(A)(i) by striking ‘‘, and the gross re-
ceipts’’ in subparagraph (A)(i) and all that fol-
lows through ‘‘determined under clause (iii)’’, 
(ii) by striking clause (iii) of subparagraph 
(A) and redesignating clauses (iv), (v), and (vi), 
thereof, as clauses (iii), (iv), and (v), respec-
tively, 
(iii) by striking ‘‘and (iv)’’ each place it 
appears in subparagraph (A)(iv) (as so redesig-
nated) and inserting ‘‘and (iii)’’, 
(iv) by striking subclause (IV) of subpara-
graph (A)(iv) (as so redesignated), by striking 
‘‘, and’’ at the end of subparagraph (A)(iv)(III) 
(as so redesignated) and inserting a period, and 
by adding ‘‘and’’ at the end of subparagraph 
(A)(iv)(II) (as so redesignated), 
(v) by striking ‘‘(A)(vi)’’ in subparagraph 
(B) and inserting ‘‘(A)(v)’’, and 
(vi) by striking ‘‘(A)(iv)(II)’’ in subpara-
graph (B)(i)(II) and inserting ‘‘(A)(iii)(II)’’, 
(B) by striking ‘‘, and the gross receipts of 
the predecessor,’’ in subparagraph (A)(iv)(II) 
(as so redesignated), 
(C) by striking ‘‘, and the gross receipts 
of,’’ in subparagraph (B), 
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(D) by striking ‘‘, or gross receipts of,’’ in 
subparagraph (B)(i)(I), and 
(E) by striking subparagraph (C). 
(4) Section 45C(b)(1) of such Code is amended 
by striking subparagraph (D). 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply to taxable years beginning after Decem-
ber 31, 2013. 
(2) SUBSECTION (b).—The amendment made 
by subsection (b) shall apply to amounts paid or in-
curred after December 31, 2013. 
SEC. 303. PAYGO SCORECARD. 
(a) PAYGO SCORECARD.—The budgetary effects of 
this title shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of the Statutory Pay- 
As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARD.—The budgetary ef-
fects of this title shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. 
Con. Res. 21 (110th Congress). 
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TITLE IV—AMERICA’S SMALL 
BUSINESS TAX RELIEF 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘America’s Small Busi-
ness Tax Relief Act of 2014’’. 
SEC. 402. EXPENSING CERTAIN DEPRECIABLE BUSINESS 
ASSETS FOR SMALL BUSINESS. 
(a) IN GENERAL.— 
(1) DOLLAR
LIMITATION.—Paragraph (1) of 
section 179(b) of the Internal Revenue Code of 1986 
is amended by striking ‘‘shall not exceed—’’ and all 
that follows and inserting ‘‘shall not exceed 
$500,000.’’. 
(2) REDUCTION
IN
LIMITATION.—Paragraph 
(2) of section 179(b) of such Code is amended by 
striking ‘‘exceeds—’’ and all that follows and insert-
ing ‘‘exceeds $2,000,000.’’. 
(b) COMPUTER SOFTWARE.—Clause (ii) of section 
179(d)(1)(A) of such Code is amended by striking ‘‘, to 
which section 167 applies, and which is placed in service 
in a taxable year beginning after 2002 and before 2014’’ 
and inserting ‘‘and to which section 167 applies’’. 
(c) ELECTION.—Paragraph (2) of section 179(c) of 
such Code is amended— 
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(1) by striking ‘‘may not be revoked’’ and all 
that follows through ‘‘and before 2014’’, and 
(2) by striking ‘‘IRREVOCABLE’’ in the heading 
thereof. 
(d) AIR CONDITIONING
AND HEATING UNITS.— 
Paragraph (1) of section 179(d) of such Code is amended 
by striking ‘‘and shall not include air conditioning or heat-
ing units’’. 
(e) QUALIFIED REAL PROPERTY.—Subsection (f) of 
section 179 of such Code is amended— 
(1) by striking ‘‘beginning in 2010, 2011, 2012, 
or 2013’’ in paragraph (1), and 
(2) by striking paragraphs (3) and (4). 
(f) INFLATION ADJUSTMENT.—Subsection (b) of sec-
tion 179 of such Code is amended by adding at the end 
the following new paragraph: 
‘‘(6) INFLATION ADJUSTMENT.— 
‘‘(A) IN
GENERAL.—In the case of any 
taxable year beginning after 2014, the dollar 
amounts in paragraphs (1) and (2) shall each 
be increased by an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for the cal-
endar year in which such taxable year be-
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gins, determined by substituting ‘calendar 
year 2013’ for ‘calendar year 1992’ in sub-
paragraph (B) thereof. 
‘‘(B) ROUNDING.—The amount of any in-
crease under subparagraph (A) shall be round-
ed to the nearest multiple of $10,000.’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2013. 
SEC. 403. BUDGETARY EFFECTS. 
(a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 
budgetary effects of this title shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of this title shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. 
Con. Res. 21 (110th Congress). 
TITLE V—S CORPORATION 
PERMANENT TAX RELIEF 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘S Corporation Perma-
nent Tax Relief Act of 2014’’. 
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SEC. 502. REDUCED RECOGNITION PERIOD FOR BUILT-IN 
GAINS OF S CORPORATIONS MADE PERMA-
NENT. 
