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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2847

To encourage African countries provide first-time access to electricity 
and power services for at least 50,000,000 people in sub-Saharan Africa 
                                by 2020.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2015

  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

_______________________________________________________________________

                                 A BILL

 
To encourage African countries provide first-time access to electricity 
and power services for at least 50,000,000 people in sub-Saharan Africa 
                                by 2020.

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

   TITLE I--POLICIES TO IMPROVE ACCESS TO POWER IN SUB-SAHARAN AFRICA

SEC. 101. STATEMENT OF POLICY.

    Congress declares that it is the policy of the United States to 
partner, consult, and coordinate with the governments of sub-Saharan 
African countries, international organizations, African regional 
economic communities, cooperatives, and the private sector, in a 
concerted effort to--
            (1) promote first-time access to electricity 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 economic 
        growth;
            (3) promote reliable, affordable, and sustainable power in 
        urban areas (including small urban areas) to promote economic 
        growth and job creation;
            (4) promote efficient institutional platforms and financing 
        to provide 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 
        support long-term, market-based power generation and 
        distribution;
            (7) promote policies to displace kerosene lighting with 
        other technologies; and
            (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, as appropriate.

SEC. 102. DEVELOPMENT OF COMPREHENSIVE, INTEGRATED, 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 101.
            (2) Flexibility and responsiveness.--The President shall 
        ensure that the strategy required under paragraph (1) maintains 
        sufficient flexibility for and remains responsive to 
        technological innovation in the power sector.
            (3) Consolidation.--This Act shall apply to Power Africa 
        and the African Clean Energy Financing Initiative and other 
        United States programs and activities for increasing power 
        generation and transmission in sub-Saharan African countries.
    (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 Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate 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 electricity 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 electricity;
                    (E) maintain the affordability of electricity;
                    (F) maximize the financial sustainability of the 
                power sector; and
                    (G) improve access to electricity.
            (3) A description of plans to support efforts of countries 
        in sub-Saharan Africa to increase access to electricity 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 
        government waste and corruption and improve existing 
        electricity generation through the use of a broad 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) access to electricity, 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 long-
        term economic viability of power projects and to increase 
        access to electricity, 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 promote 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; and
                    (I) efforts to develop standardized power purchase 
                agreements and other contracts to streamline project 
                development, and efforts to negotiate and monitor 
                compliance with power purchase agreements and other 
                contracts entered into with the private sector.
            (7) A description of plans to ensure local consultation, as 
        appropriate, in the planning, long-term maintenance, and 
        management of investments designed to increase access to 
        electricity 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, electricity in 
                sub-Saharan Africa;
                    (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 electricity, 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 energy markets in sub-
        Saharan Africa, including off-grid lighting and power, that 
        includes--
                    (A) an analysis of the state of distributed energy 
                in sub-Saharan Africa;
                    (B) a description of market barriers to the 
                deployment of distributed energy technologies both on- 
                and off-grid in sub-Saharan Africa;
                    (C) an analysis of the efficacy of efforts by the 
                Millennium Challenge Corporation, the Overseas Private 
                Investment Corporation, the United States Agency for 
                International Development, and United States Trade and 
                Development Agency to facilitate the financing of the 
                importation, distribution, sale, leasing, or marketing 
                of distributed energy technologies; and
                    (D) a description of how bolstering distributed 
                energy can enhance the overall effort to increase power 
                access in sub-Saharan Africa.
    (c) Interagency Working Group.--
            (1) In general.--The President should, as appropriate, 
        establish an Interagency Working Group to coordinate the 
        activities of relevant United States Government departments and 
        agencies involved in carrying out the strategy required under 
        this section.
            (2) Functions.--The Interagency Working Group should, among 
        other things, seek to coordinate the activities of the United 
        States Government departments and agencies involved in 
        implementing the strategy required under this section, ensure 
        efficient and effective coordination between participating 
        departments and agencies, facilitate information sharing, and 
        coordinate partnerships between the United States Government, 
        the private sector, cooperation organizations, and other 
        development partners to achieve the goals of the strategy.

