I 

111TH CONGRESS 

2D SESSION H. R. 5394 

To provide for the establishment of an American Enterprise Fund for Haiti 

and to ensure effective oversight of United States Government earthquake 

recovery and redevelopment activities in Haiti. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2010 

Mr. MEEKS of New York (for himself, Ms. CLARKE, Mr. CLAY, Ms. MOORE

of Wisconsin, Mr. GUTIERREZ, Mr. RUSH, Mr. BUTTERFIELD, Ms. 

FUDGE, and Mr. WATT) introduced the following bill; which was referred 

to the Committee on Foreign Affairs 

A BILL 

To provide for the establishment of an American Enterprise 

Fund for Haiti and to ensure effective oversight of 

United States Government earthquake recovery and redevelopment activities in Haiti. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Haiti Private Sector Development Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—AMERICAN ENTERPRISE FUND FOR HAITI 

Sec. 101. Designation of fund. 

Sec. 102. Transfer of United States funds to Enterprise Fund; use of funds. 

Sec. 103. Administration of funds. 

Sec. 104. Audits, records, and reports. 

Sec. 105. Nonapplicability of other laws. 

Sec. 106. Authorization of appropriations. 

TITLE II—HAITI ASSISTANCE OVERSIGHT SUMMARY REPORTS 

Sec. 201. Annual summary reports. 

Sec. 202. Submission and availability of reports. 

Sec. 203. Treatment of sensitive material. 

Sec. 204. Definition. 

1 TITLE I—AMERICAN 

2 ENTERPRISE FUND FOR HAITI 

3 SEC. 101. DESIGNATION OF FUND. 

4 (a) IN GENERAL.—The President is authorized to 

5 designate as eligible to receive funds and support under 

6 this title not more than 1 private, nonprofit organization 

7 that the President determines has been established to 

8 carry out the activities described in section 102. Such or9 ganization shall be known as the American Enterprise 

10 Fund for Haiti (in this title referred to as the ‘‘Enterprise 

11 Fund’’). 

12 (b) CONSULTATION WITH CONGRESS.—Before desig13 nating an organization under subsection (a), the President 

14 shall consult with— 

15 (1) the majority leader and the minority leader 

16 of the Senate; and 

17 (2) the Speaker and the minority leader of the 

18 House of Representatives. 


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1 (c) BOARD OF DIRECTORS.— 

2 (1) IN GENERAL.—The Enterprise Fund shall 

3 be governed by a board of directors composed of pri4 vate citizens of the United States and private citi5 zens of Haiti who— 

6 (A) have had successful business careers in 

7 private equity, banking, or finance in developing 

8 economies; or 

9 (B) have experience similar to that of indi10 viduals who served on the board of directors of 

11 a fund similar to the Enterprise Fund that— 

12 (i) was established by the United 

13 States Government on or after January 1, 

14 1990; and 

15 (ii) earned a positive return on the 

16 funds under its control. 

17 (2) MAJORITY OF UNITED STATES CITIZENS.— 

18 A majority of the board of directors of the Enter19 prise Fund shall be United States citizens. 

20 (3) RESPECT FOR DEMOCRACY AND FREE MAR21 KET.—Only Haitian citizens who demonstrate re22 spect for democracy and a free-market economy may 

23 serve as members of the board of directors of the 

24 Enterprise Fund. 


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1 (d) PRIVATE CHARACTER OF ENTERPRISE FUND.— 

2 Nothing in this title shall be construed to make the Enter3 prise Fund an agency or establishment of the United 

4 States Government, or to make the officers, employees, or 

5 members of the board of directors of the Enterprise Fund 

6 officers or employees of the United States for purposes 

7 of title 5, United States Code. 

8 (e) ELIGIBILITY OF ENTERPRISE FUND TO RECEIVE

9 UNITED STATES FUNDS.—A transfer of funds may be 

10 made to the Enterprise Fund under section 102(a) only 

11 if the Enterprise Fund agrees to comply with the require12 ments of this title. 

13 SEC. 102. TRANSFER OF UNITED STATES FUNDS TO ENTER14 PRISE FUND; USE OF FUNDS. 

15 (a) TRANSFERS TO ENTERPRISE FUND.—From 

16 amounts made available under section 106, the Secretary 

17 of the Treasury may transfer not more than $100,000,000 

18 to the Enterprise Fund for the Enterprise Fund to carry 

19 out the activities described in this section and for the ad20 ministrative expenses of the Enterprise Fund. 

21 (b) AUTHORIZED ACTIVITIES.— 

22 (1) IN GENERAL.—The Enterprise Fund may 

23 provide assistance only for programs and projects 

24 that will promote— 


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1 (A) development of the Haitian private sec2 tor, including microbusinesses and small busi3 nesses, the agriculture, finance, energy, con4 struction, garment, and tourism industries, and 

5 joint ventures with United States and Haitian 

6 participants; and 

7 (B) policies and practices conducive to pri8 vate sector development in Haiti, through loans, 

9 equity investments, feasibility studies, grants, 

10 technical assistance, training, insurance, guar11 antees, and other measures. 

