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In 1974, Congress created the Legal Services Corporation to connect lower-income Americans involved in civil disputes with free legal help. The law that established the agency stipulated that authorization for its funding would expire in 1980, when lawmakers were required to vote on whether to keep it alive.
They never did. Still, Congress has funded LSC every year since. In fiscal 2025, its 51st year, LSC’s 135 employees will spend 95% of its now $560 million annual budget paying legal groups to represent Americans in cases such as eviction, domestic violence, and disputes over government benefits, according to Ron Flagg, the agency’s president since 2020.
“LSC would welcome reauthorization,” Flagg said. “We haven’t hidden from it. Every budget cycle, we go through an exhaustive process before Congress appropriates funds — dozens of meetings with leaders of both parties. We demonstrate our return on investment, how we help 2 million Americans get life-saving legal help.”
The Legal Services Corp. now stands as America’s oldest “Zombie” program, but it’s far from unique. At a time when the Trump administration is moving aggressively to scale back government, including eliminating the entire Education Department, it’s sobering to note that 1,503 agencies or programs live on despite expired authorizations, according to the Congressional Budget Office. Another 155 will expire on Sept. 30. The Zombies, nearly half of which have been officially dead for more than a decade, persist in a budgetary netherworld. In a deep dive last year, CBO analysts were able to find dollar amounts for 491 of the programs, with total expenditures of $516 billion. They don’t know how much funding the other programs received.
The total federal budget in 2024 was $6.8 trillion, meaning expired Zombie programs take up at least 8% of the budget, and likely much more.
“A lot of programs don’t get reauthorized because Congress is okay with how they’re operating,” said Josh Huder, former congressional staffer now at the Georgetown University Government Affairs Institute. “They continue to get annual appropriations because most members think they’re worthwhile.”
Many Zombie programs now soak up far more funding than lawmakers originally envisioned. The Federal Election Commission, for example, was expected to spend $9.4 million per year before its authorization expired in 1981. Yet the agency continued to receive funding and spent $95 million in 2024, auditors at government watchdog Open The Books found. The Federal Communications Commission was originally allocated $339.6 million per year. Its funding authorization expired in 2020, yet it spent $28.4 billion last year.
Elon Musk’s Department of Government Efficiency hasn’t addressed the Zombies that are prowling the federal spreadsheets. Given DOGE’s headlong push to first root out alleged waste, fraud, and abuse and ask questions later, experts say, Zombies may offer a ripe target.
“One could imagine that if DOGE is clued into the notion of expired authorizations, they’ll think a program is defunct,” said Sarah Binder, senior fellow at Brookings and professor of political science at George Washington University. She said this would be a mistake. “If Congress is still appropriating money to the programs, they’re not Zombies. They’re living, breathing agencies.”
Binder says the fault lies not with the agencies, some of which have become important enough to be household names, but Congress. Lawmakers have made it so difficult to accomplish their most fundamental tasks, such as funding the government for another year, that they hardly ever get around to doing other important things, such as reauthorizing existing programs.
The Foreign Relations Authorization Act, for example, expired in 2003. Yet in 2024, Congress spent $38.4 billion on 24 of the law’s programs, allowing legislators to influence the White House’s foreign policy and security assistance to other nations.
The House Committee on Energy and Commerce, now led by Rep. Brett Guthrie (R-KY), supported the funding of 346 expired programs, more than any other committee, the CBO found. The Senate Committee on Health, Education, Labor and Pensions, now chaired by Sen. Bill Cassidy (R-LA), spent more identifiable money than any other group: $153.5 billion. (Read more: RealClearInvestigations, 3/25/2025) (Archive)