II 

114TH CONGRESS 

1ST SESSION S. 2152 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2015 

Mr. CORKER (for himself, Mr. CARDIN, Mr. RUBIO, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

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. 

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


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 2152 IS

1 SECTION 1. SHORT TITLE. 

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

3 of 2015’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to encourage the efforts 

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

7 affordable and reliable electricity in Africa in order to 

8 unlock the potential for economic growth, job creation, 

9 food security, improved health, education, and environ10 mental outcomes, and poverty reduction. 

11 SEC. 3. STATEMENT OF POLICY. 

12 It is the policy of the United States to partner, con13 sult, and coordinate with the governments of sub-Saharan 

14 African countries, international financial institutions, and 

15 African regional economic communities, cooperatives, and 

16 the private sector, in a concerted effort to— 

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

18 power services for at least 50,000,000 people in sub19 Saharan Africa by 2020 in both urban and rural 

20 areas; 

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

22 additional megawatts of electrical power in sub-Sa23 haran Africa by 2020 using a broad mix of energy 

24 options to help reduce poverty, promote sustainable 

25 development, and drive economic growth; 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 2152 IS

1 (3) promote reliable, affordable, and sustainable 

2 power in urban areas (including small urban areas) 

3 to promote economic growth and job creation; 

4 (4) promote policies to facilitate public-private 

5 partnerships to provide electrical service to rural and 

6 underserved populations; 

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

8 including facilitating public-private partnerships spe9 cifically to support electricity access projects to 

10 make such expansion of power access possible; 

11 (6) promote reforms of power production, deliv12 ery, and pricing, as well as regulatory reforms and 

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

14 power generation and distribution; 

15 (7) promote policies to displace kerosene light16 ing with other technologies; and 

17 (8) promote an all-of-the-above energy develop18 ment strategy for sub-Saharan Africa that includes 

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

20 solar, and geothermal power, and other sources of 

21 energy. 

22 SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR 

23 STRATEGY. 

24 (a) STRATEGY REQUIRED.— 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•S 2152 IS

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

2 a comprehensive, integrated, multiyear strategy to 

3 encourage the efforts of countries in sub-Saharan 

4 Africa to implement national power strategies and 

5 develop an appropriate mix of power solutions to 

6 provide access to sufficient reliable, affordable, and 

7 sustainable power in order to reduce poverty and 

8 drive economic growth and job creation consistent 

9 with the policy stated in section 3. 

10 (2) FLEXIBILITY AND RESPONSIVENESS.—The 

11 President shall ensure that the strategy required 

12 under paragraph (1) maintains sufficient flexibility 

13 for and remains responsive to technological innova14 tion in the power sector. 

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

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

17 shall transmit to the Committee on Foreign Relations of 

18 the Senate and the Committee on Foreign Affairs of the 

19 House of Representatives a report that contains the strat20 egy required under subsection (a) and includes a discus21 sion of the following elements: 

22 (1) The objectives of the strategy and the cri23 teria for determining the success of the strategy. 

24 (2) A general description of efforts in sub-Saha25 ran Africa to— 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•S 2152 IS

1 (A) increase power production; 

2 (B) strengthen electrical transmission and 

3 distribution infrastructure; 

4 (C) provide for regulatory reform and 

5 transparent and accountable governance and 

6 oversight; 

7 (D) improve the reliability of power; 

8 (E) maintain the affordability of power; 

9 (F) maximize the financial sustainability of 

10 the power sector; and 

11 (G) improve access to power. 

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

13 countries in sub-Saharan Africa to increase access to 

14 power in urban and rural areas, including a descrip15 tion of plans designed to address commercial, indus16 trial, and residential needs. 

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

18 reduce waste and corruption and improve existing 

19 power generation through the use of a broad power 

20 mix, including fossil fuel and renewable energy, dis21 tributed generation models, energy efficiency, and 

22 other technological innovations, as appropriate. 

23 (5) An analysis of existing mechanisms for en24 suring, and recommendations to promote— 

25 (A) commercial cost recovery; 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•S 2152 IS

1 (B) commercialization of electric service 

2 through distribution service providers, including 

3 cooperatives, to consumers; 

4 (C) improvements in revenue cycle man5 agement, power pricing, and fees assessed for 

6 service contracts and connections; 

7 (D) reductions in technical losses and com8 mercial losses; and 

9 (E) access to power, including rec10 ommendations on the creation of new service 

11 provider models that mobilize community par12 ticipation in the provision of power services. 

13 (6) A description of the reforms being under14 taken or planned by countries in sub-Saharan Africa 

15 to ensure the long-term economic viability of power 

16 projects and to increase access to power, including— 

17 (A) reforms designed to allow third parties 

18 to connect power generation to the grid; 

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

20 independent utility regulator; 

21 (C) strategies to ensure utilities become or 

22 remain creditworthy; 

23 (D) regulations that permit the participa24 tion of independent power producers and pri25 vate-public partnerships; 


tkelley on DSK3SPTVN1PROD with BILLS
7 

•S 2152 IS

1 (E) policies that encourage private sector 

2 and cooperative investment in power generation; 

3 (F) policies that ensure compensation for 

4 power provided to the electrical grid by on-site 

5 producers; 

6 (G) policies to unbundle power services; 

7 (H) regulations to eliminate conflicts of in8 terest in the utility sector; 

9 (I) efforts to develop standardized power 

10 purchase agreements and other contracts to 

11 streamline project development; and 

12 (J) efforts to negotiate and monitor com13 pliance with power purchase agreements and 

14 other contracts entered into with the private 

15 sector. 

16 (7) A description of plans to ensure meaningful 

17 local consultation, as appropriate, in the planning, 

18 long-term maintenance, and management of invest19 ments designed to increase access to power in sub20 Saharan Africa. 

