PUBLIC LAW 114–121—FEB. 8, 2016 

ELECTRIFY AFRICA ACT OF 2015 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 86 PUBLIC LAW 114–121—FEB. 8, 2016 

Public Law 114–121 

114th Congress 

An Act 

To establish a comprehensive United States Government policy to encourage the 

efforts of countries in sub-Saharan Africa to develop an appropriate mix of power 

solutions, including renewable energy, for more broadly distributed electricity 

access in order to support poverty reduction, promote development outcomes, 

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 2015’’. 

SEC. 2. PURPOSE. 

The purpose of this Act is to encourage the efforts of countries 

in sub-Saharan Africa to improve access to affordable and reliable 

electricity in Africa in order to unlock the potential for inclusive 

economic growth, job creation, food security, improved health, education, and environmental outcomes, and poverty reduction. 

SEC. 3. STATEMENT OF POLICY. 

It is the policy of the United States to partner, consult, and 

coordinate with the governments of sub-Saharan African countries, 

international financial institutions, and African regional economic 

communities, cooperatives, and the private sector, in a concerted 

effort to— 

(1) promote first-time access to power and power services 

for at least 50,000,000 people in sub-Saharan Africa by 2020 

in both urban and rural areas; 

(2) encourage the installation of at least 20,000 additional 

megawatts of electrical power in sub-Saharan Africa by 2020 

using a broad mix of energy options to help reduce poverty, 

promote sustainable development, and drive inclusive economic 

growth; 

(3) promote non-discriminatory reliable, affordable, and 

sustainable power in urban areas (including small urban areas) 

to promote economic growth and job creation; 

(4) promote policies to facilitate public-private partnerships 

to provide non-discriminatory reliable, sustainable, and affordable electrical service to rural and underserved populations; 

(5) encourage the necessary in-country reforms, including 

facilitating public-private partnerships specifically to support 

electricity access projects to make such expansion of power 

access possible; 

(6) promote reforms of power production, delivery, and 

pricing, as well as regulatory reforms and transparency, to 

Electrify Africa 

Act of 2015. 

22 USC 2293 

note. 

Feb. 8, 2016 

[S. 2152] 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–121—FEB. 8, 2016 130 STAT. 87 

support long-term, market-based power generation and distribution; 

(7) promote policies to displace kerosene lighting with other 

technologies; 

(8) promote an all-of-the-above energy development 

strategy for sub-Saharan Africa that includes the use of oil, 

natural gas, coal, hydroelectric, wind, solar, and geothermal 

power, and other sources of energy; and 

(9) promote and increase the use of private financing and 

seek ways to remove barriers to private financing and assistance for projects, including through charitable organizations. 

SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR STRATEGY. 

(a) STRATEGY REQUIRED.— 

(1) IN GENERAL.—The President shall establish a comprehensive, integrated, multiyear strategy to encourage the 

efforts of countries in sub-Saharan Africa to implement national 

power strategies and develop an appropriate mix of power 

solutions to provide access to sufficient reliable, affordable, 

and sustainable power in order to reduce poverty and drive 

economic growth and job creation consistent with the policy 

stated in section 3. 

(2) FLEXIBILITY AND RESPONSIVENESS.—The President shall 

ensure that the strategy required under paragraph (1) maintains sufficient flexibility for and remains responsive to concerns and interests of affected local communities and technological innovation in the power sector. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit to the 

Committee on Foreign Relations of the Senate and the Committee 

on Foreign Affairs of the House of Representatives a report that 

contains the strategy required under subsection (a) and includes 

a discussion of the following elements: 

(1) The objectives of the strategy and the criteria for determining the success of the strategy. 

(2) A general description of efforts in sub-Saharan Africa 

to— 

(A) increase power production; 

(B) strengthen electrical transmission and distribution 

infrastructure; 

(C) provide for regulatory reform and transparent and 

accountable governance and oversight; 

(D) improve the reliability of power; 

(E) maintain the affordability of power; 

(F) maximize the financial sustainability of the power 

sector; and 

(G) improve non-discriminatory access to power that 

is done in consultation with affected communities. 

(3) A description of plans to support efforts of countries 

in sub-Saharan Africa to increase access to power in urban 

and rural areas, including a description of plans designed to 

address commercial, industrial, and residential needs. 

(4) A description of plans to support efforts to reduce waste 

and corruption, ensure local community consultation, and 

improve existing power generation through the use of a broad 

President. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 88 PUBLIC LAW 114–121—FEB. 8, 2016 

power mix, including fossil fuel and renewable energy, distributed generation models, energy efficiency, and other technological innovations, as appropriate. 

(5) An analysis of existing mechanisms for ensuring, and 

recommendations to promote— 

(A) commercial cost recovery; 

(B) commercialization of electric service through distribution service providers, including cooperatives, to consumers; 

(C) improvements in revenue cycle management, power 

pricing, and fees assessed for service contracts and connections; 

(D) reductions in technical losses and commercial 

losses; and 

(E) non-discriminatory access to power, including recommendations on the creation of new service provider 

models that mobilize community participation in the provision of power services. 