SEC. 103. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR POWER PROJECTS 
              IN SUB-SAHARAN AFRICA BY UNITED STATES GOVERNMENT 
              AGENCIES.

    (a) In General.--In implementing the policy described in section 
101 and the strategy under section 102, the Administrator of the United 
States Agency for International Development, the Director of the Trade 
and Development Agency, the President of the Overseas Private 
Investment Corporation, and the Chief Executive Officer and Board of 
Directors of the Millennium Challenge Corporation should prioritize and 
expedite institutional efforts and assistance for power projects and 
markets, both on- and off-grid, in sub-Saharan Africa and partner with 
other national government, private investors and local institutions in 
sub-Saharan Africa to 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 electricity services;
            (2) improving and expanding the generation, transmission, 
        and distribution of power;
            (3) provide reliable electricity to people and businesses 
        in urban and rural communities;
            (4) addressing the energy needs of people living in areas 
        where there is little or no access to a power grid and 
        developing cogent 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, the United States Government agencies described in 
subsection (a) shall use clear, accountable, and metric-based targets 
to measure the effectiveness of such guarantees and assistance in 
achieving the policies described in section 101. Each United States 
Government agency described in subsection (a) that provides financing 
or assistance to an electricity generation or transmission project 
pursuant to this Act, the Power Africa program, or the African Clean 
Energy Financing Initiative shall make available to the public in an 
accessible digital format the development impacts of each such project, 
utilizing quantifiable metrics to measure the increase in energy access 
at the individual household, enterprise, and community level.
    (c) Rule of Construction.--Nothing in this section may be construed 
to authorize modifying or limiting the portfolio of United States 
Government agencies described in subsection (a) with respect to other 
developing regions.

SEC. 104. LEVERAGING INTERNATIONAL SUPPORT.

    (a) In General.--In carrying out the strategy described in section 
102, 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) coordinate and cooperate with United States Government 
        agencies described in section 103(a);
            (3) address energy needs of individuals and communities 
        where access to an electricity grid is impractical or cost-
        prohibitive;
            (4) enhance coordination with the private sector in sub-
        Saharan Africa to increase access to electricity;
            (5) provide technical assistance to the regulatory 
        authorities of sub-Saharan African governments to remove 
        unnecessary barriers to investment in otherwise commercially 
        viable projects; and
            (6) utilize clear, accountable, and metric-based targets to 
        measure the effectiveness of such projects.
    (b) International Support.--The President should direct the heads 
of the United States Government agencies described in section 103(a) to 
coordinate assistance and financing with appropriate international 
bodies.

SEC. 105. PROGRESS REPORT.

    Not later than 3 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 102 and providing the financing and assistance 
describing in section 103 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 102.
            (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 
                country;
                    (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;
                    (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 Millennium Challenge Corporation, 
                the United States Trade and Development Agency, the 
                Overseas Private Investment Corporation, the United 
                States Agency for International Development, the 
                Department of the Treasury, or other appropriate United 
                States Government departments and agencies;
                    (E) an estimate of the number 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 electricity, 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; and
                    (G) a description of any significant estimated 
                noneconomic effects of the efforts carried out pursuant 
                to this Act.

           TITLE II--OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 201. EXTENSION OF ISSUING AUTHORITY.

    Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2195(a)(2)) is amended by striking ``2007'' and inserting ``2018''.

SEC. 202. TRANSPARENCY.

    The Overseas Private Investment Corporation shall--
            (1) publish in an accessible digital format measurable 
        development impacts of its investments, including appropriate 
        quantifiable metrics to measure energy access and the 
        individual household, enterprise, and community level; and
            (2) for all Corporation insurance, loans, loan guarantees 
        and other commitments, make available to the public in an 
        accessible digital format the recipient, amount, type, 
        location, duration of each commitment, a detailed description 
        of each project or activity supported by such commitment and 
        development impacts and results (determined using quantifiable 
        metrics) of each such projects or activity with digital links 
        to relevant reports and displays on an interactive map.