(a) IN GENERAL.—Paragraph (7) of section 1374(d) 
of the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(7) RECOGNITION PERIOD.— 
‘‘(A) IN GENERAL.—The term ‘recognition 
period’ means the 5-year period beginning with 
the 1st day of the 1st taxable year for which 
the corporation was an S corporation. For pur-
poses of applying this section to any amount in-
cludible in income by reason of distributions to 
shareholders pursuant to section 593(e), the 
preceding sentence shall be applied without re-
gard to the phrase ‘5-year’. 
‘‘(B) INSTALLMENT SALES.—If an S cor-
poration sells an asset and reports the income 
from the sale using the installment method 
under section 453, the treatment of all pay-
ments received shall be governed by the provi-
sions of this paragraph applicable to the taxable 
year in which such sale was made.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years beginning after 
December 31, 2013. 
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SEC. 503. PERMANENT RULE REGARDING BASIS ADJUST-
MENT TO STOCK OF S CORPORATIONS MAK-
ING CHARITABLE CONTRIBUTIONS OF PROP-
ERTY. 
(a) IN GENERAL.—Section 1367(a)(2) of the Internal 
Revenue Code of 1986 is amended by striking the last sen-
tence. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to contributions made in taxable 
years beginning after December 31, 2013. 
SEC. 504. BUDGETARY EFFECTS. 
(a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 
budgetary effects of this title shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of this title shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. 
Con. Res. 21 (110th Congress). 
TITLE 
VI—BONUS 
DEPRECIA-
TION MODIFIED AND MADE 
PERMANENT 
SEC. 601. BONUS DEPRECIATION MODIFIED AND MADE 
PERMANENT. 
(a) MADE PERMANENT; INCLUSION OF QUALIFIED 
RETAIL IMPROVEMENT PROPERTY.—Section 168(k)(2) of 
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the Internal Revenue Code of 1986 is amended to read 
as follows: 
‘‘(2) QUALIFIED PROPERTY.—For purposes of 
this subsection— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
property’ means property— 
‘‘(i)(I) to which this section applies 
which has a recovery period of 20 years or 
less, 
‘‘(II) which is computer software (as 
defined in section 167(f)(1)(B)) for which 
a deduction is allowable under section 
167(a) without regard to this subsection, 
‘‘(III) which is water utility property, 
‘‘(IV) which is qualified leasehold im-
provement property, or 
‘‘(V) which is qualified retail improve-
ment property, and 
‘‘(ii) the original use of which com-
mences with the taxpayer. 
‘‘(B) EXCEPTION FOR ALTERNATIVE DE-
PRECIATION
PROPERTY.—The term ‘qualified 
property’ shall not include any property to 
which the alternative depreciation system under 
subsection (g) applies, determined— 
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‘‘(i) without regard to paragraph (7) 
of subsection (g) (relating to election to 
have system apply), and 
‘‘(ii) after application of section 
280F(b) (relating to listed property with 
limited business use). 
‘‘(C) SPECIAL RULES.— 
‘‘(i) 
SALE-LEASEBACKS.—For 
pur-
poses of clause (ii) and subparagraph 
(A)(ii), if property is— 
‘‘(I) originally placed in service 
by a person, and 
‘‘(II) sold and leased back by 
such person within 3 months after the 
date such property was originally 
placed in service, 
such property shall be treated as originally 
placed in service not earlier than the date 
on which such property is used under the 
leaseback referred to in subclause (II). 
‘‘(ii) SYNDICATION.—For purposes of 
subparagraph (A)(ii), if— 
‘‘(I) property is originally placed 
in service by the lessor of such prop-
erty, 
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‘‘(II) such property is sold by 
such lessor or any subsequent pur-
chaser within 3 months after the date 
such property was originally placed in 
service (or, in the case of multiple 
units of property subject to the same 
lease, within 3 months after the date 
the final unit is placed in service, so 
long as the period between the time 
the first unit is placed in service and 
the time the last unit is placed in 
service does not exceed 12 months), 
and 
‘‘(III) the user of such property 
after the last sale during such 3- 
month period remains the same as 
when such property was originally 
placed in service, 
such property shall be treated as originally 
placed in service not earlier than the date 
of such last sale. 
‘‘(D) 
COORDINATION
WITH
SECTION 
280F.—For purposes of section 280F— 
‘‘(i) AUTOMOBILES.—In the case of a 
passenger automobile (as defined in section 
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280F(d)(5)) which is qualified property, 
the Secretary shall increase the limitation 
under section 280F(a)(1)(A)(i) by $8,000. 
‘‘(ii) LISTED PROPERTY.—The deduc-
tion allowable under paragraph (1) shall be 
taken into account in computing any re-
capture amount under section 280F(b)(2). 
‘‘(iii) INFLATION
ADJUSTMENT.—In 
the case of any taxable year beginning in 
a calendar year after 2014, the $8,000 
amount in clause (i) shall be increased by 
an amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the automobile price infla-
tion adjustment determined under sec-
tion 280F(d)(7)(B)(i) for the calendar 
year in which such taxable year begins 
by substituting ‘2013’ for ‘1987’ in 
subclause (II) thereof. 
