[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5399 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5399

 To modify the grace period prior to the repayment period for certain 
   Federal direct loans and to exclude from Federal income taxation 
           certain employer-provided student loan assistance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2014

 Mr. Peters of California (for himself and Mr. Vargas) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Education and the Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To modify the grace period prior to the repayment period for certain 
   Federal direct loans and to exclude from Federal income taxation 
           certain employer-provided student loan assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Loan Repayment Assistance 
Act of 2014''.

SEC. 2. RESTORATION AND AN OPTION TO EXTEND THE START OF THE REPAYMENT 
              PERIOD OF CERTAIN FEDERAL DIRECT LOANS.

    (a) Restoration of Interest Subsidy During First 6-Month Grace 
Period.--Section 428(a)(3)(A)(i)(I) of the Higher Education Act of 1965 
(20 U.S.C. 1078(a)(3)(A)(i)(I)) is amended by inserting ``or, for a 
Federal Direct Stafford Loan for which the first disbursement is made 
on or after July 1, 2013, which accrues prior to the beginning of the 
repayment period of the loan (except for interest which accrues during 
the last 6 months prior to the beginning of such period, in the case of 
a student who makes an election under section 2(b)(2) of the Student 
Loan Repayment Assistance Act of 2014),'' before ``, or''.
    (b) Grace-Period Extension.--
            (1) Amendment.--Section 428(b)(7) of the Higher Education 
        Act of 1965 (20 U.S.C. 1078(b)(7)) is amended--
                    (A) in subparagraph (A), by inserting ``or, in the 
                case of a student who makes an election under section 
                2(b)(2) of the Student Loan Repayment Assistance Act of 
                2014, 12 months'' after ``6 months''; and
                    (B) in subparagraph (D), by inserting ``or, in the 
                case of a student who makes an election under section 
                2(b)(2) of the Student Loan Repayment Assistance Act of 
                2014, the 12-month period'' after ``6-month period''.
            (2) Election of extended grace period for certain fdsl and 
        fdus loans.--If the unemployment rate calculated by the Bureau 
        of Labor Statistics is greater than the natural rate of 
        unemployment (as established by the Board of Governors of the 
        Federal Reserve System), the Secretary of Education shall 
        provide an opportunity for each borrower who has a Federal 
        Direct Stafford Loan or Federal Direct Unsubsidized Stafford 
        Loan for which the first disbursement is made on or after July 
        1, 2013, to elect a 12-month grace period, in accordance with 
        section 428(b)(7) of the Higher Education Act of 1965, as 
        amended by this subsection, before beginning repayment. The 
        Secretary shall--
                    (A) notify each such borrower of the opportunity 
                for such an election not later than 45 days before the 
                start of the borrower's repayment period, as determined 
                under section 428(b)(7) of the Higher Education Act of 
                1965 as in effect on the day before the date of 
                enactment of this Act;
                    (B) advise each such borrower of the financial 
                consequences of electing such 12-month grace period; 
                and
                    (C) not require such a borrower to accept a 12-
                month grace period in accordance with section 428(b)(7) 
                of the Higher Education Act of 1965 (as amended by this 
                subsection), unless the borrower specifically elects 
                such 12-month grace period not later than 14 days 
                before the start of the borrower's repayment period, as 
                determined under section 428(b)(7) of the Higher 
                Education Act of 1965 as in effect on the day before 
                the date of enactment of this Act.

SEC. 3. EXCLUSION FROM GROSS INCOME OF BENEFITS UNDER CERTAIN STUDENT 
              LOAN PAYMENT ASSISTANCE PROGRAMS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 127 
the following new section:

``SEC. 127A. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS.