SEC. 203. BOARD COMPOSITION.

    (a) In General.--Section 233(b) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2193(b)) is amended by inserting after the sixth 
sentence the following new sentence: ``Of the eight such Directors, not 
more than five should be of the same political party.''.
    (b) Transition Rule.--In the case of the first two individuals 
serving as Directors of the Overseas Private Investment Corporation 
whose terms expire after the date of the enactment of this Act, the 
President shall appoint as a replacement for each such individual an 
individual who is a member of a political party other than the 
political party of the individual whose term as a Director expired.

SEC. 204. INVESTMENT ADVISORY COUNCIL.

    Section 233(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2193(e)) is amended to read as follows:
    ``(e) Investment Advisory Council.--
            ``(1) In general.--The investment advisory council should 
        make recommendations to the Board on how the Corporation can 
        facilitate greater support by the United States for private 
        sector investment with and in such areas in sub-Saharan Africa.
            ``(2) Termination.--The investment advisory council 
        described in paragraph (1) shall terminate on September 30 of 
        the third fiscal year after the date of the enactment of this 
        subsection.''.

SEC. 205. LOCAL CURRENCY GUARANTIES.

    (a) In General.--The Overseas Private Investment Corporation is 
temporarily authorized to issue local currency guarantees under section 
234(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 2194(h)) to 
African subsidiaries of foreign financial institutions if the issuance 
of such guarantees directly facilitates lending for power projects in 
sub-Saharan Africa by eligible investors.
    (b) Eligible Investor Defined.--In this section, the term 
``eligible investor'' means an eligible investor as defined in section 
238(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(c)).
    (c) Termination of Pilot Authority.--The temporary authority under 
subsection (a) shall terminate on September 30 of the third fiscal year 
after the date of the enactment of this Act.
    (d) Continued Validity of Existing Loans and Guarantees.--Any loans 
made or local currency guarantees issued pursuant to subsection (a) 
before the date specified in subsection (c) shall remain valid on and 
after that date.

SEC. 206. INSPECTOR GENERAL.

    Section 239(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2199(e)) is amended to read as follows:
    ``(e) Inspector General.--The President shall appoint and maintain 
an Inspector General in the Corporation, in accordance with the 
Inspector General Act of 1978 (5 U.S.C. App.).''.

SEC. 207. SYSTEMS.

    Section 237(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2197(d)) is amended in--
            (1) paragraph (2), by inserting ``, systems infrastructure 
        costs,'' after ``outside the Corporation''; and
            (2) paragraph (3), by inserting ``, systems infrastructure 
        costs,'' after ``project-specific transaction costs''.

SEC. 208. ANNUAL CONSUMER SATISFACTION SURVEY AND REPORT.

    (a) Survey.--
            (1) In general.--For each of calendar years 2016 through 
        2018, the Overseas Private Investment Corporation shall conduct 
        a survey of private entities that sponsor or are involved in 
        projects that are insured, reinsured, guaranteed, or financed 
        by the Corporation regarding the level of satisfaction of such 
        entities with the operations and procedures of the Corporation 
        with respect to such projects.
            (2) Priority.--The survey shall be primarily focused on 
        United States small businesses and businesses that sponsor or 
        are involved in projects with a cost of less than $20,000,000 
        (as adjusted for inflation).
    (b) Report.--
            (1) In general.--Not later than each of July 1, 2016, July 
        1, 2017, and July 1, 2018, the Corporation should submit to the 
        congressional committees specified in subparagraph (C) a report 
        on the results of the survey required under subsection (a).
            (2) Matters to be included.--The report should include the 
        Corporation's plans to revise its operations and procedures 
        based on concerns raised in the results of the survey, if 
        appropriate.
            (3) Form.--The report shall be submitted in unclassified 
        form and shall not disclose any confidential business 
        information.
            (4) Congressional committees specified.--The congressional 
        committees specified in this subparagraph are--
                    (A) the Committee on Appropriations and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    (B) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate.
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