What the New $1.9T Spending Law Means for Life and Annuity Legislation

Analysis December 23, 2024 at 05:27 PM
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What You Need To Know

  • President Biden signed a bill over the weekend to keep the government running.
  • It contained no life and annuity provisions.
  • It may have changed how interest groups will have to work to get future life and annuity provisions through Congress.
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President Joe Biden signed a major anti-shutdown bill — the American Relief Act, 2025 package — into law Saturday, at a time when many Washington financial services policymakers have already left for the holidays.

The text of the new law does include provisions that will authorize the federal government to continue normal operations through March 14, 2025. It does not include any life or annuity provisions. But the package, and the fight to pass it, could have a big, indirect effect on life and annuity policymaking starting Jan. 3, when the 119th Congress starts.

The package authorizes about $1.9 trillion in federal government outlays for 2025, according to a Congressional Budget Office analysis.

Here are five ways the fight over the 2025 spending bill will echo.

1. It set the stage for a new government shutdown fight.

Congress will have to go through a new round of negotiations and legislation by March 14 or once again face the possibility of a new government shutdown.

This could create opportunities for financial services industry groups and other players to fight to extend measures that affect financial services clients, such as the provision in the Tax Cuts and Jobs Act of 2017 that doubled the estate tax exemption.

Keeping the estate tax exemption at current levels, rather than letting it fall by about 50%, back to an inflation-adjusted version of the amount in effect before 2017, could help the clients of estate planners but hurt sales of the big cash-value life insurance policies wealthy families have traditionally used to cope with estate taxes.

It could also create an opportunity for players to talk about "Secure 3.0," a package of ideas for helping Americans get more out of 401(k) plans and individual retirement accounts.

One measure that could be part of Secure 3.0 could be a new bill, backed by the American Council of Life Insurers, that would help people roll assets directly from 401(k) plans into annuities.

2. It left the current federal debt ceiling in place.

Federal law sets strict limits on how much the federal government can borrow. Congress has always suspended the limit temporarily to allow the U.S. Treasury and the federal government to operate normally.

The current debt limit suspension expires Jan. 1. The Treasury likely will be able to keep the lights on using extraordinary measures until the summer. But Congress will face another need to pass must-pass legislation, and another major opportunity for supporters of the Secure 3.0 package and Tax Cuts and Jobs Act provision extensions, before the Treasury runs out of extraordinary cash-management ideas.

3. It may have broken the old dealmaking system.

In recent years, Republicans and Democrats have overcome their inability to pass ordinary legislation through the ordinary rules of Congress — by making enough compromises to get at least 50% of the votes in the House and at least 60 of the 100 votes in the Senate — by packing most bills that have some, but not much, opposition into giant, "must-pass" spending packages or other must-pass packages that show up at the last minute.

Lawmakers pushed ARA, 2025 through the House partly by stripping most of the provisions unrelated to keeping the federal government open out of the original spending bill.

Rep. Tom Cole, R-Okla., helped keep the government open by getting the package passed, and he said Congress needs to consider more bills one at a time, instead of putting the bills in giant, must-pass packages.

"One of the reasons people distrust this institution is because we quite often pile things on bills that are totally unrelated," Cole said.

Cole's way of thinking could have more sway in the 119th Congress, and it could require supporters of measures like the Secure 3.0 package to spend more time on making the case for stand-alone bills and less on courting must-pass spending package creators.

4. It may have affected the balance of power between Congress and the executive branch.

The thinking, going in, was that the Republican seats in the House were full of people who were loyal to President-elect Donald Trump.

But when House members had to decide between adding a debt-ceiling fix provision that Trump wanted and keeping the government open, they chose to keep the government open.

5. It may have shown how Trump sees the scope of his authority.

Trump has alarmed some opponents by suggesting that he might take steps such as having opponents arrested and vowing to operate as a dictator.

But his statements about ARA, 2025 appear to imply that he expects to comply with federal laws such as the laws governing federal debt limits. That may decrease the odds that financial services policy players can hope to have the Trump administration create new financial services rules or eliminate unwanted rules through executive actions that clearly conflict with federal law.

Credit: Bloomberg

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