PolicyBrief
H.R. 5404
119th CongressSep 16th 2025
Make America Healthy Again Act of 2025
IN COMMITTEE

This bill codifies Executive Order 14212 into statutory law, making its requirements legally binding.

Michael Lawler
R

Michael Lawler

Representative

NY-17

LEGISLATION

Make America Healthy Act Codifies Unknown Executive Order, Cementing Policy Into Permanent Law

The “Make America Healthy Again Act of 2025” kicks off with a procedural move that’s deceptively simple but carries serious weight: it takes an existing presidential directive, Executive Order 14212, and turns it into full statutory law (SEC. 2).

The Fine Print: When an Order Becomes Law

Essentially, this section is the legislative equivalent of making a temporary rule permanent. An Executive Order (EO) is a directive issued by the President, and while it carries the force of law, it can be easily modified or completely revoked by the next President, or even the current one. This bill changes that. By “codifying” EO 14212, Congress is taking whatever policies, rules, or requirements were contained in that order and making them part of the U.S. Code—the official, permanent collection of federal laws. This means the rules laid out in EO 14212 are no longer subject to the whims of a future administration; they can only be changed or repealed by passing a new act of Congress.

What This Means for Everyday Life

Since the text of the bill doesn't tell us what Executive Order 14212 actually covers, we have to focus on the procedural implications. If that EO, for example, required all federal contractors to provide specific mental health benefits, those requirements are now permanent. For a small business owner who contracts with the government, those costs and requirements are now locked in and much harder to fight or change. If the EO established new patient privacy rules, those rules are now permanent fixtures in the healthcare landscape.

The Trade-Off: Stability vs. Flexibility

On one hand, codifying an EO provides stability. If the policy is good—say, it ensures consistent funding for a critical public health program—then making it permanent is a benefit. It prevents that program from being immediately gutted by the next administration. This is a win for anyone who relies on the stability of that policy.

However, the flip side is that this move removes the policy from the normal executive review cycle. If the original order was poorly written, overly burdensome, or vague, that vagueness is now cemented into law (see 'Vague_Authority' in the analysis). Changing a law is much harder than changing an Executive Order. This means that if the rules established by EO 14212 are difficult for, say, hospitals or manufacturers to comply with, those burdens are now permanent and will require a full legislative effort to fix. For any group that was negatively impacted by the original Executive Order, this provision makes their situation significantly harder to reverse.