Haiti Private Sector Development Act

Bill Number: 
H.R.5394
Bill Location: 
Date of Last Action: 
Tuesday, May 25, 2010
Relevant Text: 

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.

    Be it enacted by the Senate and House of Representatives 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:

      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 organization shall be known as the American Enterprise Fund for Haiti (in this title referred to as the `Enterprise Fund').

    (b) Consultation With Congress- Before designating 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.

    (c) Board of Directors-

      (1) IN GENERAL- The Enterprise Fund shall be governed by a board of directors composed of private citizens of the United States and private citizens 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 individuals 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 Enterprise Fund shall be United States citizens.

      (3) RESPECT FOR DEMOCRACY AND FREE MARKET- Only Haitian citizens who demonstrate respect for democracy and a free-market economy may serve as members of the board of directors of the Enterprise Fund.

    (d) Private Character of Enterprise Fund- Nothing in this title shall be construed to make the Enterprise 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 requirements of this title.

SEC. 102. TRANSFER OF UNITED STATES FUNDS TO ENTERPRISE 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 administrative 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--

        (A) development of the Haitian private sector, including microbusinesses and small businesses, the agriculture, finance, energy, construction, garment, and tourism industries, and joint ventures with United States and Haitian participants; and

        (B) policies and practices conducive to private sector development in Haiti, through loans, equity investments, feasibility studies, grants, technical assistance, training, insurance, guarantees, 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 establishment of consumer credit bureaus in Haiti.

        (B) INFORMATION TECHNOLOGY INFRASTRUCTURE- The Enterprise Fund may make investments in and grants for projects providing the modern information technology infrastructure needed for the delivery and monitoring of services to economically vulnerable populations in Haiti.

        (C) MANAGEMENT AND TECHNICAL CAPACITY BUILDING- The Enterprise Fund may make investments in and grants for projects providing management and technical capacity training and development, which may include training on effective management and governance for promoting private sector development.

        (D) AMERICA FOR HAITIAN PRIVATE SECTOR DEVELOPMENT FOUNDATION-

          (i) ESTABLISHMENT- The Enterprise Fund may use not more than $5,000,000 of the funds transferred to it under subsection (a) to establish and provide support for the America for Haitian Private Sector Development Foundation (in this title referred to as the `Foundation').
          (ii) ACTIVITIES OF FOUNDATION-

            (I) RECRUITMENT- The Foundation shall develop programs to recruit qualified individuals from the United States, including the Haitian diaspora in the United States, to go to Haiti to provide technical expertise to the Haitian government to support public functions and to fill capacity gaps in the Haitian government, especially at Haitian government ministries that oversee the private sector and were disrupted by the earthquake that occurred on January 12, 2010. Such individuals may serve for short or extended periods of time, not to exceed 2 years, as necessary to meet the needs of the Haitian government. The Foundation shall pay such individuals such reasonable compensation for their services as the Foundation considers necessary to attract a sufficient number of qualified individuals.

            (II) ACTIVITIES AFTER WINDING DOWN OF ENTERPRISE FUND- The Enterprise Fund shall ensure that the Foundation is in a position to continue supporting the development and good governance of the Haitian private sector after the Enterprise Fund is wound down and no longer receives funding from the United States Government.

    (c) Financial Instruments for Individual Investment in Haiti- The Enterprise Fund shall, if at all practicable, establish financial instruments that will enable individuals to invest in the Haitian private sector.

    (d) Priority in Making Investments and Grants- In making investments and grants under this section, the Enterprise Fund shall give priority to industries targeted by the Haitian government for economic recovery and growth.

    (e) Matters for Consideration in Carrying Out Authorized Activities- In carrying out activities under this title, the Enterprise Fund shall take into account such considerations as internationally recognized worker rights and other internationally recognized human rights, environmental factors, United States economic and employment effects, and the likelihood of commercial viability of the activity receiving assistance from the Enterprise Fund.

SEC. 103. ADMINISTRATION OF FUNDS.

    (a) Retention of Investment Earnings-

      (1) RETENTION OF INTEREST- The Enterprise Fund may hold funds transferred to it under section 102(a) in interest-bearing accounts, prior to the disbursement of such funds for the activities described in section 102, and may retain for such purposes any interest earned on such deposits without returning such interest to the Treasury and without further appropriation by Congress.

      (2) USE OF INVESTMENT RETURNS AND OTHER PAYMENTS- The Enterprise Fund may use returns on investments of the Enterprise Fund and other payments to the Enterprise Fund to make investments in and grants for projects carried out under section 102, without returning such returns or other payments to the Treasury and without further appropriation by Congress.

    (b) Use of United States Private Venture Capital-

      (1) IN GENERAL- In order to maximize the effectiveness of the activities of the Enterprise Fund, the Enterprise Fund may conduct public offerings or private placements for the purpose of soliciting and accepting United States venture capital, which may be used, separately or together with funds transferred to the Enterprise Fund under section 102(a), for any lawful investment purpose that the board of directors of the Enterprise Fund considers appropriate to carry out this title.
      (2) DISTRIBUTIONS- Financial returns on Enterprise Fund investments that include a component of private venture capital may be distributed, at such times and in such amounts as the board of directors of the Enterprise Fund considers appropriate, to the investors of such capital.

    (c) Limitation on Payments to Enterprise Fund Personnel- No funds of the Enterprise Fund shall inure to the benefit of any board member, officer, or employee of the Enterprise Fund, except as salary or reasonable compensation for services.