If any increase under the preceding sen-
tence is not a multiple of $100, such in-
crease shall be rounded to the nearest mul-
tiple of $100. 
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‘‘(E) DEDUCTION ALLOWED IN COMPUTING 
MINIMUM
TAX.—For purposes of determining 
alternative minimum taxable income under sec-
tion 55, the deduction under section 167 for 
qualified property shall be determined without 
regard to any adjustment under section 56.’’. 
(b) EXPANSION OF ELECTION TO ACCELERATE AMT 
CREDITS IN LIEU OF BONUS DEPRECIATION.—Section 
168(k)(4) of such Code is amended to read as follows: 
‘‘(4) ELECTION TO ACCELERATE AMT CREDITS 
IN LIEU OF BONUS DEPRECIATION.— 
‘‘(A) IN GENERAL.—If a corporation elects 
to have this paragraph apply for any taxable 
year— 
‘‘(i) paragraphs (1)(A), (2)(D)(i), and 
(5)(A)(i) shall not apply for such taxable 
year, 
‘‘(ii) the applicable depreciation meth-
od used under this section with respect to 
any qualified property shall be the straight 
line method, and 
‘‘(iii) the limitation imposed by section 
53(c) for such taxable year shall be in-
creased by the bonus depreciation amount 
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which is determined for such taxable year 
under subparagraph (B). 
‘‘(B) BONUS
DEPRECIATION
AMOUNT.— 
For purposes of this paragraph— 
‘‘(i) IN GENERAL.—The bonus depre-
ciation amount for any taxable year is an 
amount equal to 20 percent of the excess 
(if any) of— 
‘‘(I) the aggregate amount of de-
preciation which would be allowed 
under this section for qualified prop-
erty placed in service by the taxpayer 
during such taxable year if paragraph 
(1) applied to all such property, over 
‘‘(II) the aggregate amount of 
depreciation which would be allowed 
under this section for qualified prop-
erty placed in service by the taxpayer 
during such taxable year if paragraph 
(1) did not apply to any such prop-
erty. 
The aggregate amounts determined under 
subclauses (I) and (II) shall be determined 
without regard to any election made under 
subsection (b)(2)(D), (b)(3)(D), or (g)(7) 
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and 
without 
regard 
to 
subparagraph 
(A)(ii). 
‘‘(ii) LIMITATION.—The bonus depre-
ciation amount for any taxable year shall 
not exceed the lesser of— 
‘‘(I) 50 percent of the minimum 
tax credit under section 53(b) for the 
first taxable year ending after Decem-
ber 31, 2013, or 
‘‘(II) the minimum tax credit 
under section 53(b) for such taxable 
year determined by taking into ac-
count only the adjusted net minimum 
tax for taxable years ending before 
January 1, 2014 (determined by 
treating credits as allowed on a first- 
in, first-out basis). 
‘‘(iii) AGGREGATION RULE.—All cor-
porations which are treated as a single em-
ployer under section 52(a) shall be treat-
ed— 
‘‘(I) as 1 taxpayer for purposes 
of this paragraph, and 
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‘‘(II) as having elected the appli-
cation of this paragraph if any such 
corporation so elects. 
‘‘(C) CREDIT
REFUNDABLE.—For pur-
poses of section 6401(b), the aggregate increase 
in the credits allowable under part IV of sub-
chapter A for any taxable year resulting from 
the application of this paragraph shall be treat-
ed as allowed under subpart C of such part 
(and not any other subpart). 
‘‘(D) OTHER RULES.— 
‘‘(i) ELECTION.—Any election under 
this paragraph may be revoked only with 
the consent of the Secretary. 
‘‘(ii) PARTNERSHIPS WITH ELECTING 
PARTNERS.—In the case of a corporation 
which is a partner in a partnership and 
which makes an election under subpara-
graph (A) for the taxable year, for pur-
poses of determining such corporation’s 
distributive share of partnership items 
under section 702 for such taxable year— 
‘‘(I) 
paragraphs 
(1)(A), 
(2)(D)(i), and (5)(A)(i) shall not 
apply, and 
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‘‘(II) the applicable depreciation 
method used under this section with 
respect to any qualified property shall 
be the straight line method. 
‘‘(iii) CERTAIN
PARTNERSHIPS.—In 
the case of a partnership in which more 
than 50 percent of the capital and profits 
interests are owned (directly or indirectly) 
at all times during the taxable year by 1 
corporation (or by corporations treated as 
1 taxpayer under subparagraph (B)(iii)), 
each partner shall compute its bonus de-
preciation amount under clause (i) of sub-
paragraph (B) by taking into account its 
distributive share of the amounts deter-
mined by the partnership under subclauses 
(I) and (II) of such clause for the taxable 
year of the partnership ending with or 
within the taxable year of the partner.’’. 
(c) SPECIAL RULES FOR TREES AND VINES BEARING 
FRUITS
AND NUTS.—Section 168(k) of such Code is 
amended— 
(1) by striking paragraph (5), and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
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‘‘(5) SPECIAL RULES FOR TREES AND VINES 
BEARING FRUITS AND NUTS.— 
‘‘(A) IN
GENERAL.—In the case of any 
tree or vine bearing fruits or nuts which is 
planted, or is grafted to a plant that has al-
ready been planted, by the taxpayer in the ordi-
nary course of the taxpayer’s farming business 
(as defined in section 263A(e)(4))— 
‘‘(i) a depreciation deduction equal to 
50 percent of the adjusted basis of such 
tree or vine shall be allowed under section 
167(a) for the taxable year in which such 
tree or vine is so planted or grafted, and 
‘‘(ii) the adjusted basis of such tree or 
vine shall be reduced by the amount of 
such deduction. 