12 (2) PERCENTAGE OF FUNDS THAT MAY BE

13 USED FOR GRANTS.—Not more than 20 percent of 

14 the funds transferred to the Enterprise Fund under 

15 subsection (a) may be used for assistance in the 

16 form of grants. Assistance provided under paragraph 

17 (3)(D)(i) shall not be counted for purposes of the 

18 preceding sentence. 

19 (3) SPECIFIC ACTIVITIES.— 

20 (A) INDIGENOUS CREDIT BUREAUS.—The 

21 Enterprise Fund may make investments in and 

22 grants for and otherwise encourage the estab23 lishment of consumer credit bureaus in Haiti. 

24 (B) INFORMATION TECHNOLOGY INFRA25 STRUCTURE.—The Enterprise Fund may make 


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1 investments in and grants for projects providing 

2 the modern information technology infrastruc3 ture needed for the delivery and monitoring of 

4 services to economically vulnerable populations 

5 in Haiti. 

6 (C) MANAGEMENT AND TECHNICAL CAPAC7 ITY BUILDING.—The Enterprise Fund may 

8 make investments in and grants for projects 

9 providing management and technical capacity 

10 training and development, which may include 

11 training on effective management and govern12 ance for promoting private sector development. 

13 (D) AMERICA FOR HAITIAN PRIVATE SEC14 TOR DEVELOPMENT FOUNDATION.— 

15 (i) ESTABLISHMENT.—The Enterprise 

16 Fund may use not more than $5,000,000 

17 of the funds transferred to it under sub18 section (a) to establish and provide support 

19 for the America for Haitian Private Sector 

20 Development Foundation (in this title re21 ferred to as the ‘‘Foundation’’). 

22 (ii) ACTIVITIES OF FOUNDATION.— 

23 (I) RECRUITMENT.—The Foun24 dation shall develop programs to re25 cruit qualified individuals from the 


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1 United States, including the Haitian 

2 diaspora in the United States, to go 

3 to Haiti to provide technical expertise 

4 to the Haitian government to support 

5 public functions and to fill capacity 

6 gaps in the Haitian government, espe7 cially at Haitian government min8 istries that oversee the private sector 

9 and were disrupted by the earthquake 

10 that occurred on January 12, 2010. 

11 Such individuals may serve for short 

12 or extended periods of time, not to ex13 ceed 2 years, as necessary to meet the 

14 needs of the Haitian government. The 

15 Foundation shall pay such individuals 

16 such reasonable compensation for 

17 their services as the Foundation con18 siders necessary to attract a sufficient 

19 number of qualified individuals. 

20 (II) ACTIVITIES AFTER WINDING

21 DOWN OF ENTERPRISE FUND.—The 

22 Enterprise Fund shall ensure that the 

23 Foundation is in a position to con24 tinue supporting the development and 

25 good governance of the Haitian priVerDate Mar 15 2010 06:55 May 26, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5394.IH H5394

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1 vate sector after the Enterprise Fund 

2 is wound down and no longer receives 

3 funding from the United States Gov4 ernment. 

5 (c) FINANCIAL INSTRUMENTS FOR INDIVIDUAL IN6 VESTMENT IN HAITI.—The Enterprise Fund shall, if at 

7 all practicable, establish financial instruments that will en8 able individuals to invest in the Haitian private sector. 

9 (d) PRIORITY IN MAKING INVESTMENTS AND

10 GRANTS.—In making investments and grants under this 

11 section, the Enterprise Fund shall give priority to indus12 tries targeted by the Haitian government for economic re13 covery and growth. 

14 (e) MATTERS FOR CONSIDERATION IN CARRYING

15 OUT AUTHORIZED ACTIVITIES.—In carrying out activities 

16 under this title, the Enterprise Fund shall take into ac17 count such considerations as internationally recognized 

18 worker rights and other internationally recognized human 

19 rights, environmental factors, United States economic and 

20 employment effects, and the likelihood of commercial via21 bility of the activity receiving assistance from the Enter22 prise Fund. 

23 SEC. 103. ADMINISTRATION OF FUNDS. 

24 (a) RETENTION OF INVESTMENT EARNINGS.— 


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1 (1) RETENTION OF INTEREST.—The Enterprise 

2 Fund may hold funds transferred to it under section 

3 102(a) in interest-bearing accounts, prior to the dis4 bursement of such funds for the activities described 

5 in section 102, and may retain for such purposes 

6 any interest earned on such deposits without return7 ing such interest to the Treasury and without fur8 ther appropriation by Congress. 

