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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2548 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2548

To establish a comprehensive United States Government policy to assist 
countries in sub-Saharan Africa to develop an appropriate mix of power 
 solutions for more broadly distributed electricity access in order to 
 support poverty alleviation and drive economic growth, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2013

  Mr. Royce (for himself, Mr. Engel, Mr. Smith of New Jersey, and Ms. 
    Bass) introduced the following bill; which was referred to the 
   Committee on Foreign Affairs, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To establish a comprehensive United States Government policy to assist 
countries in sub-Saharan Africa to develop an appropriate mix of power 
 solutions for more broadly distributed electricity access in order to 
 support poverty alleviation and drive economic growth, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electrify Africa Act of 2013''.

SEC. 2. PURPOSE.

    The purpose of this Act is to improve access to affordable, 
reliable electricity in Africa in order to unlock the potential for 
economic growth, job creation, food security, improved health and 
education outcomes, and sustainable poverty reduction.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) 589,000,000 people in sub-Saharan Africa, or 68 percent 
        of the population, do not have access to electricity, as of 
        2010;
            (2) electricity services are highly unreliable and remain 
        at least twice as expensive compared to other emerging regions 
        for the majority of people with access to electricity in sub-
        Saharan Africa;
            (3) lack of access to electricity services 
        disproportionally affects women--who often shoulder the burden 
        of seeking sources of heat and light such as dung, wood or 
        charcoal and are often more exposed to the associated negative 
        health impacts. Women and girls also face increase risks of 
        assault from walking long distances to gather fuel sources;
            (4) people without access to electricity are often trapped 
        in subsistence lifestyles and are unable to work their way out 
        of poverty;
            (5) a lack of electricity contributes to the high use of 
        inefficient and often highly polluting fuel sources for indoor 
        cooking, heating, and lighting that produce toxic fumes 
        resulting in more than 3,000,000 annual premature deaths from 
        respiratory disease, more annual deaths than from HIV/AIDS and 
        malaria in sub-Saharan Africa;
            (6) electricity access is crucial for the storage of 
        vaccines and anti-retroviral and other lifesaving medical 
        drugs, as well as the operation of modern lifesaving medical 
        equipment;
            (7) electricity access can be used to improve food security 
        by enabling post-harvest processing, pumping, irrigation, dry 
        grain storage, milling, refrigeration, and other uses;
            (8) electricity access can provide improved lighting 
        options, internet access, mobile phone charging, and other new 
        information and communication technologies that can greatly 
        improve health and education outcomes as well as commercial 
        possibilities;
            (9) Africa's consumer base of 1,000,000,000 people is 
        rapidly growing and will create increasing demand for United 
        States goods, services, and technologies, but the current 
        African electricity deficit limits this growth in demand by 
        restricting economic growth on the continent;
            (10) approximately 30 African countries face endemic power 
        shortages, and nearly 70 percent of surveyed African businesses 
        cite unreliable power as a major constraint to growth;
            (11) the Millennium Challenge Corporation's work in the 
        energy sector shows high projected economic rates of returns 
        that translate to sustainable economic growth and that the 
        highest returns are projected when infrastructure improvements 
        are coupled with significant legislative and regulatory and 
        institutional policy reforms;
            (12) in some countries, regulatory bottlenecks and legal 
        constraints stifle the ability of private investment to assist 
        in the generation and distribution of electricity; and
            (13) without new policies and more effective investments in 
        electricity sector enterprises to increase and expand 
        electricity access in sub-Saharan Africa, over 70 percent of 
        the rural population, and 48 percent of the total population, 
        will remain without access to electricity by 2030.

SEC. 4. STATEMENT OF POLICY.

    Congress declares that it is the policy of the United States, in 
consultation with sub-Saharan African governments, to--
            (1) encourage the installation of at least an additional 
        20,000 megawatts of electrical power in sub-Saharan Africa by 
        2020;
            (2) promote first-time access to electricity for at least 
        50,000,000 people in sub-Saharan Africa by 2020 in both urban 
        and rural areas; and
            (3) promote efficient institutional platforms to provide 
        electrical service to rural and underserved areas.

SEC. 5. DEVELOPMENT OF A COMPREHENSIVE, MULTIYEAR STRATEGY.

