I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electrify Africa Act 

5 of 2015’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to encourage the efforts 

8 of countries in sub-Saharan Africa to improve access to 

9 affordable and reliable electricity in Africa in order to 


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1 unlock the potential for economic growth, job creation, 

2 food security, improved health, education, and environ3 mental outcomes, and poverty reduction. 

4 TITLE I—POLICIES TO IMPROVE 

5 ACCESS TO POWER IN SUB-SA6 HARAN AFRICA 

7 SEC. 101. STATEMENT OF POLICY. 

8 Congress declares that it is the policy of the United 

9 States to partner, consult, and coordinate with the govern10 ments of sub-Saharan African countries, international or11 ganizations, African regional economic communities, co12 operatives, and the private sector, in a concerted effort 

13 to— 

14 (1) promote first-time access to electricity and 

15 power services for at least 50,000,000 people in sub16 Saharan Africa by 2020 in both urban and rural 

17 areas; 

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

19 additional megawatts of electrical power in sub-Sa20 haran Africa by 2020 using a broad mix of energy 

21 options to help reduce poverty, promote sustainable 

22 development, and drive economic growth; 

23 (3) promote reliable, affordable, and sustainable 

24 power in urban areas (including small urban areas) 

25 to promote economic growth and job creation; 


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1 (4) promote efficient institutional platforms and 

2 financing to provide electrical service to rural and 

3 underserved populations; 

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

5 including facilitating public-private partnerships spe6 cifically to support electricity access projects to 

7 make such expansion of power access possible; 

8 (6) promote reforms of power production, deliv9 ery, and pricing, as well as regulatory reforms and 

10 transparency, to support long-term, market-based 

11 power generation and distribution; 

12 (7) promote policies to displace kerosene light13 ing with other technologies; and 

14 (8) promote an all-of-the-above energy develop15 ment strategy for sub-Saharan Africa that includes 

16 the use of oil, natural gas, coal, hydroelectric, wind, 

17 solar, and geothermal power, and other sources of 

18 energy, as appropriate. 

19 SEC. 102. DEVELOPMENT OF COMPREHENSIVE, INTE20 GRATED, MULTIYEAR STRATEGY. 

21 (a) STRATEGY REQUIRED.— 

22 (1) IN GENERAL.—The President shall establish 

23 a comprehensive, integrated, multiyear strategy to 

24 encourage the efforts of countries in sub-Saharan 

25 Africa to implement national power strategies and 


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1 develop an appropriate mix of power solutions to 

2 provide access to sufficient reliable, affordable, and 

3 sustainable power in order to reduce poverty and 

4 drive economic growth and job creation consistent 

5 with the policy stated in section 101. 

6 (2) FLEXIBILITY AND RESPONSIVENESS.—The 

7 President shall ensure that the strategy required 

8 under paragraph (1) maintains sufficient flexibility 

9 for and remains responsive to technological innova10 tion in the power sector. 

11 (3) CONSOLIDATION.—This Act shall apply to 

12 Power Africa and the African Clean Energy Financ13 ing Initiative and other United States programs and 

14 activities for increasing power generation and trans15 mission in sub-Saharan African countries. 

16 (b) REPORT REQUIRED.—Not later than 180 days 

17 after the date of the enactment of this Act, the President 

18 shall transmit to the Committee on Foreign Affairs of the 

19 House of Representatives and the Committee on Foreign 

20 Relations of the Senate a report that contains the strategy 

21 required under subsection (a) and includes a discussion 

22 of the following elements: 

23 (1) The objectives of the strategy and the cri24 teria for determining the success of the strategy. 


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1 (2) A general description of efforts in sub-Saha2 ran Africa to— 

3 (A) increase electricity production; 

4 (B) strengthen electrical transmission and 

5 distribution infrastructure; 

6 (C) provide for regulatory reform and 

7 transparent and accountable governance and 

8 oversight; 

9 (D) improve the reliability of electricity; 

10 (E) maintain the affordability of elec11 tricity; 

12 (F) maximize the financial sustainability of 

13 the power sector; and 

14 (G) improve access to electricity. 

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

16 countries in sub-Saharan Africa to increase access to 

17 electricity in urban and rural areas, including a de18 scription of plans designed to address commercial, 

19 industrial, and residential needs. 

20 (4) A description of plans to support efforts to 

21 reduce government waste and corruption and im22 prove existing electricity generation through the use 

23 of a broad power mix, including fossil fuel and re24 newable energy, distributed generation models, enVerDate Sep 11 2014 23:45 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2847.IH H2847

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1 ergy efficiency, and other technological innovations, 

2 as appropriate. 

