I 
117TH CONGRESS 
1ST SESSION H. R. 5614 
To amend the Better Utilization of Investments Leading to Development 
Act of 2018 to establish restrictions relating to the People’s Republic 
of China with respect to the provision of support under title II of 
that Act. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2021 
Mr. CLOUD introduced the following bill; which was referred to the Committee 
on Foreign Affairs 
A BILL 
To amend the Better Utilization of Investments Leading 
to Development Act of 2018 to establish restrictions 
relating to the People’s Republic of China with respect 
to the provision of support under title II of that Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. RESTRICTIONS RELATING TO THE PEOPLE’S 
REPUBLIC OF CHINA WITH RESPECT TO THE 
PROVISION OF SUPPORT UNDER TITLE II OF 
THE BETTER UTILIZATION OF INVESTMENTS 
LEADING TO DEVELOPMENT ACT OF 2018. 
(a) PURPOSE.—The purpose of this section and the 
amendments made by this section is to prevent the Peo-
ple’s Republic of China from being involved in financing 
or carrying out projects that would directly or indirectly 
benefit the People’s Republic of China. 
(b) IN GENERAL.—Title V of the Better Utilization 
of Investments Leading to Development Act of 2018 (22 
U.S.C. 9671 et seq.) is amended— 
(1) by redesignating section 1454 as section 
1455; and 
(2) by inserting after section 1453 the fol-
lowing: 
‘‘SEC. 1454. RESTRICTIONS RELATING TO THE PEOPLE’S RE-
PUBLIC OF CHINA WITH RESPECT TO THE 
PROVISION OF SUPPORT UNDER TITLE II. 
‘‘(a) IN GENERAL.—In providing support under title 
II, the Corporation may not— 
‘‘(1) accept or use funds or goods or services 
that are provided directly or indirectly by the Gov-
ernment of the People’s Republic of China or any 
covered Chinese entity; or 
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‘‘(2) provide support to any individual who ad-
vises, sits on the board of directors of, or has influ-
ence in decisions of, a covered Chinese entity or the 
Chinese Development Bank, the China ExIM Bank, 
Sinosure, China’s State Administration of Foreign 
Exchange (SAFE), or the China Investment Cor-
poration (CIC). 
‘‘(b) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Corporation shall re-
quire each entity receiving funds for projects sup-
ported by the Corporation under title II to certify, 
in good faith and in writing, that— 
‘‘(A) it will not use such funds in violation 
of the restrictions described in subsection (a); 
and 
‘‘(B) it will return any such funds to the 
Corporation if the Corporation determines that 
the entity is in violation of any such restric-
tions. 
‘‘(2) PENALTIES.—If the Corporation deter-
mines that a certification of an entity required by 
paragraph (1) is inaccurate, the entity shall be pro-
hibited from receiving any additional funds for 
projects supported by the Corporation under title II 
for a period of not less than 12 months, or until 
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such time as the entity provides assurances to the 
Corporation in writing that it will not submit a cer-
tification that is inaccurate in the future, whichever 
occurs earlier. If the Corporation determines that 
any subsequent certification of an entity required by 
paragraph (1) is inaccurate, the entity shall be pro-
hibited from receiving any additional funds for 
projects supported by the Corporation under title II 
for a period of not less than 24 months. 
‘‘(3) POLICIES
AND
PROCEDURES.—The Cor-
poration, in consultation with the appropriate con-
gressional committees, shall— 
‘‘(A) develop policies and procedures to im-
plement the requirements of this subsection; 
and 
‘‘(B) publish such policies and procedures 
on the Corporation’s website. 
‘‘(c) CONSIDERATION.—The Corporation and each 
entity receiving funds for projects supported by the Cor-
poration under title II shall, for purposes of meeting the 
requirements of this section, take into account the nature 
and extent to which the Government of the People’s Re-
public of China controls or otherwise influences covered 
Chinese entities. 
‘‘(d) DEFINITIONS.—In this subsection: 
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‘‘(1) COVERED
CHINESE
ENTITY.—The term 
‘covered Chinese entity’ means— 
‘‘(A) an entity that is organized under the 
laws of the People’s Republic of China or other-
wise subject to the jurisdiction of the Govern-
ment of the People’s Republic of China; 
‘‘(B) an entity that is controlled by or af-
filiated with another entity that is subject to 
the jurisdiction of the Government of the Peo-
ple’s Republic of China or a national of the 
People’s Republic of China, including an entity 
in which such other entity or national deter-
mines, directs, or decides for the entity impor-
tant matters with respect to the business oper-
ations of the entity; or 
‘‘(C) any other entity of the People’s Re-
public of China that the Corporation determines 
to be appropriate. 
‘‘(2) FUNDS.—The term ‘funds’ includes finan-
cial support, technical support, or other support.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
for the FAA Reauthorization Act of 2018 (49 U.S.C. 
40101 note) is amended by striking the item relating to 
section 1454 and inserting the following: 
‘‘Sec. 1454. Restrictions relating to the People’s Republic of China with respect 
to the provision of support under title II. 
‘‘Sec. 1455. Applicability of certain provisions of law.’’. 
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