(6) A description of the reforms being undertaken or 

planned by countries in sub-Saharan Africa to ensure the longterm economic viability of power projects and to increase access 

to power, including— 

(A) reforms designed to allow third parties to connect 

power generation to the grid; 

(B) policies to ensure there is a viable and independent 

utility regulator; 

(C) strategies to ensure utilities become or remain 

creditworthy; 

(D) regulations that permit the participation of independent power producers and private-public partnerships; 

(E) policies that encourage private sector and cooperative investment in power generation; 

(F) policies that ensure compensation for power provided to the electrical grid by on-site producers; 

(G) policies to unbundle power services; 

(H) regulations to eliminate conflicts of interest in 

the utility sector; 

(I) efforts to develop standardized power purchase 

agreements and other contracts to streamline project 

development; 

(J) efforts to negotiate and monitor compliance with 

power purchase agreements and other contracts entered 

into with the private sector; and 

(K) policies that promote local community consultation 

with respect to the development of power generation and 

transmission projects. 

(7) A description of plans to ensure meaningful local consultation, as appropriate, in the planning, long-term maintenance, and management of investments designed to increase 

access to power in sub-Saharan Africa. 

(8) A description of the mechanisms to be established for— 

(A) selection of partner countries for focused engagement on the power sector; 

(B) monitoring and evaluating increased access to, and 

reliability and affordability of, power in sub-Saharan Africa; 

Analysis. 

Recommendations. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–121—FEB. 8, 2016 130 STAT. 89 

(C) maximizing the financial sustainability of power 

generation, transmission, and distribution in sub-Saharan 

Africa; 

(D) establishing metrics to demonstrate progress on 

meeting goals relating to access to power, power generation, 

and distribution in sub-Saharan Africa; and 

(E) terminating unsuccessful programs. 

(9) A description of how the President intends to promote 

trade in electrical equipment with countries in sub-Saharan 

Africa, including a description of how the government of each 

country receiving assistance pursuant to the strategy— 

(A) plans to lower or eliminate import tariffs or other 

taxes for energy and other power production and distribution technologies destined for sub-Saharan Africa, including 

equipment used to provide energy access, including solar 

lanterns, solar home systems, and micro and mini grids; 

and 

(B) plans to protect the intellectual property of companies designing and manufacturing products that can be 

used to provide energy access in sub-Saharan Africa. 

(10) A description of how the President intends to encourage the growth of distributed renewable energy markets in 

sub-Saharan Africa, including off-grid lighting and power, that 

includes— 

(A) an analysis of the state of distributed renewable 

energy in sub-Saharan Africa; 

(B) a description of market barriers to the deployment 

of distributed renewable energy technologies both on- and 

off-grid in sub-Saharan Africa; 

(C) an analysis of the efficacy of efforts by the Overseas 

Private Investment Corporation and the United States 

Agency for International Development to facilitate the 

financing of the importation, distribution, sale, leasing, 

or marketing of distributed renewable energy technologies; 

and 

(D) a description of how bolstering distributed renewable energy can enhance the overall effort to increase power 

access in sub-Saharan Africa. 

(11) A description of plans to ensure that small and medium 

enterprises based in sub-Saharan Africa can fairly compete 

for energy development and energy access opportunities associated with this Act. 

(12) A description of how United States investments to 

increase access to energy in sub-Saharan Africa may reduce 

the need for foreign aid and development assistance in the 

future. 

(13) A description of policies or regulations, both domestically and internationally, that create barriers to private 

financing of the projects undertaken in this Act. 

(14) A description of the specific national security benefits 

to the United States that will be derived from increased energy 

access in sub-Saharan Africa. 

(c) INTERAGENCY WORKING GROUP.— 

(1) IN GENERAL.—The President may, as appropriate, establish an Interagency Working Group to coordinate the activities 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 90 PUBLIC LAW 114–121—FEB. 8, 2016 

of relevant United States Government departments and agencies involved in carrying out the strategy required under this 

section. 

(2) FUNCTIONS.—The Interagency Working Group may, 

among other things— 

(A) seek to coordinate the activities of the United 

States Government departments and agencies involved in 

implementing the strategy required under this section; 

(B) ensure efficient and effective coordination between 

participating departments and agencies; and 

(C) facilitate information sharing, and coordinate partnerships between the United States Government, the private sector, and other development partners to achieve 

the goals of the strategy. 

SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR POWER 

PROJECTS IN SUB-SAHARAN AFRICA BY KEY UNITED STATES 

INSTITUTIONS. 

