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 rede-
velopment activities in Haiti. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Haiti Private Sector Development Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
TITLE I—AMERICAN 
ENTERPRISE FUND FOR HAITI 
SEC. 101. DESIGNATION OF FUND. 
(a) IN GENERAL.—The President is authorized to 
designate as eligible to receive funds and support under 
this title not more than 1 private, nonprofit organization 
that the President determines has been established to 
carry out the activities described in section 102. Such or-
ganization shall be known as the American Enterprise 
Fund for Haiti (in this title referred to as the ‘‘Enterprise 
Fund’’). 
(b) CONSULTATION WITH CONGRESS.—Before desig-
nating an organization under subsection (a), the President 
shall consult with— 
(1) the majority leader and the minority leader 
of the Senate; and 
(2) the Speaker and the minority leader of the 
House of Representatives. 
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(c) BOARD OF DIRECTORS.— 
(1) IN GENERAL.—The Enterprise Fund shall 
be governed by a board of directors composed of pri-
vate citizens of the United States and private citi-
zens of Haiti who— 
(A) have had successful business careers in 
private equity, banking, or finance in developing 
economies; or 
(B) have experience similar to that of indi-
viduals who served on the board of directors of 
a fund similar to the Enterprise Fund that— 
(i) was established by the United 
States Government on or after January 1, 
1990; and 
(ii) earned a positive return on the 
funds under its control. 
(2) MAJORITY OF UNITED STATES CITIZENS.— 
A majority of the board of directors of the Enter-
prise Fund shall be United States citizens. 
(3) RESPECT FOR DEMOCRACY AND FREE MAR-
KET.—Only Haitian citizens who demonstrate re-
spect for democracy and a free-market economy may 
serve as members of the board of directors of the 
Enterprise Fund. 
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(d) PRIVATE CHARACTER OF ENTERPRISE FUND.— 
Nothing in this title shall be construed to make the Enter-
prise Fund an agency or establishment of the United 
States Government, or to make the officers, employees, or 
members of the board of directors of the Enterprise Fund 
officers or employees of the United States for purposes 
of title 5, United States Code. 
(e) ELIGIBILITY OF ENTERPRISE FUND TO RECEIVE 
UNITED STATES FUNDS.—A transfer of funds may be 
made to the Enterprise Fund under section 102(a) only 
if the Enterprise Fund agrees to comply with the require-
ments of this title. 
SEC. 102. TRANSFER OF UNITED STATES FUNDS TO ENTER-
PRISE FUND; USE OF FUNDS. 
(a) TRANSFERS
TO
ENTERPRISE
FUND.—From 
amounts made available under section 106, the Secretary 
of the Treasury may transfer not more than $100,000,000 
to the Enterprise Fund for the Enterprise Fund to carry 
out the activities described in this section and for the ad-
ministrative expenses of the Enterprise Fund. 
(b) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—The Enterprise Fund may 
provide assistance only for programs and projects 
that will promote— 
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(A) development of the Haitian private sec-
tor, including microbusinesses and small busi-
nesses, the agriculture, finance, energy, con-
struction, garment, and tourism industries, and 
joint ventures with United States and Haitian 
participants; and 
(B) policies and practices conducive to pri-
vate sector development in Haiti, through loans, 
equity investments, feasibility studies, grants, 
technical assistance, training, insurance, guar-
antees, and other measures. 
(2) PERCENTAGE
OF
FUNDS
THAT
MAY
BE 
USED FOR GRANTS.—Not more than 20 percent of 
the funds transferred to the Enterprise Fund under 
subsection (a) may be used for assistance in the 
form of grants. Assistance provided under paragraph 
(3)(D)(i) shall not be counted for purposes of the 
preceding sentence. 
(3) SPECIFIC ACTIVITIES.— 
(A) INDIGENOUS CREDIT BUREAUS.—The 
Enterprise Fund may make investments in and 
grants for and otherwise encourage the estab-
lishment of consumer credit bureaus in Haiti. 
(B) INFORMATION
TECHNOLOGY
INFRA-
STRUCTURE.—The Enterprise Fund may make 
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