‘‘(B) ELECTION
OUT.—If a taxpayer 
makes an election under this subparagraph for 
any taxable year, this paragraph shall not apply 
to any tree or vine planted or grafted during 
such taxable year. An election under this sub-
paragraph may be revoked only with the con-
sent of the Secretary. 
‘‘(C) ADDITIONAL DEPRECIATION MAY BE 
CLAIMED ONLY ONCE.—If this paragraph ap-
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plies to any tree or vine, such tree or vine shall 
not be treated as qualified property in the tax-
able year in which placed in service. 
‘‘(D) COORDINATION WITH ELECTION TO 
ACCELERATE AMT CREDITS.—If a corporation 
makes an election under paragraph (4) for any 
taxable year, the amount under paragraph 
(4)(B)(i)(I) for such taxable year shall be in-
creased by the amount determined under sub-
paragraph (A)(i) for such taxable year. 
‘‘(E) DEDUCTION ALLOWED IN COMPUTING 
MINIMUM TAX.—Rules similar to the rules of 
paragraph (2)(E) shall apply for purposes of 
this paragraph.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 168(e)(8) of such Code is amended 
by striking subparagraph (D). 
(2) Section 168(k) of such Code is amended by 
adding at the end the following new paragraph: 
‘‘(6) ELECTION OUT.—If a taxpayer makes an 
election under this paragraph with respect to any 
class of property for any taxable year, this sub-
section shall not apply to all property in such class 
placed in service (or, in the case of paragraph (5), 
planted or grafted) during such taxable year. An 
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election under this paragraph may be revoked only 
with the consent of the Secretary.’’. 
(3) Section 168(l)(5) of such Code is amended 
by striking ‘‘section 168(k)(2)(G)’’ and inserting 
‘‘section 168(k)(2)(E)’’. 
(4) Section 263A(c) of such Code is amended 
by adding at the end the following new paragraph: 
‘‘(7) 
COORDINATION
WITH
SECTION 
168(k)(5).—This section shall not apply to any 
amount allowable as a deduction by reason of section 
168(k)(5) (relating to special rules for trees and 
vines bearing fruits and nuts).’’. 
(5) Section 460(c)(6)(B) of such Code is 
amended by striking ‘‘which—’’ and all that follows 
and inserting ‘‘which has a recovery period of 7 
years or less.’’. 
(6) Section 168(k) of such Code is amended by 
striking ‘‘ACQUIRED AFTER DECEMBER 31, 2007, 
AND BEFORE JANUARY 1, 2014’’ in the heading 
thereof. 
(e) EFFECTIVE DATES.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to property placed in service 
after December 31, 2013. 
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(2) EXPANSION OF ELECTION TO ACCELERATE 
AMT CREDITS IN LIEU OF BONUS DEPRECIATION.— 
(A) IN GENERAL.—The amendment made 
by subsection (b) (other than so much of such 
amendment 
as 
relates 
to 
section 
168(k)(4)(D)(iii) of such Code, as added by 
such amendment) shall apply to taxable years 
ending after December 31, 2013. 
(B) TRANSITIONAL RULE.—In the case of 
a taxable year beginning before January 1, 
2014, and ending after December 31, 2013, the 
bonus depreciation amount determined under 
section 168(k)(4) of such Code for such year 
shall be the sum of— 
(i) such amount determined without 
regard to the amendments made by this 
section and— 
(I) by taking into account only 
property placed in service before Jan-
uary 1, 2014, and 
(II) by multiplying the limitation 
under section 168(k)(4)(C)(ii) of such 
Code (determined without regard to 
the amendments made by this section) 
by a fraction the numerator of which 
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is the number of days in the taxable 
year before January 1, 2014, and the 
denominator of which is the number 
of days in the taxable year, and 
(ii) such amount determined after 
taking into account the amendments made 
by this section and— 
(I) by taking into account only 
property placed in service after De-
cember 31, 2013, and 
(II) by multiplying the limitation 
under section 168(k)(4)(B)(ii) of such 
Code (as amended by this section) by 
a fraction the numerator of which is 
the number of days in the taxable 
year after December 31, 2013, and 
the denominator of which is the num-
ber of days in the taxable year. 
(3) SPECIAL RULES FOR CERTAIN TREES AND 
VINES.—The amendment made by subsection (c)(2) 
shall apply to trees and vines planted or grafted 
after December 31, 2013. 
SEC. 602. BUDGETARY EFFECTS. 
(a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 
budgetary effects of this title shall not be entered on either 
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PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of this title shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. 
Con. Res. 21 (110th Congress). 
TITLE VII—REPEAL OF MEDICAL 
DEVICE EXCISE TAX 
SEC. 701. REPEAL OF MEDICAL DEVICE EXCISE TAX. 
(a) IN GENERAL.—Chapter 32 of the Internal Rev-
enue Code of 1986 is amended by striking subchapter E. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (a) of section 4221 of such Code 
is amended by striking the last sentence. 
