I 
111TH CONGRESS 
2D SESSION 
H. R. 4961 
To provide for the establishment of the Haitian-American Enterprise Fund. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2010 
Ms. CLARKE (for herself, Mr. MEEKS of New York, Ms. FUDGE, and Mr. 
MEEK of Florida) introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
A BILL 
To provide for the establishment of the Haitian-American 
Enterprise Fund. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Haitian Private Sector 
Encouragement Act of 2010’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are to promote— 
(1) development of the Haitian private sector, 
including small business, the agriculture sector, and 
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joint ventures with the United States and host coun-
try participants, and 
(2) policies and practices conducive to private 
sector development in Haiti, 
through loans, grants, equity investments, feasibility stud-
ies, technical assistance, training, insurance, guarantees, 
and other measures. 
SEC. 3. DESIGNATION OF HAITIAN-AMERICAN ENTERPRISE 
FUND. 
(a) DESIGNATION.—The President is authorized to 
designate one private, nonprofit organization established 
under State law as eligible to receive funds and support 
under this Act upon a determination by the President that 
the organization has been established for the purposes de-
scribed in section 2. For purposes of this Act, the organi-
zation so designated shall be referred to as the ‘‘Haitian- 
American Enterprise Fund’’. 
(b) CONSULTATION WITH CONGRESS.—Before desig-
nating an organization under subsection (a), the President 
shall consult with— 
(1) the majority leader and minority leader of 
the Senate; and 
(2) the Speaker and minority leader of the 
House of Representatives. 
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(c) ADDITIONAL REQUIREMENTS.—Except to the ex-
tent inconsistent with the provisions of this Act, para-
graphs (3) through (5) of section 201(d) of the Support 
for East European Democracy (SEED) Act of 1989 (22 
U.S.C. 5421(d)) shall apply to the Haitian-American En-
terprise Fund to the same extent and in the same manner 
as such paragraphs apply to the Polish-American Enter-
prise Fund, the Hungarian-American Enterprise Fund, 
the Southern Africa Enterprise Development Fund, and 
other similarly situated enterprise funds established by the 
United States Government. 
SEC. 4. GRANT TO HAITIAN-AMERICAN ENTERPRISE FUND. 
(a) IN GENERAL.—The President, acting through the 
Administrator of the United States Agency for Inter-
national Development, shall, from amounts appropriated 
pursuant to the authorization of appropriations under sec-
tion 7, provide a grant to the Haitian-American Enter-
prise Fund, which shall be used to— 
(1) carry out the purposes described in section 
2, including to promote the policies and practices de-
scribed in subsection (b); and 
(2) pay the administrative expenses of the En-
terprise Fund. 
(b) POLICIES
AND PRACTICES.—The policies and 
practices referred to in subsection (a)(1) are policies and 
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practices conducive to the development of private property 
rights for the citizens of Haiti, particularly Haitian citi-
zens of limited economic means, through integration of ex-
tralegal property arrangements employed by some Haitian 
citizens into comprehensive modern property recordation 
systems that fix the economic potential of assets, integrate 
disperse ownership information into one system, hold citi-
zens accountable, make assets fungible, connect citizens 
to one another, and protect the integrity of commercial 
transactions. 
(c) OVERSIGHT.—The Administrator of the United 
States Agency for International Development shall mon-
itor the activities of the Haitian-American Enterprise 
Fund. 
SEC. 5. TREATMENT EQUIVALENT TO OTHER ENTERPRISE 
FUNDS; CONSULTATION WITH OTHER ENTER-
PRISE FUNDS. 
(a) IN GENERAL.—Except to the extent inconsistent 
with the provisions of this Act, subsections (f) through (p) 
of section 201 of the Support for East European Democ-
racy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply 
to the Haitian-American Enterprise Fund to the same ex-
tent and in the same manner as such subsections apply 
to the Polish-American Enterprise Fund, the Hungarian- 
American Enterprise Fund, the Southern Africa Enter-
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prise Development Fund, and other similarly situated en-
terprise funds established by the United States Govern-
ment. 
(b) CONSULTATION
WITH
OTHER
ENTERPRISE 
FUNDS.—The Haitian-American Enterprise Fund may 
consult extensively with other similarly situated enterprise 
funds established by the United States Government in 
order to seek out best practices relating to the start-up 
phase and other ongoing business matters of the Enter-
prise Fund. 
SEC. 6. HAITIAN-AMERICAN ECONOMIC OVERSIGHT PANEL. 
(a) ESTABLISHMENT.—The President is authorized 
to establish the Haitian-American Economic Oversight 
Panel (in this section referred to as the ‘‘Oversight 
Panel’’). 
(b) DUTIES.—The Oversight Panel shall monitor the 
activities of the Haitian-American Enterprise Fund and 
all other economic development initiatives of the United 
States for Haiti. 
(c) MEMBERSHIP.—The Oversight Panel shall consist 
of individuals appointed by the President after consulta-
tion with Congress, from among United States citizens 
who are not officers or employees of any government and 
who have demonstrated concern and commitment to the 
economic development of Haiti. 
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(d) REPORT.—The Oversight Panel shall submit to 
Congress and the President an annual report on imple-
mentation of the Oversight Panel’s duties for the pre-
ceding year, including a detailed description of incidents 
of waste, fraud, and abuse relating to economic develop-
ment initiatives of the United States for Haiti. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the authorities of the Hai-
tian-American Enterprise Fund. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the President to carry out this Act 
$240,000,000 for fiscal year 2011. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization of appropriations under subsection (a) 
are authorized to remain available until expended. 
(c) NONAPPLICABILITY OF OTHER LAWS.—Notwith-
standing any other provision of law, amounts appropriated 
pursuant to the authorization of appropriations under sub-
section (a) may be expended by the Haitian-American En-
terprise Fund for the purposes of this Act. 
Æ 
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