    (a) Strategy.--The President shall establish a comprehensive, 
integrated, multiyear strategy to assist countries in sub-Saharan 
Africa to develop an appropriate mix of power solutions, including 
renewable energy, to provide sufficient electricity access to people 
living in rural and urban areas in order to alleviate poverty and drive 
economic growth. Such strategy shall maintain sufficient flexibility 
and remain responsive to technological innovation in the power sector.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report setting forth the 
        strategy described in subsection (a).
            (2) Report contents.--The report required by paragraph (1) 
        shall include a discussion of the elements described in 
        paragraph (3), and should include a discussion of any 
        additional elements relevant to the strategy described in 
        subsection (a).
            (3) Report elements.--The elements referred to in paragraph 
        (2) are the following:
                    (A) The general and specific objectives of the 
                strategy described in subsection (a), the criteria for 
                determining success of the strategy, and a description 
                of the manner in which the strategy will increase 
                production and improve access to electricity.
                    (B) Development of plans and regulations at the 
                national, regional, and local level to increase power 
                production, strengthen electrical transmission and 
                distribution infrastructure, and improve access to 
                electricity.
                    (C) Administration plans to increase access to 
                electricity, including a description of how the 
                strategy will address commercial and residential needs, 
                as well as urban and rural access.
                    (D) Administration strategy to reduce waste and 
                improve existing power generation through the use of a 
                broad power mix and use of a distributed generation 
                model.
                    (E) Administration policy on engaging and 
                leveraging private sector resources and public sector 
                financing.
                    (F) A description of the strategy for the transfer 
                of relevant technology and skills to local 
                participation in the long-term maintenance and 
                management of such investments to ensure power sector 
                investments are sustainable, including the details of 
                the programs to be undertaken to maximize United States 
                contributions in the areas of technical assistance and 
                training.
                    (G) An identification of the relevant executive 
                branch agencies that will be involved in carrying out 
                the strategy, the level and distribution of resources 
                that will be dedicated on an annual basis among the 
                such agencies, the assignment of priorities to such 
                agencies, a description of the role of each agency, and 
                the types of programs that each agency will be 
                undertaking.
                    (H) A description of the mechanisms that will be 
                utilized to coordinate the efforts of the relevant 
                executive branch agencies in carrying out the strategy 
                to avoid duplication of efforts, enhance coordination, 
                and ensure that each agency undertakes programs 
                primarily in those areas where each such agency has the 
                greatest expertise, technical capabilities, and 
                potential for success.
                    (I) A description of the mechanisms to be 
                established for monitoring and evaluating increased 
                electricity access development, for learning and 
                transmitting best practices among relevant executive 
                branch agencies as well as among participating 
                countries, and for terminating unsuccessful programs.
                    (J) A description of the engagement plan for 
                working with local communities benefitting from the 
                projects and affected by the projects as well as the 
                environment and social impacts of the projects.
                    (K) A description of the mechanisms that will be 
                utilized to ensure greater coordination between the 
                United States and foreign governments, international 
                organizations, African regional economic communities, 
                international financial institutions, and private 
                sector organizations.
                    (L) A description of how United States leadership 
                will be used to enhance the overall international 
                response to prioritizing electricity access for sub-
                Saharan Africa and to strengthen coordination among 
                relevant international forums such as the G8 and G20.
                    (M) An outline of how the Administration intends to 
                partner with foreign governments, the World Bank Group, 
                the African Development Bank Group, and the public 
                sector to assist sub-Saharan African countries to 
                conduct project feasibility studies and facilitate 
                project development.
                    (N) A description of how the Administration intends 
                to help facilitate transnational and regional power and 
                electrification projects where appropriate.

SEC. 6. USAID.

    (a) Loan Guarantees.--It is the sense of Congress that in pursuing 
the policy goals described in section 4, the Administrator of USAID 
should identify and prioritize--
            (1) where loan guarantees to local African financial 
        institutions would facilitate the involvement of such financial 
        institutions in power projects in Africa; and
            (2) where partnerships and grants for research, 
        development, and deployment of technology would increase access 
        to electricity in Africa.
    (b) Grants.--It is the sense of Congress that the Administrator of 
USAID, acting through USAID's Bureau for Africa and Economic Growth, 
Education and Environment, should consider providing grants to--
            (1) develop national, regional, and local energy and 
        electricity policy plans;
            (2) expand distribution of electricity access to the 
        poorest; and
            (3) build a country's capacity to monitor and regulate the 
        energy and electricity sector.
    (c) USAID Defined.--In this section, the term ``USAID'' means the 
United States Agency for International Development.

SEC. 7. DEPARTMENT OF THE TREASURY.

    In pursuing the policy goals described in section 4, the Secretary 
of the Treasury should direct the United States Executive Director at 
each institution in the World Bank Group and the African Development 
Bank to use the voice, vote, and influence of the United States to 
encourage each such entity to--
            (1) commit to significantly increase power sector and 
        electrification investments in sub-Saharan Africa;
            (2) consider energy needs of individuals where access to an 
        electricity grid is impractical or cost-prohibitive;
            (3) enhance coordination with the private sector in sub-
        Saharan Africa to increase access to electricity;
            (4) provide technical assistance to the regulatory 
        authorities of sub-Saharan African governments to remove 
        unnecessary barriers to investment in commercially viable 
        projects, reduce transmission and distribution losses, 
        encourage end-use efficiency, strengthen local markets, and 
        unlock domestic investment in the power sector; and
            (5) utilize clear, accountable, and metric-based targets to 
        measure the effectiveness of such projects.