3 (5) An analysis of existing mechanisms for en4 suring, and recommendations to promote— 

5 (A) commercial cost recovery; 

6 (B) commercialization of electric service 

7 through distribution service providers, including 

8 cooperatives, to consumers; 

9 (C) improvements in revenue cycle man10 agement, power pricing, and fees assessed for 

11 service contracts and connections; 

12 (D) reductions in technical losses and com13 mercial losses; and 

14 (E) access to electricity, including rec15 ommendations on the creation of new service 

16 provider models that mobilize community par17 ticipation in the provision of power services. 

18 (6) A description of the reforms being under19 taken or planned by countries in sub-Saharan Africa 

20 to ensure the long-term economic viability of power 

21 projects and to increase access to electricity, includ22 ing— 

23 (A) reforms designed to allow third parties 

24 to connect power generation to the grid; 


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

2 independent utility regulator; 

3 (C) strategies to ensure utilities become or 

4 remain creditworthy; 

5 (D) regulations that permit the participa6 tion of independent power producers and pri7 vate-public partnerships; 

8 (E) policies that encourage private sector 

9 and cooperative investment in power generation; 

10 (F) policies that promote compensation for 

11 power provided to the electrical grid by on-site 

12 producers; 

13 (G) policies to unbundle power services; 

14 (H) regulations to eliminate conflicts of in15 terest in the utility sector; and 

16 (I) efforts to develop standardized power 

17 purchase agreements and other contracts to 

18 streamline project development, and efforts to 

19 negotiate and monitor compliance with power 

20 purchase agreements and other contracts en21 tered into with the private sector. 

22 (7) A description of plans to ensure local con23 sultation, as appropriate, in the planning, long-term 

24 maintenance, and management of investments deVerDate Sep 11 2014 23:45 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2847.IH H2847

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1 signed to increase access to electricity in sub-Saha2 ran Africa. 

3 (8) A description of the mechanisms to be es4 tablished for— 

5 (A) selection of partner countries for fo6 cused engagement on the power sector; 

7 (B) monitoring and evaluating increased 

8 access to, and reliability and affordability of, 

9 electricity in sub-Saharan Africa; 

10 (C) maximizing the financial sustainability 

11 of power generation, transmission, and distribu12 tion in sub-Saharan Africa; 

13 (D) establishing metrics to demonstrate 

14 progress on meeting goals relating to access to 

15 electricity, power generation, and distribution in 

16 sub-Saharan Africa; and 

17 (E) terminating unsuccessful programs. 

18 (9) A description of how the President intends 

19 to promote trade in electrical equipment with coun20 tries in sub-Saharan Africa, including a description 

21 of how the government of each country receiving as22 sistance pursuant to the strategy— 

23 (A) plans to lower or eliminate import tar24 iffs or other taxes for energy and other power 

25 production and distribution technologies desVerDate Sep 11 2014 23:45 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2847.IH H2847

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1 tined for sub-Saharan Africa, including equip2 ment used to provide energy access, including 

3 solar lanterns, solar home systems, and micro 

4 and mini grids; and 

5 (B) plans to protect the intellectual prop6 erty of companies designing and manufacturing 

7 products that can be used to provide energy ac8 cess in sub-Saharan Africa. 

9 (10) A description of how the President intends 

10 to encourage the growth of distributed energy mar11 kets in sub-Saharan Africa, including off-grid light12 ing and power, that includes— 

13 (A) an analysis of the state of distributed 

14 energy in sub-Saharan Africa; 

15 (B) a description of market barriers to the 

16 deployment of distributed energy technologies 

17 both on- and off-grid in sub-Saharan Africa; 

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

19 the Millennium Challenge Corporation, the 

20 Overseas Private Investment Corporation, the 

21 United States Agency for International Devel22 opment, and United States Trade and Develop23 ment Agency to facilitate the financing of the 

24 importation, distribution, sale, leasing, or mar25 keting of distributed energy technologies; and 


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1 (D) a description of how bolstering distrib2 uted energy can enhance the overall effort to in3 crease power access in sub-Saharan Africa. 

4 (c) INTERAGENCY WORKING GROUP.— 

5 (1) IN GENERAL.—The President should, as ap6 propriate, establish an Interagency Working Group 

7 to coordinate the activities of relevant United States 

8 Government departments and agencies involved in 

9 carrying out the strategy required under this sec10 tion. 

