Accelerating Access to Critical Therapies for ALS Reauthorization Act of 2026

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 1 (Spending Clause) to provide for the general welfare by funding medical research, and under Article I, Section 8, Clause 8 (Patent Clause) to promote the progress of science and useful arts. The bill authorizes NIH and FDA grants and partnerships, which are exercises of the spending power. It does not exceed enumerated powers.

Bill of Rights · passes

The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other right protected by the Bill of Rights. It imposes no searches or seizures, no self-incrimination, no deprivation of life, liberty, or property without due process, and no cruel or unusual punishment. It is purely a funding and regulatory measure for medical research.

Individual liberty · passes

The bill does not restrict what individuals can do with their person, property, speech, labor, or belief. It facilitates access to investigational drugs and supports research, which expands individual options rather than restricting them. No compelling justification is needed because no restriction is imposed.

Decentralization · passes

The bill addresses a rare and complex disease that requires national coordination of research and regulatory oversight. An individual, family, or local community cannot handle the scale of NIH and FDA programs. States could not effectively regulate interstate drug development or ensure uniform access to investigational therapies. The federal role is appropriate and does not consolidate decision-making beyond the minimum necessary for a national health crisis.

Due process and takings · passes

The bill does not take property without just compensation. It imposes no penalties or deprivations. It includes procedural safeguards by requiring NIH to assess safety and efficacy data and to require grantees to report adverse events, and FDA to publish plans and reports, ensuring transparency and accountability. These provisions support fair and non-arbitrary government action.