H.R. 8467 explained · 119th Congress · Pending in Congress
ZOMBIE Act
Cosponsors: none · per Congress.gov, 2026-10-08
Introduced: 2026-04-23
Latest action (2026-06-11): Received in the Senate.
What H.R. 8467 does, in plain terms
Zeroing Out Monetary Benefits Improperly Expended Act or the ZOMBIE Act This bill focuses requirements governing the assessment, tracking, and reporting of improper payments made by federal agencies on improper payments that result in financial loss to the government. The bill defines financial loss to the government as any payment (or part of a payment) in excess of the correct amount that results in a financial loss to the government, but excludes any payment (or part of a payment) that is made to the correct recipient for the correct amount but fails to meet administrative procedures (other than those required to verify the validity of the payment). The bill requires agencies to assess programs and activities every three years for the risk of improper payments resulting in financial loss to the government. The bill also generally modifies other reporting requirements to focus on such improper payments, including by expanding reporting requirements to include information about actions taken by agencies to prevent such payments (e.g., use of the Do Not Pay system) and to implement certain best practices. The bill also requires an estimate of such improper payments in agencies’ annual budget justification, requires the Department of the Treasury to develop risk assessment guidance, and allows up to 75% of funds that are recovered through audits to be directed back to the original program or activity (currently, up to 25% of such funds may be directed back to the original program or activity).
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
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H.R. 8467 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 0.75
Archived SI output (machine-generated)No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.
Synthesis
The ZOMBIE Act is constitutional only if amended to include explicit safeguards: (1) any redirection of recovered funds must be subject to annual congressional appropriations to preserve the power of the purse; (2) Treasury's risk assessment guidance must be strictly procedural and not alter the statutory definition of 'financial loss'; (3) audit and data collection provisions must be limited to payment records and not authorize warrantless searches of private affairs; (4) due process rights must be guaranteed for individuals and states contesting improper payment determinations; and (5) state sovereign interests in joint federal-state programs must be protected.
The ZOMBIE Act is a proper exercise of Congress's enumerated powers under Article I, Section 8, Clause 1 (the General Welfare Clause) and Article I, Section 8, Clause 18 (the Necessary and Proper Clause). The bill addresses improper payments that result in financial loss to the government, which directly concerns the prudent management of public funds. By requiring agencies to assess risks, report on improper payments, and recover funds, it promotes accountability and efficiency in the execution of federal spending. The provision allowing up to 75% of recovered funds to be redirected to the or…
This bill aims to reduce improper payments by federal agencies, which on its face appears prudent in protecting the public treasury. However, I must examine it through the lens of strict constitutional limits on federal power. The Tenth Amendment reserves to the states and the people all powers not delegated to the United States. Congress may only legislate within its enumerated powers; here, the bill relies on the spending power and the necessary and proper clause. So long as the measure is a genuine exercise of Congress's authority to regulate the expenditure of federal funds and does not in…
The bill's aim to reduce improper federal payments is a legitimate object of legislative authority under the power to regulate the public fisc, as implied by Article I, Section 8, Clause 1 (the General Welfare and Spending Clause) and Article I, Section 9, Clause 7 (the Appropriations Clause), which require that no money be drawn from the Treasury but in consequence of appropriations made by law. However, the provision allowing up to 75% of recovered funds to be redirected to the original program raises a concern under the separation of powers, as it may create a self-perpetuating incentive fo…
The ZOMBIE Act operates within the scope of Congress's authority under Article I, Section 8 to regulate federal spending and ensure the efficient operation of government. The act's provisions for assessing, tracking, and reporting improper payments, and for redirecting recovered funds, are necessary and proper means to execute the enumerated powers of appropriating and managing public funds. This is consistent with the principle in McCulloch v. Maryland that Congress may employ all means which are appropriate and plainly adapted to legitimate ends. The bill does not infringe upon the powers of…
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