PolicyBrief
H.R. 1081
119th CongressFeb 6th 2025
Preventing SBA Assistance from Going to China Act
IN COMMITTEE

This bill prohibits businesses with significant ties to the People's Republic of China from receiving assistance from the Small Business Administration.

Cory Mills
R

Cory Mills

Representative

FL-7

LEGISLATION

SBA Assistance Blocked for Businesses with Over 25% Chinese Ownership or Based in China

The "Preventing SBA Assistance from Going to China Act" directly changes who qualifies for Small Business Administration (SBA) help. The bill amends the Small Business Act, making businesses ineligible for SBA assistance if they're located in, incorporated in, or have more than 25% of their voting stock owned by entities or citizens of the People's Republic of China (PRC). The core goal is to keep SBA funds focused on businesses without significant ties to China.

Breaking Down the SBA China Ban

This bill is pretty straightforward: It sets clear lines on who can't get SBA assistance. Specifically, if your business is based in China, incorporated there, or if over a quarter of your voting stock is in the hands of PRC citizens or entities, you're out of luck. (SEC. 2). This could impact a range of businesses, from a tech startup with Chinese investors to a manufacturing company operating a subsidiary in China.

Real-World Ripple Effects

Let's say you run a small manufacturing firm, and 30% of your company's shares are owned by a Chinese investment firm. Under this new rule, you'd no longer be eligible for SBA loans or other assistance. Or imagine a U.S.-based tech company that has set up a subsidiary in China to tap into that market – that physical presence alone would disqualify them. The immediate effect is that companies with these kinds of ties to China will need to find funding and support elsewhere.

The Potential Roadblocks

One potential challenge is figuring out the real ownership behind some companies. Businesses could try to get around these rules with complicated ownership setups, making it tough to track who actually controls what. This might mean extra scrutiny for businesses with any international links, not just those in China. It's also going to be crucial for businesses to be super transparent about their ownership and operations to avoid accidentally crossing the line. The bill's long-term effectiveness will depend on how well these ownership structures can be monitored and enforced.