(2) Paragraph (2) of section 6416(b) of such 
Code is amended by striking the last sentence. 
(3) The table of subchapters for chapter 32 of 
such Code is amended by striking the item relating 
to subchapter E. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to sales after December 31, 2012. 
SEC. 702. BUDGETARY EFFECTS. 
(a) STATUTORY PAY-AS-YOU-GO SCORECARDS.—The 
budgetary effects of this title shall not be entered on either 
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PAYGO scorecard maintained pursuant to section 4(d) of 
the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary 
effects of this title shall not be entered on any PAYGO 
scorecard maintained for purposes of section 201 of S. 
Con. Res. 21 (110th Congress). 
DIVISION II—FINANCIAL 
SERVICES 
TITLE I—SMALL BUSINESS CAP-
ITAL ACCESS AND JOB PRES-
ERVATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Small Business Cap-
ital Access and Job Preservation Act’’. 
SEC. 102. REGISTRATION AND REPORTING EXEMPTIONS 
RELATING TO PRIVATE EQUITY FUNDS ADVI-
SORS. 
Section 203 of the Investment Advisers Act of 1940 
(15 U.S.C. 80b–3) is amended by adding at the end the 
following: 
‘‘(o) EXEMPTION
OF
AND REPORTING REQUIRE-
MENTS BY PRIVATE EQUITY FUNDS ADVISORS.— 
‘‘(1) IN GENERAL.—Except as provided in this 
subsection, no investment adviser shall be subject to 
the registration or reporting requirements of this 
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title with respect to the provision of investment ad-
vice relating to a private equity fund or funds, pro-
vided that each such fund has not borrowed and 
does not have outstanding a principal amount in ex-
cess of twice its invested capital commitments. 
‘‘(2) MAINTENANCE OF RECORDS AND ACCESS 
BY COMMISSION.—Not later than 6 months after the 
date of enactment of this subsection, the Commis-
sion shall issue final rules— 
‘‘(A) to require investment advisers de-
scribed in paragraph (1) to maintain such 
records and provide to the Commission such an-
nual or other reports as the Commission may 
require taking into account fund size, govern-
ance, investment strategy, risk, and other fac-
tors, as the Commission determines necessary 
and appropriate in the public interest and for 
the protection of investors; and 
‘‘(B) to define the term ‘private equity 
fund’ for purposes of this subsection.’’. 
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TITLE 
II—SMALL 
BUSINESS 
MERGERS, 
ACQUISITIONS, 
SALES, AND BROKERAGE SIM-
PLIFICATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Small Business Merg-
ers, Acquisitions, Sales, and Brokerage Simplification Act 
of 2014’’. 
SEC. 202. REGISTRATION EXEMPTION FOR MERGER AND 
ACQUISITION BROKERS. 
Section 15(b) of the Securities Exchange Act of 1934 
(15 U.S.C. 78o(b)) is amended by adding at the end the 
following: 
‘‘(13) REGISTRATION EXEMPTION FOR MERGER 
AND ACQUISITION BROKERS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an M&A broker shall be ex-
empt from registration under this section. 
‘‘(B) EXCLUDED
ACTIVITIES.—An M&A 
broker is not exempt from registration under 
this paragraph if such broker does any of the 
following: 
‘‘(i) Directly or indirectly, in connec-
tion with the transfer of ownership of an 
eligible privately held company, receives, 
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holds, transmits, or has custody of the 
funds or securities to be exchanged by the 
parties to the transaction. 
‘‘(ii) Engages on behalf of an issuer in 
a public offering of any class of securities 
that is registered, or is required to be reg-
istered, with the Commission under section 
12 or with respect to which the issuer files, 
or is required to file, periodic information, 
documents, and reports under subsection 
(d). 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit 
any other authority of the Commission to ex-
empt any person, or any class of persons, from 
any provision of this title, or from any provision 
of any rule or regulation thereunder. 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) CONTROL.—The term ‘control’ 
means the power, directly or indirectly, to 
direct the management or policies of a 
company, whether through ownership of 
securities, by contract, or otherwise. There 
is a presumption of control for any person 
who— 
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‘‘(I) is a director, general part-
ner, member or manager of a limited 
liability company, or officer exercising 
executive responsibility (or has similar 
status or functions); 
‘‘(II) has the right to vote 20 
percent or more of a class of voting 
securities or the power to sell or direct 
the sale of 20 percent or more of a 
class of voting securities; or 
‘‘(III) in the case of a partner-
ship or limited liability company, has 
the right to receive upon dissolution, 
or has contributed, 20 percent or 
more of the capital. 
‘‘(ii) 
ELIGIBLE
PRIVATELY
HELD 
COMPANY.—The term ‘eligible privately 
held company’ means a company that 
meets both of the following conditions: 
‘‘(I) The company does not have 
any class of securities registered, or 
required to be registered, with the 
Commission under section 12 or with 
respect to which the company files, or 
is required to file, periodic informa-
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tion, documents, and reports under 
subsection (d). 