    ``(a) In General.--Gross income of a qualified employee does not 
include amounts paid or incurred by the employer for student loan 
payment assistance provided to such employee if the assistance is 
furnished pursuant to a program which is described in subsection (c).
    ``(b) Qualified Employee.--For purposes of this subsection, the 
term `qualified employee' means any employee who contributes (in 
addition to any amount excluded from gross income under this section) 
not less than $50 per month for payment of principal and interest on 
the loans subject to the student loan payment assistance program.
    ``(c) Limitations.--
            ``(1) Assistance limitation.--The amount taken into account 
        under subsection (a) with respect to an individual for student 
        loan assistance with respect to student loan payments during a 
        taxable year shall not exceed $6,000.
            ``(2) Earned income limitation.--The amount excluded from 
        the income of an employee under subsection (a) for any taxable 
        year shall not exceed the earned income of such employee for 
        such taxable year.
    ``(d) Student Loan Payment Assistance Program.--
            ``(1) In general.--For purposes of this section a student 
        loan payment assistance program is a separate written plan of 
        an employer for the exclusive benefit of his employees to 
        provide such employees with student loan payment assistance 
        which meets the requirements of paragraphs (2) through (10) of 
        this subsection. If any plan would qualify as a student loan 
        payment assistance program but for a failure to meet the 
        requirements of this subsection, then, notwithstanding such 
        failure, such plan shall be treated as a student loan payment 
        assistance program in the case of employees who are not highly 
        compensated employees.
            ``(2) Discrimination.--The contributions or benefits 
        provided under the plan shall not discriminate in favor of 
        employees who are highly compensated employees (within the 
        meaning of section 414(q)).
            ``(3) Eligibility.--The program shall benefit employees who 
        qualify under a classification set up by the employer and found 
        by the Secretary not to be discriminatory in favor of employees 
        described in paragraph (2).
            ``(4) Principal shareholders or owners.--Not more than 25 
        percent of the amounts paid or incurred by the employer for 
        student loan payment assistance during the year may be provided 
        for the class of individuals who are shareholders or owners (or 
        their spouses or dependents), each of whom (on any day of the 
        year) owns more than 5 percent of the stock or of the capital 
        or profits interest in the employer.
            ``(5) No funding required.--A program referred to in 
        paragraph (1) is not required to be funded.
            ``(6) Notification of eligible employees.--Reasonable 
        notification of the availability and terms of the program shall 
        be provided to eligible employees.
            ``(7) Statement of expenses.--The plan shall furnish to an 
        employee, on or before January 31, a written statement showing 
        the amounts paid or expenses incurred by the employer in 
        providing student loan payment assistance to such employee 
        during the previous calendar year.
            ``(8) Benefits.--
                    ``(A) In general.--A plan meets the requirements of 
                this paragraph if the average benefits provided to 
                employees who are not highly compensated employees 
                under all plans of the employer is at least 55 percent 
                of the average benefits provided to highly compensated 
                employees under all plans of the employer.
                    ``(B) Salary reduction agreements.--For purposes of 
                subparagraph (A), in the case of any benefits provided 
                through a salary reduction agreement, a plan may 
                disregard any employees whose compensation is less than 
                $25,000. For purposes of this subparagraph, the term 
                `compensation' has the meaning given such term by 
                section 414(q)(4), except that, under rules prescribed 
                by the Secretary, an employer may elect to determine 
                compensation on any other basis which does not 
                discriminate in favor of highly compensated employees.
            ``(9) Contributions made directly to lender.--A plan meets 
        the requirements of this paragraph if all benefits provided 
        under the plan are paid directly to the holder of the 
        indebtedness referred to in subsection (d)(1)(A)(i).
            ``(10) Matching contributions.--A plan which meets the 
        requirements of paragraphs (2) through (9) shall not fail to be 
        treated as a program described in this subsection merely 
        because such plan provides for the employer to make matching 
        contributions with respect to employee contributions.
    ``(e) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Student loan payment assistance.--
                    ``(A) In general.--The term `student loan payment 
                assistance' means the payment of principal or interest 
                on--
                            ``(i) any indebtedness incurred by the 
                        employee solely to pay qualified higher 
                        education expenses (as defined in section 221) 
                        which--
                                    ``(I) are paid or incurred within a 
                                reasonable period of time before or 
                                after the indebtedness was incurred, 
                                and
                                    ``(II) are attributable to 
                                education furnished during a period 
                                during which the employee was an 
                                eligible student, or
                            ``(ii) any indebtedness used to refinance 
                        indebtedness described in clause (i).
                Such term shall not include any payment of principal or 
                interest on indebtedness owed to a person who is 
                related (within the meaning of section 267(b) or 
                707(b)(1)) to the taxpayer or to any person by reason 
                of a loan under any qualified employer plan (as defined 
                in section 72(p)(4)) or under any contract referred to 
                in section 72(p)(5).
                    ``(B) Eligible student.--The term `eligible 
                student' has the meaning given such term by section 
                25A(b)(3).
                    ``(C) Dependent.--The term `dependent' has the 
                meaning given such term by section 152 (determined 
                without regard to subsections (b)(1), (b)(2), and 
                (d)(1)(B) thereof).
            ``(2) Earned income.--The term `earned income' shall have 
        the meaning given such term in section 32(c)(2), but such term 
        shall not include any amounts paid or incurred by an employer 
        for student loan payment assistance to an employee.
            ``(3) Employee.--The term `employee' includes, for any 
        year, an individual who is an employee within the meaning of 
        section 401(c)(1) (relating to self-employed individuals).
            ``(4) Employer.--An individual who owns the entire interest 
        in an unincorporated trade or business shall be treated as his 
        own employer. A partnership shall be treated as the employer of 
        each partner who is an employee within the meaning of paragraph 
        (3).
            ``(5) Attribution rules.--
                    ``(A) Ownership of stock.--Ownership of stock in a 
                corporation shall be determined in accordance with the 
                rules provided under subsections (d) and (e) of section 
                1563 (without regard to section 1563(e)(3)(C)).
                    ``(B) Interest in unincorporated trade or 
                business.--The interest of an employee in a trade or 
                business which is not incorporated shall be determined 
                in accordance with regulations prescribed by the 
                Secretary, which shall be based on principles similar 
                to the principles which apply in the case of 
                subparagraph (A).
            ``(6) Utilization test not applicable.--A student loan 
        payment assistance program shall not be held or considered to 
        fail to meet any requirements of subsection (c) (other than 
        paragraphs (4) and (8) thereof) merely because of utilization 
        rates for the different types of assistance made available 
        under the program.
            ``(7) Disallowance of excluded amounts as credit or 
        deduction.--No deduction or credit shall be allowed to the 
        employee under any other section of this chapter for any amount 
        excluded from the gross income of the employee by reason of 
        this section.
            ``(8) Treatment of salary reduction amounts.--Any matching 
        contribution withheld from an employee under a student loan 
        payment assistance program pursuant to a salary reduction 
        agreement shall be treated for purposes of this title as an 
        amount paid by the employee and not as an amount paid by the 
        employer.''.
    (b) Conforming Amendments.--Sections 221(d)(2)(A), 414 (n)(3)(C) 
and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of 
such Code are each amended by inserting ``127A,'' after ``127,''.
    (c) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by inserting after 
the item relating to section 127 the following new item:

