants”)” before the period at the end of the following:first sentence;
(2)
added in subsection (b)—
(A)
added by striking “(b) Application—” and all that follows through “A participating” in paragraph (1) and inserting the following:

added “(b) Application—A participating”

(B)
added by redesignating paragraphs (2) and (3) as paragraphs (1) and (2) respectively;
(C)
added in the matter preceding paragraph (1), as so redesignated, by striking the period at the end and inserting “including—”;
(D)
added by amending paragraph (1), as so redesignated, to read as follows:

added “(1) a description of how data generated through the proposed expanded access grant will be used to support research or development related to the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis;”

(E)
added in paragraph (2), as so redesignated—
(i)
added by striking “Noninterference with clinical trials—” and all that follows through “shall include”;
(ii)
added by striking “program” and inserting “grant”; and
(iii)
added by striking the period at the end and inserting “; and”; and
(F)
added by adding at the end the following:

added “(3) an assurance that such entity will promptly report to the Secretary available safety data from any ongoing clinical trial of the investigational drug as set forth in the terms and conditions of the grant.”

(3)
added in subsection (c)—
(A)
added by redesignating subparagraphs (A) and (B) of paragraph (2) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(B)
added by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly;
(C)
added in subparagraph (C), as so redesignated, by striking the period at the end and inserting “; and”;
(D)
added in the matter preceding subparagraph (A), as so redesignated, by striking “this section, confirm that—” and inserting the following: “this section—

added “(1) confirm that—”

(E)
added by adding at the end the following:

added “(2) in the case of a renewal of such a grant, request from the sponsor of the investigational new drug application involved, and assess, the enrollment, safety, and any available efficacy data of the drug related to the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis.”

(4)
added in subsection (d)(1), by striking “request described in subsection (a)” and inserting “grant”; and
(5)
added in subsection (e)—
(A)
added in paragraph (2), by inserting “, and that begins enrollment within a timeframe as determined by the Secretary through the terms and conditions of the grant” before the period at the end; and
(B)
added by adding at the end the following:

added “(4) The term phase 3 clinical trial includes a phase 2/3 combined trial and a planned phase 3 clinical trial that is not yet enrolling participants.”

removed “(4) The term phase 3, with respect to a clinical trial, includes a phase 2/3 combined trial and a planned phase 3 clinical trial that is not yet enrolling participants.”

Sec. 4 Report on ALS and other rare neurodegenerative disease action plans

changed Section 4 of the Accelerating Access to Critical Therapies for ALS Act (21 U.S.C. 360aa note) is amended by adding at the end the following:amended—

(1)
added in the section heading, by striking “ALS and other” and inserting “FDA”;
(2)
added in subsection (a), in the matter preceding paragraph (1)—
(A)
added by inserting “and not later than 1 year after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026 and every 5 years thereafter,” after “this Act,”; and
(B)
added by inserting “develop, or update, as applicable, and” before “publish on”;
(3)
added in subsection (b)—
(A)
added in the matter preceding paragraph (1), by striking “initial”;
(B)
added in paragraph (2)—
(i)
added in subparagraph (A), by inserting “of relevant investigational new drug applications” after “sponsors”;
(ii)
added in subparagraph (C) by inserting “for the prevention, diagnosis, mitigation, treatment, or cure of rare neurodegenerative diseases” before the semicolon; and
(iii)
added in subparagraph (D), by striking “; and” and inserting a semicolon;
(C)
added in paragraph (3), by striking the period at the end and inserting “; and”; and
(D)
added by adding at the end the following:

added “(4) for each action plan published after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026, include a description of—

added “(A) previous actions taken by the Food and Drug Administration to implement the previous action plan published under subsection (a);

added “(B) any other planned actions to implement such action plan; and

added “(C) any barriers to implementing such action plan and related recommendations, which may include an estimate of resources necessary to address such barriers.”

removed “(c) Report on ALS and other rare neurodegenerative disease action plans—Not later than one year after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026, the Commissioner of Food and Drugs shall publish on the website of the Food and Drug Administration a report that contains—

removed “(1) an updated action plan, including—

removed “(A) a description of the actions the Food and Drug Administration intends to take during the 5-year period following publication of the plan with respect to the program enhancements, policy development, regulatory science initiatives, and other appropriate initiatives described in subsection (a);

removed “(B) a description of the resources necessary to implement each section of the plan within such 5-year period; and

removed “(C) specific approaches the Commissioner will take to improve coordination of implementation of the plan with rare neurodegenerative disease communities that are not specifically ALS communities; and

removed “(2) with respect to the Action Plan for Rare Neurodegenerative Diseases including Amyotrophic Lateral Sclerosis (ALS) published by the Food and Drug Administration on June 23, 2022 (referred to in this section as the “2022 Action Plan”), a description of—

removed “(A) the actions taken by the Food and Drug Administration under the 2022 Action Plan;

removed “(B) the effect of the implementation of the 2022 Action Plan on the development of therapies and regulatory consideration of therapies for ALS and other rare neurodegenerative diseases;

removed “(C) any programs and initiatives that established or carried out as part of the implementation of the 2022 Action Plan; and

removed “(D) the extent to which the 2022 Action Plan was implemented with respect to rare neurodegenerative diseases that are not amyotrophic lateral sclerosis.”

Sec. 5 Reports

changed Section 6 of the Accelerating Access to Critical Therapies for ALS Act (Public Law 117–79) is amended, in the matter preceding paragraph (1)—amended—

(1)
changed in the heading, by striking “4 years after the date of the enactment of this Act” “GAO Report” and inserting “5 years after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026”; and“Reports”;
(2)
changed by striking “Not later than” and inserting “, with respect to the 10-year period starting on the date of enactment of this Act” after “containing”.following:

added “(a) GAO report—Not later than”

(3)
added in the matter preceding paragraph (1) of subsection (a), as so designated, by striking “this Act” and inserting “the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026”; and
(4)
added by adding at the end the following:

added “(b) HHS report—Not later than 4 years after the date of enactment of the Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026, the Secretary of Health and Human Services shall, in a manner that does not duplicate the information described in the action plan published pursuant to section 4, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the effectiveness of the activities carried out under sections 2, 3, and 5 and making recommendations to improve such activities.”

Sec. 6 Technical amendments

added

added Section 3 of the Accelerating Access to Critical Therapies for ALS Act (42 U.S.C. 280g–7b) is amended—

(1)
added in subsection (a), in the matter preceding paragraph (1), by striking “amytrophic” and inserting “amyotrophic”; and
(2)
added in subsection (b)(3)(A)(iii), by striking “rational”.