9 (2) USE OF INVESTMENT RETURNS AND OTHER

10 PAYMENTS.—The Enterprise Fund may use returns 

11 on investments of the Enterprise Fund and other 

12 payments to the Enterprise Fund to make invest13 ments in and grants for projects carried out under 

14 section 102, without returning such returns or other 

15 payments to the Treasury and without further ap16 propriation by Congress. 

17 (b) USE OF UNITED STATES PRIVATE VENTURE

18 CAPITAL.— 

19 (1) IN GENERAL.—In order to maximize the ef20 fectiveness of the activities of the Enterprise Fund, 

21 the Enterprise Fund may conduct public offerings or 

22 private placements for the purpose of soliciting and 

23 accepting United States venture capital, which may 

24 be used, separately or together with funds trans25 ferred to the Enterprise Fund under section 102(a), 


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1 for any lawful investment purpose that the board of 

2 directors of the Enterprise Fund considers appro3 priate to carry out this title. 

4 (2) DISTRIBUTIONS.—Financial returns on En5 terprise Fund investments that include a component 

6 of private venture capital may be distributed, at 

7 such times and in such amounts as the board of di8 rectors of the Enterprise Fund considers appro9 priate, to the investors of such capital. 

10 (c) LIMITATION ON PAYMENTS TO ENTERPRISE

11 FUND PERSONNEL.—No funds of the Enterprise Fund 

12 shall inure to the benefit of any board member, officer, 

13 or employee of the Enterprise Fund, except as salary or 

14 reasonable compensation for services. 

15 (d) WINDING DOWN OF ENTERPRISE FUND; REPAY16 MENT OF FUNDS TO TREASURY.— 

17 (1) IN GENERAL.—At such time as the board of 

18 directors of the Enterprise Fund considers appro19 priate, but not later than December 31, 2025, the 

20 Enterprise Fund shall— 

21 (A) wind down its activities; and 

22 (B) repay to the Treasury the full amount 

23 of funds the Enterprise Fund received from the 

24 United States Government throughout the ex25 istence of the Enterprise Fund. 


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1 (2) ENSURING ABILITY TO REPAY.—The Enter2 prise Fund shall make grants, investments, and pro3 vide other assistance under section 102 in a manner 

4 that ensures the ability of the Enterprise Fund to 

5 make the repayments to the Treasury required by 

6 paragraph (1)(B). 

7 SEC. 104. AUDITS, RECORDS, AND REPORTS. 

8 (a) INDEPENDENT PRIVATE AUDITS.—The accounts 

9 of the Enterprise Fund shall be audited annually in ac10 cordance with generally accepted auditing standards by 

11 independent certified public accountants or independent li12 censed public accountants certified or licensed by a regu13 latory authority of a State or other political subdivision 

14 of the United States. The report of an audit under this 

15 subsection shall be included in the annual report under 

16 subsection (d) for the year involved. 

17 (b) GAO AUDITS.—With respect to any period during 

18 which the Enterprise Fund is in possession of funds re19 ceived from the United States Government, the Comp20 troller General of the United States may audit the finan21 cial transactions of the Enterprise Fund in accordance 

22 with such principles and procedures and under such rules 

23 and regulations as the Comptroller General may prescribe. 

24 (c) RECORDKEEPING REQUIREMENTS.—The Enter25 prise Fund shall ensure that— 


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1 (1) each recipient of assistance provided by the 

2 Enterprise Fund under section 102 keeps— 

3 (A) separate accounts with respect to such 

4 assistance; 

5 (B) such records as may be reasonably 

6 necessary to disclose fully the amount and the 

7 disposition by such recipient of the proceeds of 

8 such assistance, the total cost of the project or 

9 undertaking in connection with which such as10 sistance is given or used, and the amount and 

11 nature of that portion of the cost of the project 

12 or undertaking supplied by other sources; and 

13 (C) such other records as will facilitate an 

14 effective audit; and 

15 (2) the Enterprise Fund, or an authorized rep16 resentative of the Enterprise Fund, has access for 

17 the purpose of audit and examination to any books, 

18 documents, papers, or records of the recipient that 

19 are pertinent to assistance provided by the Enter20 prise Fund under section 102. 

21 (d) ANNUAL REPORTS.—With respect to each year 

22 during any part of which the full repayment to the Treas23 ury required by section 103(d)(1)(B) has not yet been 

24 completed, the Enterprise Fund shall, not later than 120 

25 days after the conclusion of such year, publish a report 


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1 that includes a comprehensive and detailed description of 

2 the Enterprise Fund’s operations, activities, financial con3 dition, and accomplishments under this title for such year. 