11 (2) FUNCTIONS.—The Interagency Working 

12 Group should, among other things, seek to coordi13 nate the activities of the United States Government 

14 departments and agencies involved in implementing 

15 the strategy required under this section, ensure effi16 cient and effective coordination between partici17 pating departments and agencies, facilitate informa18 tion sharing, and coordinate partnerships between 

19 the United States Government, the private sector, 

20 cooperation organizations, and other development 

21 partners to achieve the goals of the strategy. 


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1 SEC. 103. PRIORITIZATION OF EFFORTS AND ASSISTANCE 

2 FOR POWER PROJECTS IN SUB-SAHARAN AF3 RICA BY UNITED STATES GOVERNMENT 

4 AGENCIES. 

5 (a) IN GENERAL.—In implementing the policy de6 scribed in section 101 and the strategy under section 102, 

7 the Administrator of the United States Agency for Inter8 national Development, the Director of the Trade and De9 velopment Agency, the President of the Overseas Private 

10 Investment Corporation, and the Chief Executive Officer 

11 and Board of Directors of the Millennium Challenge Cor12 poration should prioritize and expedite institutional efforts 

13 and assistance for power projects and markets, both on14 and off-grid, in sub-Saharan Africa and partner with other 

15 national government, private investors and local institu16 tions in sub-Saharan Africa to increase access to reliable, 

17 affordable, and sustainable power in sub-Saharan Africa, 

18 including through— 

19 (1) maximizing the number of people with new 

20 access to power and electricity services; 

21 (2) improving and expanding the generation, 

22 transmission, and distribution of power; 

23 (3) provide reliable electricity to people and 

24 businesses in urban and rural communities; 

25 (4) addressing the energy needs of people living 

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


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1 grid and developing cogent plans to systematically 

2 increase coverage in rural areas; 

3 (5) reducing transmission and distribution 

4 losses and improving end-use efficiency and demand5 side management; 

6 (6) reducing energy-related impediments to 

7 business productivity and investment; and 

8 (7) building the capacity of countries in sub-Sa9 haran Africa to monitor and appropriately and 

10 transparently regulate the power sector and encour11 age private investment in power production and dis12 tribution. 

13 (b) EFFECTIVENESS MEASUREMENT.—In 

14 prioritizing and expediting institutional efforts and assist15 ance pursuant to this section, as appropriate, the United 

16 States Government agencies described in subsection (a) 

17 shall use clear, accountable, and metric-based targets to 

18 measure the effectiveness of such guarantees and assist19 ance in achieving the policies described in section 101. 

20 Each United States Government agency described in sub21 section (a) that provides financing or assistance to an elec22 tricity generation or transmission project pursuant to this 

23 Act, the Power Africa program, or the African Clean En24 ergy Financing Initiative shall make available to the public 

25 in an accessible digital format the development impacts 


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1 of each such project, utilizing quantifiable metrics to 

2 measure the increase in energy access at the individual 

3 household, enterprise, and community level. 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to authorize modifying or limiting 

6 the portfolio of United States Government agencies de7 scribed in subsection (a) with respect to other developing 

8 regions. 

9 SEC. 104. LEVERAGING INTERNATIONAL SUPPORT. 

10 (a) IN GENERAL.—In carrying out the strategy de11 scribed in section 102, the President should direct the 

12 United States representatives to appropriate international 

13 bodies to use the influence of the United States, consistent 

14 with the broad development goals of the United States, 

15 to advocate that each such body— 

16 (1) commit to significantly increase efforts to 

17 promote investment in well-designed power sector 

18 and electrification projects in sub-Saharan Africa 

19 that increase energy access, in partnership with the 

20 private sector and consistent with the host countries’ 

21 absorptive capacity; 

22 (2) coordinate and cooperate with United States 

23 Government agencies described in section 103(a); 


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1 (3) address energy needs of individuals and 

2 communities where access to an electricity grid is 

3 impractical or cost-prohibitive; 

4 (4) enhance coordination with the private sector 

5 in sub-Saharan Africa to increase access to elec6 tricity; 

7 (5) provide technical assistance to the regu8 latory authorities of sub-Saharan African govern9 ments to remove unnecessary barriers to investment 

10 in otherwise commercially viable projects; and 

11 (6) utilize clear, accountable, and metric-based 

12 targets to measure the effectiveness of such projects. 