SEC. 8. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) In General.--The Overseas Private Investment Corporation 
should--
            (1) in carrying out its programs and pursuing the policy 
        goals described in section 4, place a priority on supporting 
        investment in the electricity sector of sub-Saharan Africa and 
        implement procedures for expedited review of and, where 
        appropriate, approval of, applications by eligible investors 
        for loans, loan guarantees, and insurance for such investments;
            (2) to the extent permitted by its authorities, policies, 
        and programs, support investments in projects that will--
                    (A) maximize the number of people with new access 
                to electricity to support economic development;
                    (B) improve the transmission and distribution of 
                electricity;
                    (C) provide reliable and low-cost electricity to 
                people living in rural and urban communities;
                    (D) consider energy needs of individuals where 
                access to an electricity grid is impractical or cost-
                prohibitive; and
                    (E) reduce transmission and distribution losses and 
                improve end-use efficiency;
            (3) encourage small- and medium-sized enterprises and 
        cooperative service providers to participate in investment 
        activities in sub-Saharan Africa; and
            (4) publish measurable development impacts of its 
        investments.
    (b) Amendments.--Title IV of chapter 2 of part I of the Foreign 
Assistance Act of 1961 is amended--
            (1) in section 233 (22 U.S.C. 2193)--
                    (A) in subsection (b), by inserting after the sixth 
                sentence the following new sentence: ``Of the eight 
                such Directors, not more than six should be of the same 
                political party.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(e) Investment Advisory Council.--The Board shall take prompt 
measures to increase the loan, guarantee, and insurance programs, and 
financial commitments, of the Corporation in sub-Saharan Africa, 
including through the use of an investment advisory council to assist 
the Board in developing and implementing policies, programs, and 
financial instruments with respect to sub-Saharan Africa. In addition, 
the investment advisory council shall make recommendations to the Board 
on how the Corporation can facilitate greater support by the United 
States for trade and investment with and in sub-Saharan Africa. The 
investment advisory council shall terminate on December 31, 2017.'';
            (2) in section 234(c) (22 U.S.C. 2194(c)), by inserting 
        ``eligible investors or'' after ``involve'';
            (3) in section 235(a)(2) (22 U.S.C. 2195), by striking 
        ``2007'' and inserting ``2016''; and
            (4) in section 239(e) (22 U.S.C. 2199(e)) to read as 
        follows:
    ``(e) Inspector General.--The Board shall appoint and maintain an 
Inspector General in the Corporation, in accordance with the Inspector 
General Act of 1978 (5 U.S.C. App.).''.
    (c) Policy.--Not later than 180 days after the date of the 
enactment of this Act, the Board of Directors and President of the 
Overseas Private Investment Corporation are hereby directed to issue 
policy guidance that permits significant investment in the electricity 
sector of the poorest and lowest pollution-emitting countries in a 
development-driven and environmentally sensitive manner.

SEC. 9. TRADE AND DEVELOPMENT AGENCY.

    (a) In General.--The Director of the Trade and Development Agency 
should--
            (1) promote United States private sector participation in 
        energy sector development projects in sub-Saharan Africa 
        through project preparation activities, including feasibility 
        studies, technical assistance, pilot projects, reverse trade 
        missions, conferences and workshops; and
            (2) seek opportunities to fund project preparation 
        activities that involve increased access to electricity, 
        including power generation and trade capacity building.
    (b) Focus.--In pursuing the policy goals described in section 4, 
project preparation activities described in subsection (a) should focus 
on power generation using clean energy sources, improving the 
efficiency of transmission and distribution grids, including on-grid, 
off-grid and mini-grid solutions, and promoting energy efficiency and 
demand-side management.

SEC. 10. PROGRESS REPORT.

    Not later than three years after the date of the enactment of this 
Act, the President shall transmit to the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Foreign Relations 
of the Senate a report on progress made toward achieving the policy 
goals described in section 4, including the following:
            (1) The number and type of policy and legislative changes 
        implemented in partner countries to support increased 
        electricity generation and access since United States 
        engagement.
            (2) A list of power sector and electrification projects 
        United States Government instruments are supporting to achieve 
        the policy goals described in section 4, and for each such 
        project--
                    (A) a description of how each such project fits 
                into the national power plans of the partner country;
                    (B) the total cost of each such project and 
                predicted United States Government contributions to 
                such projects broken down by United States Government 
                funding source, including from the Overseas Private 
                Investment Corporation, the United States Agency for 
                International Development, the Department of the 
                Treasury, and other appropriate United States 
                Government departments and agencies;
                    (C) the amount of actual United States Government 
                financing provided to such projects, broken down by 
                United States Government funding source, including from 
                the Overseas Private Investment Corporation, the United 
                States Agency for International Development, the 
                Department of the Treasury, and other appropriate 
                United States Government departments and agencies;
                    (D) the predicted electrical power capacity in 
                megawatts of each project upon completion;
                    (E) expected environmental and social impacts from 
                each project;
                    (F) the number of individuals, businesses, schools, 
                and health facilities that have gained electricity 
                connections as a result of each project at the time of 
                such report;
                    (G) the predicted number of individuals gaining 
                electricity connections as a result of each project 
                upon completion; and
                    (H) the current operating electrical power capacity 
                in megawatts of each project.
                                 <all>
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