4 SEC. 105. NONAPPLICABILITY OF OTHER LAWS. 

5 Notwithstanding any other provision of law— 

6 (1) funds may be transferred to the Enterprise 

7 Fund under section 102(a) and used for the activi8 ties described in section 102; and 

9 (2) executive branch agencies may conduct pro10 grams and activities and provide services in support 

11 of the activities of the Enterprise Fund. 

12 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to the Sec14 retary of the Treasury $100,000,000 to carry out section 

15 102(a), to remain available until expended or until the En16 terprise Fund winds down its activities, whichever occurs 

17 earlier. 

18 TITLE II—HAITI ASSISTANCE 

19 OVERSIGHT SUMMARY REPORTS 

20 SEC. 201. ANNUAL SUMMARY REPORTS. 

21 (a) IN GENERAL.—Not later than January 31 of 

22 each of the years 2011 through 2016, the President shall 

23 submit to Congress a report that summarizes and analyzes 

24 all reports available to the President that were prepared 

25 for the purpose of providing oversight and evaluation of 


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1 earthquake recovery and redevelopment activities con2 ducted by United States Government agencies during the 

3 preceding year. 

4 (b) CONTENTS OF REPORT.—Each report submitted 

5 under subsection (a) shall include— 

6 (1) with respect to each United States Govern7 ment agency that conducted earthquake recovery 

8 and redevelopment activities during the year covered 

9 by the report, a statement of the obligations, out10 lays, and receipts of such agency related to such ac11 tivities during such year; and 

12 (2) with respect to United States Government 

13 earthquake recovery and redevelopment programs— 

14 (A) an impact assessment of each such 

15 program and of all such programs; 

16 (B) an analysis of program conflicts; 

17 (C) an assessment of areas for future im18 provement in individual programs, groups of 

19 programs, or all such programs; and 

20 (D) the proposed expenditures of each such 

21 program for each of the 5 fiscal years following 

22 the fiscal year in which the report is submitted. 

23 (c) COORDINATION AND COOPERATION.— 

24 (1) IN GENERAL.—In preparing a report under 

25 subsection (a), the President shall coordinate with 


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1 the officials listed in paragraph (2), and such offi2 cials shall cooperate with the President in fulfilling 

3 the requirements of such subsection. 

4 (2) OFFICIALS LISTED.—The officials listed in 

5 this paragraph are the following: 

6 (A) The Inspector General of the Depart7 ment of Defense. 

8 (B) The Inspector General of the Depart9 ment of State. 

10 (C) The Inspector General of the Depart11 ment of the Treasury. 

12 (D) The Inspector General of the United 

13 States Agency for International Development. 

14 (E) Any other officer or employee of the 

15 United States Government primarily responsible 

16 for oversight of an earthquake recovery or rede17 velopment program of the United States Gov18 ernment. 

19 (3) COORDINATION WITH GAO.—The President 

20 shall coordinate with the Comptroller General of the 

21 United States in any oversight of earthquake recov22 ery and redevelopment undertaken by the Comp23 troller General, as the President and the Comptroller 

24 General consider appropriate. 


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1 SEC. 202. SUBMISSION AND AVAILABILITY OF REPORTS. 

2 (a) SUBMISSION TO EXECUTIVE BRANCH AGEN3 CIES.—When the President submits a report to Congress 

4 under section 201(a), the President shall submit a copy 

5 of such report to— 

6 (1) the Secretary of Defense; 

7 (2) the Secretary of State; 

8 (3) the Secretary of the Treasury; and 

9 (4) the Administrator of the United States 

10 Agency for International Development. 

11 (b) AVAILABILITY.—The President shall make the 

12 unclassified portion of each report submitted under section 

13 201(a) available— 

14 (1) to the public in hard copy, upon request 

15 and for a reasonable fee; and 

16 (2) on an appropriate Internet Web site of an 

17 agency or instrumentality of the United States Gov18 ernment. 

19 SEC. 203. TREATMENT OF SENSITIVE MATERIAL. 

20 (a) FORM OF REPORT.—The report required by sec21 tion 201(a) shall be submitted in unclassified form but 

22 may include a classified annex. 

23 (b) DISCLOSURE OF CERTAIN INFORMATION.—Noth24 ing in this title shall be construed to permit or require 

25 the disclosure of information that is— 


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1 (1) specifically prohibited from disclosure by 

2 any other provision of law; 

3 (2) specifically required by Executive order to 

4 be protected from disclosure in the interest of na5 tional defense or national security or in the conduct 

6 of foreign affairs; or 

7 (3) a part of an ongoing criminal investigation. 

8 SEC. 204. DEFINITION. 

9 In this title, the term ‘‘earthquake recovery and rede10 velopment’’ means assistance provided to the Haitian gov11 ernment, Haitian private sector entities, and the Haitian 

12 people to restore and strengthen the functioning of the 

13 government, the economic system, and society after the 

14 earthquake that occurred on January 12, 2010. 

Æ 


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