13 (b) INTERNATIONAL SUPPORT.—The President 

14 should direct the heads of the United States Government 

15 agencies described in section 103(a) to coordinate assist16 ance and financing with appropriate international bodies. 

17 SEC. 105. PROGRESS REPORT. 

18 Not later than 3 years after the date of the enact19 ment of this Act, the President shall transmit to the Com20 mittee on Foreign Affairs of the House of Representatives 

21 and the Committee on Foreign Relations of the Senate 

22 a report on progress made toward achieving the strategy 

23 described in section 102 and providing the financing and 

24 assistance describing in section 103 that includes the fol25 lowing: 


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1 (1) A report on United States programs sup2 porting implementation of policy and legislative 

3 changes leading to increased power generation and 

4 access in sub-Saharan Africa, including a description 

5 of the number, type, and status of policy, regulatory, 

6 and legislative changes initiated or implemented as 

7 a result of programs funded or supported by the 

8 United States in countries in sub-Saharan Africa to 

9 support increased power generation and access after 

10 the date of the enactment of this Act. 

11 (2) A description of power projects receiving 

12 United States Government support and how such 

13 projects, including off-grid efforts, are intended to 

14 achieve the strategy described in section 102. 

15 (3) For each project described in paragraph 

16 (2)— 

17 (A) a description of how the project fits 

18 into, or encourages modifications of, the na19 tional energy plan of the country in which the 

20 project will be carried out, including encour21 aging regulatory reform in that country; 

22 (B) an estimate of the total cost of the 

23 project to the consumer, the country in which 

24 the project will be carried out, and other inves25 tors; 


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1 (C) the amount of financing provided or 

2 guaranteed by the United States Government 

3 for the project; 

4 (D) an estimate of United States Govern5 ment resources for the project, itemized by 

6 funding source, including from the Millennium 

7 Challenge Corporation, the United States Trade 

8 and Development Agency, the Overseas Private 

9 Investment Corporation, the United States 

10 Agency for International Development, the De11 partment of the Treasury, or other appropriate 

12 United States Government departments and 

13 agencies; 

14 (E) an estimate of the number of individ15 uals, communities, businesses, schools, and 

16 health facilities that have gained power connec17 tions as a result of the project, with a descrip18 tion of how the reliability, affordability, and 

19 sustainability of power has been improved as of 

20 the date of the report; 

21 (F) an assessment of the increase in the 

22 number of people and businesses with access to 

23 electricity, and in the operating electrical power 

24 capacity in megawatts as a result of the project 


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1 between the date of the enactment of this Act 

2 and the date of the report; and 

3 (G) a description of any significant esti4 mated noneconomic effects of the efforts carried 

5 out pursuant to this Act. 

6 TITLE II—OVERSEAS PRIVATE 

7 INVESTMENT CORPORATION 

8 SEC. 201. EXTENSION OF ISSUING AUTHORITY. 

9 Section 235(a)(2) of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2195(a)(2)) is amended by striking 

11 ‘‘2007’’ and inserting ‘‘2018’’. 

12 SEC. 202. TRANSPARENCY. 

13 The Overseas Private Investment Corporation shall— 

14 (1) publish in an accessible digital format meas15 urable development impacts of its investments, in16 cluding appropriate quantifiable metrics to measure 

17 energy access and the individual household, enter18 prise, and community level; and 

19 (2) for all Corporation insurance, loans, loan 

20 guarantees and other commitments, make available 

21 to the public in an accessible digital format the re22 cipient, amount, type, location, duration of each 

23 commitment, a detailed description of each project 

24 or activity supported by such commitment and devel25 opment impacts and results (determined using quanVerDate Sep 11 2014 23:45 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2847.IH H2847

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1 tifiable metrics) of each such projects or activity 

2 with digital links to relevant reports and displays on 

3 an interactive map. 

4 SEC. 203. BOARD COMPOSITION. 

5 (a) IN GENERAL.—Section 233(b) of the Foreign As6 sistance Act of 1961 (22 U.S.C. 2193(b)) is amended by 

7 inserting after the sixth sentence the following new sen8 tence: ‘‘Of the eight such Directors, not more than five 

9 should be of the same political party.’’. 

10 (b) TRANSITION RULE.—In the case of the first two 

11 individuals serving as Directors of the Overseas Private 

12 Investment Corporation whose terms expire after the date 

13 of the enactment of this Act, the President shall appoint 

14 as a replacement for each such individual an individual 

15 who is a member of a political party other than the polit16 ical party of the individual whose term as a Director ex17 pired. 