    (d) Winding Down of Enterprise Fund; Repayment of Funds to Treasury-

      (1) IN GENERAL- At such time as the board of directors of the Enterprise Fund considers appropriate, but not later than December 31, 2025, the Enterprise Fund shall--

        (A) wind down its activities; and

        (B) repay to the Treasury the full amount of funds the Enterprise Fund received from the United States Government throughout the existence of the Enterprise Fund.
      (2) ENSURING ABILITY TO REPAY- The Enterprise Fund shall make grants, investments, and provide other assistance under section 102 in a manner that ensures the ability of the Enterprise Fund to make the repayments to the Treasury required by paragraph (1)(B).

SEC. 104. AUDITS, RECORDS, AND REPORTS.

    (a) Independent Private Audits- The accounts of the Enterprise Fund shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The report of an audit under this subsection shall be included in the annual report under subsection (d) for the year involved.

    (b) GAO Audits- With respect to any period during which the Enterprise Fund is in possession of funds received from the United States Government, the Comptroller General of the United States may audit the financial transactions of the Enterprise Fund in accordance with such principles and procedures and under such rules and regulations as the Comptroller General may prescribe.

    (c) Recordkeeping Requirements- The Enterprise Fund shall ensure that--

      (1) each recipient of assistance provided by the Enterprise Fund under section 102 keeps--
        (A) separate accounts with respect to such assistance;

        (B) such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and

        (C) such other records as will facilitate an effective audit; and

      (2) the Enterprise Fund, or an authorized representative of the Enterprise Fund, has access for the purpose of audit and examination to any books, documents, papers, or records of the recipient that are pertinent to assistance provided by the Enterprise Fund under section 102.

    (d) Annual Reports- With respect to each year during any part of which the full repayment to the Treasury required by section 103(d)(1)(B) has not yet been completed, the Enterprise Fund shall, not later than 120 days after the conclusion of such year, publish a report that includes a comprehensive and detailed description of the Enterprise Fund's operations, activities, financial condition, and accomplishments under this title for such year.

SEC. 105. NONAPPLICABILITY OF OTHER LAWS.

    Notwithstanding any other provision of law--

      (1) funds may be transferred to the Enterprise Fund under section 102(a) and used for the activities described in section 102; and

      (2) executive branch agencies may conduct programs and activities and provide services in support of the activities of the Enterprise Fund.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of the Treasury $100,000,000 to carry out section 102(a), to remain available until expended or until the Enterprise Fund winds down its activities, whichever occurs earlier.

TITLE II--HAITI ASSISTANCE OVERSIGHT SUMMARY REPORTS

SEC. 201. ANNUAL SUMMARY REPORTS.

    (a) In General- Not later than January 31 of each of the years 2011 through 2016, the President shall submit to Congress a report that summarizes and analyzes all reports available to the President that were prepared for the purpose of providing oversight and evaluation of earthquake recovery and redevelopment activities conducted by United States Government agencies during the preceding year.

    (b) Contents of Report- Each report submitted under subsection (a) shall include--

      (1) with respect to each United States Government agency that conducted earthquake recovery and redevelopment activities during the year covered by the report, a statement of the obligations, outlays, and receipts of such agency related to such activities during such year; and

      (2) with respect to United States Government earthquake recovery and redevelopment programs--

        (A) an impact assessment of each such program and of all such programs;

        (B) an analysis of program conflicts;
        (C) an assessment of areas for future improvement in individual programs, groups of programs, or all such programs; and

        (D) the proposed expenditures of each such program for each of the 5 fiscal years following the fiscal year in which the report is submitted.

    (c) Coordination and Cooperation-

      (1) IN GENERAL- In preparing a report under subsection (a), the President shall coordinate with the officials listed in paragraph (2), and such officials shall cooperate with the President in fulfilling the requirements of such subsection.

      (2) OFFICIALS LISTED- The officials listed in this paragraph are the following:

        (A) The Inspector General of the Department of Defense.
        (B) The Inspector General of the Department of State.

        (C) The Inspector General of the Department of the Treasury.

        (D) The Inspector General of the United States Agency for International Development.

        (E) Any other officer or employee of the United States Government primarily responsible for oversight of an earthquake recovery or redevelopment program of the United States Government.

      (3) COORDINATION WITH GAO- The President shall coordinate with the Comptroller General of the United States in any oversight of earthquake recovery and redevelopment undertaken by the Comptroller General, as the President and the Comptroller General consider appropriate.

SEC. 202. SUBMISSION AND AVAILABILITY OF REPORTS.

    (a) Submission to Executive Branch Agencies- When the President submits a report to Congress under section 201(a), the President shall submit a copy of such report to--

      (1) the Secretary of Defense;

      (2) the Secretary of State;

      (3) the Secretary of the Treasury; and

      (4) the Administrator of the United States Agency for International Development.

    (b) Availability- The President shall make the unclassified portion of each report submitted under section 201(a) available--
      (1) to the public in hard copy, upon request and for a reasonable fee; and

      (2) on an appropriate Internet Web site of an agency or instrumentality of the United States Government.

SEC. 203. TREATMENT OF SENSITIVE MATERIAL.

    (a) Form of Report- The report required by section 201(a) shall be submitted in unclassified form but may include a classified annex.

    (b) Disclosure of Certain Information- Nothing in this title shall be construed to permit or require the disclosure of information that is--

      (1) specifically prohibited from disclosure by any other provision of law;
      (2) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or

      (3) a part of an ongoing criminal investigation.

SEC. 204. DEFINITION.

    In this title, the term `earthquake recovery and redevelopment' means assistance provided to the Haitian government, Haitian private sector entities, and the Haitian people to restore and strengthen the functioning of the government, the economic system, and society after the earthquake that occurred on January 12, 2010.