‘‘(II) In the fiscal year ending 
immediately before the fiscal year in 
which the services of the M&A broker 
are initially engaged with respect to 
the securities transaction, the com-
pany meets either or both of the fol-
lowing conditions (determined in ac-
cordance with the historical financial 
accounting records of the company): 
‘‘(aa) The earnings of the 
company before interest, taxes, 
depreciation, and amortization 
are less than $25,000,000. 
‘‘(bb) The gross revenues of 
the 
company 
are 
less 
than 
$250,000,000. 
‘‘(iii) M&A BROKER.—The term ‘M&A 
broker’ means a broker, and any person 
associated with a broker, engaged in the 
business of effecting securities transactions 
solely in connection with the transfer of 
ownership of an eligible privately held com-
pany, regardless of whether the broker acts 
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on behalf of a seller or buyer, through the 
purchase, sale, exchange, issuance, repur-
chase, or redemption of, or a business com-
bination involving, securities or assets of 
the eligible privately held company, if the 
broker reasonably believes that— 
‘‘(I) upon consummation of the 
transaction, any person acquiring se-
curities or assets of the eligible pri-
vately held company, acting alone or 
in concert, will control and, directly or 
indirectly, will be active in the man-
agement of the eligible privately held 
company or the business conducted 
with the assets of the eligible privately 
held company; and 
‘‘(II) if any person is offered se-
curities in exchange for securities or 
assets of the eligible privately held 
company, such person will, prior to 
becoming legally bound to consum-
mate the transaction, receive or have 
reasonable access to the most recent 
year-end balance sheet, income state-
ment, statement of changes in finan-
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cial position, and statement of owner’s 
equity of the issuer of the securities 
offered in exchange, and, if the finan-
cial statements of the issuer are au-
dited, the related report of the inde-
pendent auditor, a balance sheet 
dated not more than 120 days before 
the date of the offer, and information 
pertaining to the management, busi-
ness, results of operations for the pe-
riod covered by the foregoing financial 
statements, and material loss contin-
gencies of the issuer. 
‘‘(E) INFLATION ADJUSTMENT.— 
‘‘(i) IN GENERAL.—On the date that 
is 5 years after the date of the enactment 
of the Small Business Mergers, Acquisi-
tions, Sales, and Brokerage Simplification 
Act of 2014, and every 5 years thereafter, 
each 
dollar 
amount 
in 
subparagraph 
(D)(ii)(II) shall be adjusted by— 
‘‘(I) dividing the annual value of 
the Employment Cost Index For 
Wages and Salaries, Private Industry 
Workers (or any successor index), as 
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published by the Bureau of Labor 
Statistics, for the calendar year pre-
ceding the calendar year in which the 
adjustment is being made by the an-
nual value of such index (or suc-
cessor) for the calendar year ending 
December 31, 2012; and 
‘‘(II) multiplying such dollar 
amount by the quotient obtained 
under subclause (I). 
‘‘(ii) 
ROUNDING.—Each 
dollar 
amount determined under clause (i) shall 
be rounded to the nearest multiple of 
$100,000.’’. 
SEC. 203. EFFECTIVE DATE. 
This title and any amendment made by this title shall 
take effect on the date that is 90 days after the date of 
the enactment of this Act. 
DIVISION III—OVERSIGHT 
SUBDIVISION 
A—UNFUNDED 
MANDATES 
INFORMATION 
AND TRANSPARENCY 
SEC. 101. SHORT TITLE. 
This subdivision may be cited as the ‘‘Unfunded 
Mandates Information and Transparency Act of 2014’’. 
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SEC. 102. PURPOSE. 
The purpose of this title is— 
(1) to improve the quality of the deliberations 
of Congress with respect to proposed Federal man-
dates by— 
(A) providing Congress and the public with 
more complete information about the effects of 
such mandates; and 
(B) ensuring that Congress acts on such 
mandates only after focused deliberation on 
their effects; and 
(2) to enhance the ability of Congress and the 
public to identify Federal mandates that may impose 
undue harm on consumers, workers, employers, 
small businesses, and State, local, and tribal govern-
ments. 
SEC. 103. PROVIDING FOR CONGRESSIONAL BUDGET OF-
FICE 
STUDIES 
ON 
POLICIES 
INVOLVING 
CHANGES IN CONDITIONS OF GRANT AID. 
Section 202(g) of the Congressional Budget Act of 
1974 (2 U.S.C. 602(g)) is amended by adding at the end 
the following new paragraph: 
‘‘(3) ADDITIONAL STUDIES.—At the request of 
any Chairman or ranking member of the minority of 
a Committee of the Senate or the House of Rep-
resentatives, the Director shall conduct an assess-
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ment comparing the authorized level of funding in a 
bill or resolution to the prospective costs of carrying 
out any changes to a condition of Federal assistance 
being imposed on State, local, or tribal governments 
participating in the Federal assistance program con-
cerned or, in the case of a bill or joint resolution 
that authorizes such sums as are necessary, an as-
sessment of an estimated level of funding compared 
to such costs.’’. 
SEC. 104. CLARIFYING THE DEFINITION OF DIRECT COSTS 
TO REFLECT CONGRESSIONAL BUDGET OF-
FICE PRACTICE. 