18 SEC. 204. INVESTMENT ADVISORY COUNCIL. 

19 Section 233(e) of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2193(e)) is amended to read as follows: 

21 ‘‘(e) INVESTMENT ADVISORY COUNCIL.— 

22 ‘‘(1) IN GENERAL.—The investment advisory 

23 council should make recommendations to the Board 

24 on how the Corporation can facilitate greater supVerDate Sep 11 2014 23:45 Jun 25, 2015 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2847.IH H2847

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1 port by the United States for private sector invest2 ment with and in such areas in sub-Saharan Africa. 

3 ‘‘(2) TERMINATION.—The investment advisory 

4 council described in paragraph (1) shall terminate 

5 on September 30 of the third fiscal year after the 

6 date of the enactment of this subsection.’’. 

7 SEC. 205. LOCAL CURRENCY GUARANTIES. 

8 (a) IN GENERAL.—The Overseas Private Investment 

9 Corporation is temporarily authorized to issue local cur10 rency guarantees under section 234(h) of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2194(h)) to African sub12 sidiaries of foreign financial institutions if the issuance of 

13 such guarantees directly facilitates lending for power 

14 projects in sub-Saharan Africa by eligible investors. 

15 (b) ELIGIBLE INVESTOR DEFINED.—In this section, 

16 the term ‘‘eligible investor’’ means an eligible investor as 

17 defined in section 238(c) of the Foreign Assistance Act 

18 of 1961 (22 U.S.C. 2198(c)). 

19 (c) TERMINATION OF PILOT AUTHORITY.—The tem20 porary authority under subsection (a) shall terminate on 

21 September 30 of the third fiscal year after the date of 

22 the enactment of this Act. 

23 (d) CONTINUED VALIDITY OF EXISTING LOANS AND

24 GUARANTEES.—Any loans made or local currency guaran25 tees issued pursuant to subsection (a) before the date 


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1 specified in subsection (c) shall remain valid on and after 

2 that date. 

3 SEC. 206. INSPECTOR GENERAL. 

4 Section 239(e) of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2199(e)) is amended to read as follows: 

6 ‘‘(e) INSPECTOR GENERAL.—The President shall ap7 point and maintain an Inspector General in the Corpora8 tion, in accordance with the Inspector General Act of 1978 

9 (5 U.S.C. App.).’’. 

10 SEC. 207. SYSTEMS. 

11 Section 237(d) of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2197(d)) is amended in— 

13 (1) paragraph (2), by inserting ‘‘, systems in14 frastructure costs,’’ after ‘‘outside the Corporation’’; 

15 and 

16 (2) paragraph (3), by inserting ‘‘, systems in17 frastructure costs,’’ after ‘‘project-specific trans18 action costs’’. 

19 SEC. 208. ANNUAL CONSUMER SATISFACTION SURVEY AND 

20 REPORT. 

21 (a) SURVEY.— 

22 (1) IN GENERAL.—For each of calendar years 

23 2016 through 2018, the Overseas Private Invest24 ment Corporation shall conduct a survey of private 

25 entities that sponsor or are involved in projects that 


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1 are insured, reinsured, guaranteed, or financed by 

2 the Corporation regarding the level of satisfaction of 

3 such entities with the operations and procedures of 

4 the Corporation with respect to such projects. 

5 (2) PRIORITY.—The survey shall be primarily 

6 focused on United States small businesses and busi7 nesses that sponsor or are involved in projects with 

8 a cost of less than $20,000,000 (as adjusted for in9 flation). 

10 (b) REPORT.— 

11 (1) IN GENERAL.—Not later than each of July 

12 1, 2016, July 1, 2017, and July 1, 2018, the Cor13 poration should submit to the congressional commit14 tees specified in subparagraph (C) a report on the 

15 results of the survey required under subsection (a). 

16 (2) MATTERS TO BE INCLUDED.—The report 

17 should include the Corporation’s plans to revise its 

18 operations and procedures based on concerns raised 

19 in the results of the survey, if appropriate. 

20 (3) FORM.—The report shall be submitted in 

21 unclassified form and shall not disclose any con22 fidential business information. 

23 (4) CONGRESSIONAL COMMITTEES SPECI24 FIED.—The congressional committees specified in 

25 this subparagraph are— 


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1 (A) the Committee on Appropriations and 

2 the Committee on Foreign Affairs of the House 

3 of Representatives; and 

4 (B) the Committee on Appropriations and 

5 the Committee on Foreign Relations of the Sen6 ate. 

Æ 


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