(a) IN GENERAL.—In pursuing the policy goals described in 

section 3, the Administrator of the United States Agency for International Development, the Director of the Trade and Development 

Agency, the Overseas Private Investment Corporation, and the 

Chief Executive Officer and Board of Directors of the Millennium 

Challenge Corporation should, as appropriate, prioritize and expedite institutional efforts and assistance to facilitate the involvement 

of such institutions in power projects and markets, both on- and 

off-grid, in sub-Saharan Africa and partner with other investors 

and local institutions in sub-Saharan Africa, including private sector 

actors, to specifically increase access to reliable, affordable, and 

sustainable power in sub-Saharan Africa, including through— 

(1) maximizing the number of people with new access to 

power and power services; 

(2) improving and expanding the generation, transmission 

and distribution of power; 

(3) providing reliable power to people and businesses in 

urban and rural communities; 

(4) addressing the energy needs of marginalized people 

living in areas where there is little or no access to a power 

grid and developing plans to systematically increase coverage 

in rural areas; 

(5) reducing transmission and distribution losses and 

improving end-use efficiency and demand-side management; 

(6) reducing energy-related impediments to business 

productivity and investment; and 

(7) building the capacity of countries in sub-Saharan Africa 

to monitor and appropriately and transparently regulate the 

power sector and encourage private investment in power 

production and distribution. 

(b) EFFECTIVENESS MEASUREMENT.—In prioritizing and expediting institutional efforts and assistance pursuant to this section, 

as appropriate, such institutions shall use clear, accountable, and 

metric-based targets to measure the effectiveness of such guarantees 

and assistance in achieving the goals described in section 3. 

(c) PROMOTION OF USE OF PRIVATE FINANCING AND ASSISTANCE.—In carrying out policies under this section, such institutions 

shall promote the use of private financing and assistance and seek 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–121—FEB. 8, 2016 130 STAT. 91 

ways to remove barriers to private financing for projects and programs under this Act, including through charitable organizations. 

(d) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to authorize modifying or limiting the portfolio of the 

institutions covered by subsection (a) in other developing regions. 

SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. 

In implementing the strategy described in section 4, the President should direct the United States representatives to appropriate 

international bodies to use the influence of the United States, 

consistent with the broad development goals of the United States, 

to advocate that each such body— 

(1) commit to significantly increase efforts to promote 

investment in well-designed power sector and electrification 

projects in sub-Saharan Africa that increase energy access, 

in partnership with the private sector and consistent with 

the host countries’ absorptive capacity; 

(2) address energy needs of individuals and communities 

where access to an electricity grid is impractical or cost-prohibitive; 

(3) enhance coordination with the private sector in subSaharan 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 otherwise commercially viable 

projects; and 

(5) utilize clear, accountable, and metric-based targets to 

measure the effectiveness of such projects. 

SEC. 7. PROGRESS REPORT. 

(a) IN GENERAL.—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 strategy described in section 

4 that includes the following: 

(1) A report on United States programs supporting 

implementation of policy and legislative changes leading to 

increased power generation and access in sub-Saharan Africa, 

including a description of the number, type, and status of 

policy, regulatory, and legislative changes initiated or implemented as a result of programs funded or supported by the 

United States in countries in sub-Saharan Africa to support 

increased power generation and access after the date of the 

enactment of this Act. 

(2) A description of power projects receiving United States 

Government support and how such projects, including off-grid 

efforts, are intended to achieve the strategy described in section 

4. 

(3) For each project described in paragraph (2)— 

(A) a description of how the project fits into, or encourages modifications of, the national energy plan of the 

country in which the project will be carried out, including 

encouraging regulatory reform in that county; 

(B) an estimate of the total cost of the project to the 

consumer, the country in which the project will be carried 

out, and other investors; 

Cost estimate. 

President. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 92 PUBLIC LAW 114–121—FEB. 8, 2016 

LEGISLATIVE HISTORY—S. 2152: 

SENATE REPORTS: No. 114–176 (Comm. on Foreign Relations). 

CONGRESSIONAL RECORD: 

Vol. 161 (2015): Dec. 18, considered and passed Senate. 

Vol. 162 (2016): Feb. 1, considered and passed House. 

Æ 

(C) the amount of financing provided or guaranteed 

by the United States Government for the project; 

(D) an estimate of United States Government resources 

for the project, itemized by 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; 

(E) an estimate of the number and regional locations 

of individuals, communities, businesses, schools, and health 

facilities that have gained power connections as a result 

of the project, with a description of how the reliability, 

affordability, and sustainability of power has been 

improved as of the date of the report; 

(F) an assessment of the increase in the number of 

people and businesses with access to power, and in the 

operating electrical power capacity in megawatts as a result 

of the project between the date of the enactment of this 

Act and the date of the report; 

(G) a description of efforts to gain meaningful local 

consultation for projects associated with this Act and any 

significant estimated noneconomic effects of the efforts carried out pursuant to this Act; and 

(H) a description of the participation by small and 

medium enterprises based in sub-Saharan Africa on 

projects associated with this Act. 

Approved February 8, 2016. 

Assessment. 

Estimate. 

Project estimate. 


dkrause on DSKHT7XVN1PROD with PUBLAWS