II 

Calendar No. 147 

112TH CONGRESS 

1ST SESSION S. 954 

[Report No. 112–67] 

To promote the strengthening of the Haitian private sector. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2011 

Mr. LUGAR (for himself, Mr. DURBIN, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported under authority of the order of the Senate of August 2, 2011, by 

Mr. KERRY, without amendment 

A BILL 

To promote the strengthening of the Haitian private sector. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Haitian-American En5 terprise Fund Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to promote the Haitian private sector, in2 cluding small businesses, the agricultural sector, and 

3 joint ventures with United States and Haitian par4 ticipants; and 

5 (2) to promote policies and practices conducive 

6 to the private sector in Haiti through loans, grants, 

7 equity investments, feasibility studies, technical as8 sistance, training, insurance, guarantees, and other 

9 measures. 

10 SEC. 3. HAITIAN-AMERICAN ENTERPRISE FUND. 

11 (a) DESIGNATION.—After consultation with the lead12 ership of each House of Congress, the President may des13 ignate a private, nonprofit organization, which has been 

14 established for the purposes specified in section 2 and 

15 which shall be known as the ‘‘Haitian-American Enter16 prise Fund’’, to receive financial assistance and support 

17 made available under this Act. 

18 (b) BOARD OF DIRECTORS.— 

19 (1) APPOINTMENT.—The Haitian-American 

20 Enterprise Fund shall be governed by a Board of 

21 Directors, which shall be comprised of 6 private citi22 zens of the United States or Haiti, appointed by the 

23 President, of which not more than 2 may be citizens 

24 of Haiti. 


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1 (2) QUALIFICATIONS.—Member of the Board of 

2 Directors shall be selected from among people who 

3 have had successful business careers in private eq4 uity, banking, or finance that is similar to the expe5 rience of individuals who previously served on the 

6 Board of Directors of a successful Enterprise Fund 

7 established by the United States Government on or 

8 after January 1, 1990. 

9 (3) ADDITIONAL BOARD MEMBERS.—Upon the 

10 recommendation of the Board of Directors, the 

11 President may appoint up to 2 additional members 

12 to the Board (in addition to the Directors appointed 

13 pursuant to paragraph (1)), of which not more than 

14 1 may be a citizen of Haiti. 

15 (c) GRANTS.— 

16 (1) IN GENERAL.—Amounts appropriated to 

17 the President pursuant to section 7 shall be granted 

18 to the Haitian-American Enterprise Fund by the 

19 United States Agency for International Development 

20 to enable the Fund to carry out the purposes speci21 fied in section 2 and for the administrative expenses 

22 of the Fund. 

23 (2) ELIGIBLE PROGRAMS AND PROJECTS.— 

24 Grants awarded under this section may only be used 


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1 for programs and projects that support the purposes 

2 set forth in section 2. 

3 (3) COMPLIANCE REQUIREMENT.— 

4 (A) IN GENERAL.—Grants may not be 

5 awarded to the Haitian-American Enterprise 

6 Fund under this section unless the Fund agrees 

7 to comply with the requirements under this sec8 tion. 

9 (B) GRANT AGREEMENT.—The grant 

10 agreement between the United States Agency 

11 for International Development (referred to in 

12 this section as ‘‘USAID’’) and the Haitian13 American Enterprise Fund shall state that the 

14 Fund shall end its reinvestment cycle not later 

15 than December 31, 2021, unless the USAID 

16 Administrator determines, after consultation 

17 with the appropriate congressional committees, 

18 that the Fund should be extended. 

19 (C) PREVENTION OF MONEY LAUNDERING

20 AND TERRORIST FINANCING.—The grant agree21 ment between USAID and the Haitian-Amer22 ican Enterprise Fund shall state that the Fund 

23 shall comply with procedures specified by the 

24 Secretary of State to ensure that grant funds 

25 are not provided by the Fund to or through— 


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1 (i) any individual, private or govern2 ment entity, or educational institution that 

3 advocates, plans, sponsors, engages in, or 

4 has engaged in, money laundering or ter5 rorist activity; or 

6 (ii) any private entity or educational 

7 institution if a principal officer of its gov8 erning board is— 

9 (I) involved in or advocating 

10 money laundering or terrorist activity; 

11 or 

12 (II) a member of a designated 

13 foreign terrorist organization. 

14 (D) DISPOSITION OF ASSETS.—All assets 

15 of the Haitian-American Enterprise Fund on 

16 the date on which the Fund is dissolved shall 

17 be returned to the Treasury of the United 

18 States for the purpose of deficit reduction. 

19 (d) NOTIFICATION.— 

20 (1) IN GENERAL.—Not later than 15 days be21 fore designating an organization to operate as the 

22 Haitian-American Enterprise Fund pursuant to sub23 section (a), the President shall provide the informa24 tion described in paragraph (2) to the Chairman and 


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1 Ranking Member of the appropriate congressional 

2 committees. 

