Should Unauthorized Federal ‘Zombie’ Programs be Phased Out in 3 Years? (H.R. 2505)

What is H.R. 2505?

(Updated March 12, 2022)

This bill — the Unauthorized Spending Accountability (USA) Act of 2019 — would wind down expired and unauthorized federal programs that still receive funding over the course of three years. Funding for the “zombie” programs or agencies (as this bill calls them) would be reduced during each of the three years before the phase out is completed. If the zombie program or agency is reauthorized at any point during the three years after this bill’s enactment, funding reductions and sunset clauses would be lifted and the program could operate at full funding.

The three-year timeline to the end of all zombie programs would be triggered as soon as this legislation is enacted. All reauthorizations would have to include a sunset clause. During the first year, zombie programs would face a 10% funding reduction (aka sequester) and receive only 90% of the funding they were allocated in the program’s original expiration year. In the second and third years the sequester would rise to 15% before the program’s final expiration at the end of the third year.

A Spending Accountability Commission (SAC) would be created and charged with: 

• Making a full authorization schedule of all discretionary programs and agencies;
  
• Reviewing mandatory spending programs; and
  
• Determining mandatory spending cuts. 

SAC could propose a new sequester (or funding cut) schedule to Congress for consideration. In order to override a sequester, the SAC would have to report mandatory cuts in an equal amount that Congress could then consider enacting. The SAC’s reauthorization schedule must limit reauthorizations to three years, include the include the budgetary level reductions established by this bill, and establish a mechanism for replacing the budgetary level reductions with reductions to mandatory spending programs.

The House of Representatives would be required to consider the SAC’s proposal using expedited legislative procedures. 

Argument in favor

Federal programs that haven't been reauthorized by Congress shouldn’t continue to spend taxpayer dollars. Winding down those “zombie” programs over a three-year period and cutting their funding gives Congress time to consider reauthorizations while saving taxpayer money.

Argument opposed

Congress fails to do its job on-time with stunning regularity, and that shouldn’t prevent programs with a lapsed authorization from continuing to receive funding and operate as they normally would. Lawmakers can already cut off or eliminate programs they feel should be stopped.

Impact

Anyone concerned with unauthorized government spending; federal programs funded by unauthorized spending; the to-be-formed SAC; and Congress.

Cost of H.R. 2505

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Cathy McMorris-Rodgers (R-WA) reintroduced this bill from the 115th Congress to prevent taxpayer dollars from going to "zombie" federal programs that continue to operate after their spending authorization has expired:

“We have a fiscal crisis in America today — too much of the federal government is on autopilot. The USA Act is simple, it ensures that every penny of taxpayer money is subject to the scrutiny of the American people. It means that the people’s representatives are doing their jobs to effectively review, rethink, and possibly eliminate programs that are no longer needed. It means restoring the power of the purse and ending unauthorized spending.”

When she introduced this bill last Congress, Rep. McMorris-Rodgers said:

“Too much of government is currently on autopilot, and it’s time to challenge the status quo. A big part of the problem is due to what people in Washington, D.C. call ‘unauthorized spending’ — spending on government programs that have not been authorized by the people’s representatives. This means that the American people are prevented from exercising their power of the purse.”

Americans for Tax Reform supports this bill: 

“With the national debt at over $22 trillion and counting, Congress must work on streamlining and reducing government spending as much as possible. While Democrats control the House of Representatives, relying on Congress to reduce spending in and of itself is a difficult proposition, which is why an automatic sunset and sequestration period for unauthorized programs is necessary. H.R. 2505 is an important piece of taxpayer-friendly legislation that sets Congress back on a path of fiscal accountability. Congress should swiftly pass it, and President Trump should sign it into law.”

This legislation has 31 bipartisan cosponsors, including 28 Republicans and three Democrats, in the 116th Congress. Last Congress, it had 39 Republican cosponsors and didn’t receive a committee vote. 

Of Note: According to a report by the Congressional Budget Office (CBO), $310 billion was appropriated to be spent on programs with expired authorizations for fiscal year 2016. This was after $294 billion was spent on such programs the prior year.

Media:

• Sponsoring Rep. Cathy McMorris-Rodgers (R-WA) Press Release
  
• Sponsoring Rep. Cathy McMorris-Rodgers (R-WA) Bill Summary
  
• Americans for Tax Reform (ATR) (In Favor)
  
• Heritage Action (In Favor)
  
• FreedomWorks (In Favor, 115th Congress)
  
• Countable (115th Congress Version)