H.R. 5861 (119th)Bill Overview

Legacy Act of 2025

Health|Health
Cosponsors
Support
Democratic
Introduced
Oct 28, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Energy and Commerce.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

This bill directs the Secretary of Health and Human Services to seek an agreement with the National Academies of Sciences, Engineering, and Medicine to study how to establish and maintain a national, confidential, and secure system to store and retrieve "last wish" documents (including advance directives, organ donor registrations, healthcare proxies, powers of attorney, and living wills) at no cost to individuals. The National Academies would report a status update to the Secretary and Congress within 2 years of enactment and deliver final study results within 4 years.

Why people may split

Role of federal government versus state control: conservatives emphasize federalism and potential overreach; liberals and centrists are more comfortable with a federal-led study.

Watch point

Relative to its intended legislative type, this bill clearly and simply directs a study by the National Academies on creating a national system for storing and retrieving last wish documents, provides definitions and concrete reporting deadlines, but omits key execution details such as funding, detailed study scope and methodology, and explicit integration with existing legal frameworks.

This bill directs the Secretary of Health and Human Services to seek an agreement with the National Academies of Sciences, Engineering, and Medicine to study how to establish and maintain a national, confidential, and secure system to store and retrieve "last wish" documents (including advance directives, organ donor registrations, healthcare proxies, powers of attorney, and living wills) at no cost to individuals.

The National Academies would report a status update to the Secretary and Congress within 2 years of enactment and deliver final study results within 4 years.

Definitions of the covered documents and of the agencies involved are included.

Passage75/100

Based solely on content and common legislative patterns, the bill is a low-stakes, technical study request that is unlikely to provoke ideological opposition. Such study/report bills often attract bipartisan support and can be enacted, especially if sponsors secure committee time and minimal funding for the contract. The absence of authorization language for funding and the routine nature of the subject reduce friction, though procedural calendar and competing legislative priorities remain practical obstacles.

CredibilityPartially aligned

Relative to its intended legislative type, this bill clearly and simply directs a study by the National Academies on creating a national system for storing and retrieving last wish documents, provides definitions and concrete reporting deadlines, but omits key execution details such as funding, detailed study scope and methodology, and explicit integration with existing legal frameworks.

Contention28/100

Role of federal government versus state control: conservatives emphasize federalism and potential overreach; liberals and centrists are more comfortable with a federal-led study.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesFederal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitCould improve timely access to individuals' advance directives and related documents at point of care, potentially incr…
  • Potential benefitA centralized, secure repository could simplify locating documents across jurisdictions and families, reducing administ…
  • Federal agenciesThe study will create federal contract and research work (National Academies engagements, technical and legal analysis)…
Likely burdened
  • Potential burdenA national repository raises privacy and cybersecurity concerns; centralizing sensitive health and legal documents coul…
  • Federal agenciesPotential conflicts with diverse state laws governing advance directives, powers of attorney, and medical decisionmakin…
  • Federal agenciesAlthough the bill funds a study rather than implementation, critics may note the study could lead to future federal cos…
03 · Why people split

Why the argument around this bill splits.

Role of federal government versus state control: conservatives emphasize federalism and potential overreach; liberals and centrists are more comfortable with a federal-led study.
Progressive90%

Progressives are likely to view the bill positively as a modest federal step toward increasing equitable access to end-of-life planning and ensuring underserved populations can store legally important documents without cost.

They will appreciate that the study is to be conducted by the National Academies and includes a concrete timeline for reporting.

Concerns would center on ensuring strong privacy and anti-discrimination safeguards, meaningful accessibility for low-income and non-English speakers, and that the study leads to implementation that protects civil rights.

Leans supportive
Centrist80%

A moderate would likely view this bill as a low-cost, evidence-seeking step that could address a practical problem without immediately expanding federal programs.

They will welcome the National Academies' independent study and the two-stage reporting timeline as sensible.

Key centrist concerns will be clarity about costs, how a national system would interact with state laws and existing registries, and how privacy and liability are handled.

Leans supportive
Conservative55%

Mainstream conservatives would likely view the bill as low-stakes because it only commissions a study rather than creating a federal program, but they may be cautious about the prospect of a national, centralized repository controlled or influenced by the federal government.

Concerns will focus on federal overreach, state sovereignty over legal instruments like powers of attorney and advance directives, data privacy, and eventual costs and mandates.

Some conservatives might accept the study as a reasonable fact-finding step if it explicitly defers to state law and limits federal authority; others could be skeptical of creating the expectation of a permanent federal database.

Split reaction
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood75/100

Based solely on content and common legislative patterns, the bill is a low-stakes, technical study request that is unlikely to provoke ideological opposition. Such study/report bills often attract bipartisan support and can be enacted, especially if sponsors secure committee time and minimal funding for the contract. The absence of authorization language for funding and the routine nature of the subject reduce friction, though procedural calendar and competing legislative priorities remain practical obstacles.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • No appropriation or funding mechanism is specified in the text; whether HHS will fund the National Academies study and from what account is unclear and could affect feasibility.
  • The bill does not detail scope of the study (standards for security, access verification, interaction with state law), so downstream implementation risks and stakeholder opposition (states, privacy advocates, providers) are unknown.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Role of federal government versus state control: conservatives emphasize federalism and potential overreach; liberals and centrists are mor…

Based solely on content and common legislative patterns, the bill is a low-stakes, technical study request that is unlikely to provoke ideo…

Unlocked analysis

Relative to its intended legislative type, this bill clearly and simply directs a study by the National Academies on creating a national system for storing and retrieving last wish documents, provides definitions and co…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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