3 (2) INFORMATION.—The information described 

4 in this paragraph is— 

5 (A) the identity of the organization to be 

6 designated to operate as the Haitian-American 

7 Enterprise Fund pursuant to subsection (a); 

8 (B) the names and qualifications of the in9 dividuals who will comprise the Initial Board; 

10 (C) the procedures referred to in sub11 section (c)(3)(C) that will apply to the Haitian12 American Enterprise Fund for purposes of cur13 tailing money laundering and terrorist financing 

14 activities; and 

15 (D) the size of the financial grant that 

16 shall be made available to the Haitian-American 

17 Enterprise Fund. 

18 (e) REPORTS.— 

19 (1) ADMINISTRATIVE EXPENSES.—Not later 

20 than 1 year after the date of the enactment of this 

21 Act, and annually thereafter until the Fund is dis22 solved, the Fund shall submit a report to the appro23 priate congressional committees that details the ad24 ministrative expenses of the Fund. 


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1 (2) GAO REPORT.—Not later than 3 years 

2 after the date of the enactment of this Act, and 

3 every 3 years thereafter until the Fund is dissolved, 

4 the Comptroller General of the United States shall 

5 submit a report to the appropriate congressional 

6 committees that assesses the activities of the Fund 

7 in— 

8 (A) achieving the stated goals of promoting 

9 private sector investment and employment in 

10 Haiti; and 

11 (B) identifying those institutional or regu12 latory constraints that inhibit a more effective 

13 application of Fund resources. 

14 (f) DEFINED TERM.—In this section, the term ‘‘ap15 propriate congressional committees’’ means— 

16 (1) the Committee on Foreign Relations of the 

17 Senate; 

18 (2) the Committee on Appropriations of the 

19 Senate; 

20 (3) the Committee on Foreign Affairs of the 

21 House of Representatives; and 

22 (4) the Committee on Appropriations of the 

23 House of Representatives. 


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1 SEC. 4. OPERATION PROVISIONS. 

2 (a) APPLICABLE PROVISIONS.—Subsections (d)(5), 

3 (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 

4 of the Support for East European Democracy (SEED) 

5 Act of 1989 (Public Law 101–179; 22 U.S.C. 5421) shall 

6 apply with respect to the Haitian-American Enterprise 

7 Fund in the same manner as such provisions apply to En8 terprise Funds designated pursuant to subsection (d) of 

9 such section. 

10 (b) REINVESTMENT.—Returns on investments of the 

11 Haitian-American Enterprise Fund and other payments to 

12 the Fund may be reinvested in projects carried out by the 

13 Fund without further appropriation by Congress. 

14 SEC. 5. BEST PRACTICES AND PROCEDURES. 

15 To the maximum extent practicable, the Board of Di16 rectors of the Haitian-American Enterprise Fund should 

17 adopt the best practices and procedures used by Enter18 prise Funds, including those for which funding has been 

19 made available pursuant to section 201 of the Support for 

20 East European Democracy (SEED) Act of 1989 (Public 

21 Law 101–179; 22 U.S.C. 5421). 

22 SEC. 6. EXPERIENCE OF OTHER ENTERPRISE FUNDS. 

23 In implementing this Act, the President shall ensure 

24 that the Articles of Incorporation of the Haitian-American 

25 Enterprise Fund (including provisions specifying the re26 sponsibilities of the Board of Directors of the Fund), the 


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1 terms of United States Government grant agreements 

2 with the Fund, and United States Government oversight 

3 of the Fund are, to the maximum extent practicable, con4 sistent with the Articles of Incorporation of, the terms of 

5 grant agreements with, and the oversight of the Enter6 prise Funds established pursuant to section 201 of the 

7 Support for East European Democracy (SEED) Act of 

8 1989 (22 U.S.C. 5421) and comparable provisions of law. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated to the President such sums as may be necessary 

12 to provide funding for grants to the Haitian-American En13 terprise Fund, which shall be used for the purposes speci14 fied in section 2. 

15 (b) AVAILABILITY OF FUNDS.—Amounts appro16 priated pursuant to subsection (a) shall remain available 

17 until expended. 

18 (c) NONAPPLICABILITY OF OTHER LAWS.—Notwith19 standing any other provision of law, amounts appropriated 

20 pursuant to subsection (a) may be used to carry out this 

21 Act. 


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Calendar No. 147 

112TH CONGRESS 

1ST SESSION S. 954 

[Report No. 112–67] 

A BILL 

To promote the strengthening of the Haitian 

private sector. 

AUGUST 30 (legislative day, AUGUST 2), 2011 

Reported without amendment 


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