``Sec. 127A. Student loan payment assistance programs.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 4. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN 
              EMPLOYER.

    (a) In General.--Part VII of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by redesignating section 224 
as section 225 and by inserting after section 223 the following new 
section:

``SEC. 224. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN 
              EMPLOYER.

    ``(a) In General.--In the case of an individual who is a qualified 
employee (as defined in section 127A), there shall be allowed as a 
deduction an amount equal to the student loan payments made by such 
individual with respect to which an employer of such individual makes 
matching contributions under a student loan payment assistance program 
which are excludible from the gross income of such employee under 
section 127A.
    ``(b) Annual Limitation.--The amount allowable as a deduction under 
subsection (a) with respect to any individual for any taxable year 
shall not exceed $6,000.
    ``(c) Lifetime Limitation.--The amount allowable as a deduction 
under subsection (a) with respect to any individual for any taxable 
year shall not exceed the excess of--
            ``(1) $50,000, over
            ``(2) the aggregate amount allowable as a deduction under 
        subsection (a) with respect to such individual for all prior 
        taxable years.
    ``(d) Denial of Double Benefit.--Any amount excluded from the gross 
income of an individual under section 127A shall not be treated as an 
amount paid by such individual for purposes of this section. The amount 
of principal and interest with respect to which a deduction is allowed 
under this section shall not be taken into account in determining the 
amount of any other deduction or credit allowed under this chapter.''.
    (b) Clerical Amendment.--The table of sections for part VII of 
subchapter B of chapter 1 of such Code is amended by redesignating the 
item relating to section 224 as an item relating to section 225 and by 
inserting after the item relating to section 223 the following new 
item:

``Sec. 224. Deduction for student loan payments which are matched by an 
                            employer.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>