Section 421(3) of the Congressional Budget Act of 
1974 (2 U.S.C. 658(3)(A)(i)) is amended— 
(1) in subparagraph (A)(i), by inserting ‘‘incur 
or’’ before ‘‘be required’’; and 
(2) in subparagraph (B), by inserting after ‘‘to 
spend’’ the following: ‘‘or could forgo in profits, in-
cluding costs passed on to consumers or other enti-
ties taking into account, to the extent practicable, 
behavioral changes,’’. 
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SEC. 105. EXPANDING THE SCOPE OF REPORTING RE-
QUIREMENTS TO INCLUDE REGULATIONS IM-
POSED 
BY 
INDEPENDENT 
REGULATORY 
AGENCIES. 
Paragraph (1) of section 421 of the Congressional 
Budget Act of 1974 (2 U.S.C. 658) is amended by striking 
‘‘, but does not include independent regulatory agencies’’ 
and inserting ‘‘, except it does not include the Board of 
Governors of the Federal Reserve System or the Federal 
Open Market Committee’’. 
SEC. 106. AMENDMENTS TO REPLACE OFFICE OF MANAGE-
MENT AND BUDGET WITH OFFICE OF INFOR-
MATION AND REGULATORY AFFAIRS. 
The Unfunded Mandates Reform Act of 1995 (Public 
Law 104–4; 2 U.S.C. 1511 et seq.) is amended— 
(1) in section 103(c) (2 U.S.C. 1511(c))— 
(A) in the subsection heading, by striking 
‘‘OFFICE OF MANAGEMENT AND BUDGET’’ and 
inserting ‘‘OFFICE OF INFORMATION AND REG-
ULATORY AFFAIRS’’; and 
(B) by striking ‘‘Director of the Office of 
Management and Budget’’ and inserting ‘‘Ad-
ministrator of the Office of Information and 
Regulatory Affairs’’; 
(2) in section 205(c) (2 U.S.C. 1535(c))— 
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(A) in the subsection heading, by striking 
‘‘OMB’’; and 
(B) by striking ‘‘Director of the Office of 
Management and Budget’’ and inserting ‘‘Ad-
ministrator of the Office of Information and 
Regulatory Affairs’’; and 
(3) in section 206 (2 U.S.C. 1536), by striking 
‘‘Director of the Office of Management and Budget’’ 
and inserting ‘‘Administrator of the Office of Infor-
mation and Regulatory Affairs’’. 
SEC. 107. APPLYING SUBSTANTIVE POINT OF ORDER TO 
PRIVATE SECTOR MANDATES. 
Section 425(a)(2) of the Congressional Budget Act 
of 1974 (2 U.S.C. 658d(a)(2)) is amended— 
(1) by striking ‘‘Federal intergovernmental 
mandates’’ and inserting ‘‘Federal mandates’’; and 
(2) by inserting ‘‘or 424(b)(1)’’ after ‘‘section 
424(a)(1)’’. 
SEC. 108. REGULATORY PROCESS AND PRINCIPLES. 
Section 201 of the Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1531) is amended to read as follows: 
‘‘SEC. 201. REGULATORY PROCESS AND PRINCIPLES. 
‘‘(a) IN GENERAL.—Each agency shall, unless other-
wise expressly prohibited by law, assess the effects of Fed-
eral regulatory actions on State, local, and tribal govern-
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ments and the private sector (other than to the extent that 
such regulatory actions incorporate requirements specifi-
cally set forth in law) in accordance with the following 
principles: 
‘‘(1) Each agency shall identify the problem 
that it intends to address (including, if applicable, 
the failures of private markets or public institutions 
that warrant new agency action) as well as assess 
the significance of that problem. 
‘‘(2) Each agency shall examine whether exist-
ing regulations (or other law) have created, or con-
tributed to, the problem that a new regulation is in-
tended to correct and whether those regulations (or 
other law) should be modified to achieve the in-
tended goal of regulation more effectively. 
‘‘(3) Each agency shall identify and assess 
available alternatives to direct regulation, including 
providing economic incentives to encourage the de-
sired behavior, such as user fees or marketable per-
mits, or providing information upon which choices 
can be made by the public. 
‘‘(4) If an agency determines that a regulation 
is the best available method of achieving the regu-
latory objective, it shall design its regulations in the 
most cost-effective manner to achieve the regulatory 
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objective. In doing so, each agency shall consider in-
centives for innovation, consistency, predictability, 
the costs of enforcement and compliance (to the gov-
ernment, regulated entities, and the public), flexi-
bility, distributive impacts, and equity. 
‘‘(5) Each agency shall assess both the costs 
and the benefits of the intended regulation and, rec-
ognizing that some costs and benefits are difficult to 
quantify, propose or adopt a regulation, unless ex-
pressly prohibited by law, only upon a reasoned de-
termination that the benefits of the intended regula-
tion justify its costs. 
‘‘(6) Each agency shall base its decisions on the 
best reasonably obtainable scientific, technical, eco-
nomic, and other information concerning the need 
for, and consequences of, the intended regulation. 
‘‘(7) Each agency shall identify and assess al-
ternative forms of regulation and shall, to the extent 
feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance 
that regulated entities must adopt. 
‘‘(8) Each agency shall avoid regulations that 
are inconsistent, incompatible, or duplicative with its 
other regulations or those of other Federal agencies. 
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‘‘(9) Each agency shall tailor its regulations to 
minimize the costs of the cumulative impact of regu-
lations. 
‘‘(10) Each agency shall draft its regulations to 
be simple and easy to understand, with the goal of 
minimizing the potential for uncertainty and litiga-
tion arising from such uncertainty. 
‘‘(b) REGULATORY ACTION DEFINED.—In this sec-
tion, the term ‘regulatory action’ means any substantive 
action by an agency (normally published in the Federal 
Register) that promulgates or is expected to lead to the 
promulgation of a final rule or regulation, including ad-
vance notices of proposed rulemaking and notices of pro-
posed rulemaking.’’. 
SEC. 109. EXPANDING THE SCOPE OF STATEMENTS TO AC-
COMPANY SIGNIFICANT REGULATORY AC-
TIONS. 
(a) IN GENERAL.—Subsection (a) of section 202 of 
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1532) is amended to read as follows: 
‘‘(a) IN GENERAL.—Unless otherwise expressly pro-
hibited by law, before promulgating any general notice of 
proposed rulemaking or any final rule, or within six 
months after promulgating any final rule that was not pre-
ceded by a general notice of proposed rulemaking, if the 
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proposed rulemaking or final rule includes a Federal man-
date that may result in an annual effect on State, local, 
or tribal governments, or to the private sector, in the ag-
gregate of $100,000,000 or more in any 1 year, the agency 
shall prepare a written statement containing the following: 
‘‘(1) The text of the draft proposed rulemaking 
or final rule, together with a reasonably detailed de-
scription of the need for the proposed rulemaking or 
final rule and an explanation of how the proposed 
rulemaking or final rule will meet that need. 
‘‘(2) An assessment of the potential costs and 
benefits of the proposed rulemaking or final rule, in-
cluding an explanation of the manner in which the 
proposed rulemaking or final rule is consistent with 
a statutory requirement and avoids undue inter-
ference with State, local, and tribal governments in 
the exercise of their governmental functions. 
‘‘(3) A qualitative and quantitative assessment, 
including the underlying analysis, of benefits antici-
pated from the proposed rulemaking or final rule 
(such as the promotion of the efficient functioning of 
the economy and private markets, the enhancement 
of health and safety, the protection of the natural 
environment, and the elimination or reduction of dis-
crimination or bias). 
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‘‘(4) A qualitative and quantitative assessment, 
including the underlying analysis, of costs antici-
pated from the proposed rulemaking or final rule 
(such as the direct costs both to the Government in 
administering the final rule and to businesses and 
others in complying with the final rule, and any ad-
verse effects on the efficient functioning of the econ-
omy, private markets (including productivity, em-
ployment, and international competitiveness), health, 
safety, and the natural environment). 
‘‘(5) Estimates by the agency, if and to the ex-
tent that the agency determines that accurate esti-
mates are reasonably feasible, of— 
‘‘(A) the future compliance costs of the 
Federal mandate; and 
‘‘(B) any disproportionate budgetary ef-
fects of the Federal mandate upon any par-
ticular regions of the Nation or particular 
State, local, or tribal governments, urban or 
rural or other types of communities, or par-
ticular segments of the private sector. 
‘‘(6)(A) A detailed description of the extent of 
the agency’s prior consultation with the private sec-
tor and elected representatives (under section 204) 
of the affected State, local, and tribal governments. 
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‘‘(B) A detailed summary of the comments and 
concerns that were presented by the private sector 
and State, local, or tribal governments either orally 
or in writing to the agency. 
‘‘(C) A detailed summary of the agency’s eval-
uation of those comments and concerns. 
‘‘(7) A detailed summary of how the agency 
complied with each of the regulatory principles de-
scribed in section 201.’’. 
(b) REQUIREMENT FOR DETAILED SUMMARY.—Sub-
section (b) of section 202 of such Act is amended by in-
serting ‘‘detailed’’ before ‘‘summary’’. 
SEC. 110. ENHANCED STAKEHOLDER CONSULTATION. 
Section 204 of the Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1534) is amended— 
(1) in the section heading, by inserting ‘‘AND 
PRIVATE SECTOR’’ before ‘‘INPUT’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘, and impacted parties 
within the private sector (including small busi-
ness),’’ after ‘‘on their behalf)’’; 
(B) by striking ‘‘Federal intergovernmental 
mandates’’ and inserting ‘‘Federal mandates’’; 
and 
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(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) GUIDELINES.—For appropriate implementation 
of subsections (a) and (b) consistent with applicable laws 
and regulations, the following guidelines shall be followed: 
‘‘(1) Consultations shall take place as early as 
possible, before issuance of a notice of proposed rule-
making, continue through the final rule stage, and 
be integrated explicitly into the rulemaking process. 
‘‘(2) Agencies shall consult with a wide variety 
of State, local, and tribal officials and impacted par-
ties within the private sector (including small busi-
nesses). Geographic, political, and other factors that 
may differentiate varying points of view should be 
considered. 
‘‘(3) Agencies should estimate benefits and 
costs to assist with these consultations. The scope of 
the consultation should reflect the cost and signifi-
cance of the Federal mandate being considered. 
‘‘(4) Agencies shall, to the extent practicable— 
‘‘(A) seek out the views of State, local, and 
tribal governments, and impacted parties within 
the private sector (including small business), on 
costs, benefits, and risks; and 
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