21 (8) A description of the mechanisms to be es22 tablished for— 

23 (A) selection of partner countries for fo24 cused engagement on the power sector; 


tkelley on DSK3SPTVN1PROD with BILLS
8 

•S 2152 IS

1 (B) monitoring and evaluating increased 

2 access to, and reliability and affordability of, 

3 power in sub-Saharan Africa; 

4 (C) maximizing the financial sustainability 

5 of power generation, transmission, and distribu6 tion in sub-Saharan Africa; 

7 (D) establishing metrics to demonstrate 

8 progress on meeting goals relating to access to 

9 power, power generation, and distribution in 

10 sub-Saharan Africa; and 

11 (E) terminating unsuccessful programs. 

12 (9) A description of how the President intends 

13 to promote trade in electrical equipment with coun14 tries in sub-Saharan Africa, including a description 

15 of how the government of each country receiving as16 sistance pursuant to the strategy— 

17 (A) plans to lower or eliminate import tar18 iffs or other taxes for energy and other power 

19 production and distribution technologies des20 tined for sub-Saharan Africa, including equip21 ment used to provide energy access, including 

22 solar lanterns, solar home systems, and micro 

23 and mini grids; and 

24 (B) plans to protect the intellectual prop25 erty of companies designing and manufacturing 


tkelley on DSK3SPTVN1PROD with BILLS
9 

•S 2152 IS

1 products that can be used to provide energy ac2 cess in sub-Saharan Africa. 

3 (10) A description of how the President intends 

4 to encourage the growth of distributed renewable en5 ergy markets in sub-Saharan Africa, including off6 grid lighting and power, that includes— 

7 (A) an analysis of the state of distributed 

8 renewable energy in sub-Saharan Africa; 

9 (B) a description of market barriers to the 

10 deployment of distributed renewable energy 

11 technologies both on- and off-grid in sub-Saha12 ran Africa; 

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

14 the Overseas Private Investment Corporation 

15 and the United States Agency for International 

16 Development to facilitate the financing of the 

17 importation, distribution, sale, leasing, or mar18 keting of distributed renewable energy tech19 nologies; and 

20 (D) a description of how bolstering distrib21 uted renewable energy can enhance the overall 

22 effort to increase power access in sub-Saharan 

23 Africa. 

24 (11) A description of plans to ensure that small 

25 and medium enterprises based in sub-Saharan Africa 


tkelley on DSK3SPTVN1PROD with BILLS
10 

•S 2152 IS

1 can fairly compete for energy development and en2 ergy access opportunities associated with this Act. 

3 (c) INTERAGENCY WORKING GROUP.— 

4 (1) IN GENERAL.—The President may, as ap5 propriate, establish an Interagency Working Group 

6 to coordinate the activities of relevant United States 

7 Government departments and agencies involved in 

8 carrying out the strategy required under this sec9 tion. 

10 (2) FUNCTIONS.—The Interagency Working 

11 Group may, among other things— 

12 (A) seek to coordinate the activities of the 

13 United States Government departments and 

14 agencies involved in implementing the strategy 

15 required under this section; 

16 (B) ensure efficient and effective coordina17 tion between participating departments and 

18 agencies; and 

19 (C) facilitate information sharing, and co20 ordinate partnerships between the United 

21 States Government, the private sector, and 

22 other development partners to achieve the goals 

23 of the strategy. 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•S 2152 IS

1 SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE 

2 FOR POWER PROJECTS IN SUB-SAHARAN AF3 RICA BY KEY UNITED STATES INSTITUTIONS. 

4 (a) IN GENERAL.—In pursuing the policy goals de5 scribed in section 3, the Administrator of the United 

6 States Agency for International Development, the Director 

7 of the Trade and Development Agency, the Overseas Pri8 vate Investment Corporation, and the Chief Executive Of9 ficer and Board of Directors of the Millennium Challenge 

10 Corporation should, as appropriate, prioritize and expedite 

11 institutional efforts and assistance to facilitate the involve12 ment of such institutions in power projects and markets, 

13 both on- and off-grid, in sub-Saharan Africa and partner 

14 with other investors and local institutions in sub-Saharan 

15 Africa, including private sector actors, to specifically in16 crease access to reliable, affordable, and sustainable power 

17 in sub-Saharan Africa, including through— 

18 (1) maximizing the number of people with new 

19 access to power and power services; 

20 (2) improving and expanding the generation, 

21 transmission and distribution of power; 

22 (3) providing reliable power to people and busi23 nesses in urban and rural communities; 

24 (4) addressing the energy needs of people living 

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


tkelley on DSK3SPTVN1PROD with BILLS
12 

•S 2152 IS

1 grid and developing plans to systematically increase 

2 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 priori14 tizing and expediting institutional efforts and assistance 

15 pursuant to this section, as appropriate, such institutions 

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

17 measure the effectiveness of such guarantees and assist18 ance in achieving the goals described in section 3. 

19 (c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion may be construed to authorize modifying or limiting 

21 the portfolio of the institutions covered by subsection (a) 

22 in other developing regions. 

23 SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. 

24 In implementing the strategy described in section 4, 

25 the President should direct the United States representaVerDate Sep 11 2014 22:03 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2152.IS S2152

tkelley on DSK3SPTVN1PROD with BILLS
13 

•S 2152 IS

1 tives to appropriate international bodies to use the influ2 ence of the United States, consistent with the broad devel3 opment goals of the United States, to advocate that each 

4 such body— 

5 (1) commit to significantly increase efforts to 

6 promote investment in well-designed power sector 

7 and electrification projects in sub-Saharan Africa 

8 that increase energy access, in partnership with the 

9 private sector and consistent with the host countries’ 

10 absorptive capacity; 

11 (2) address energy needs of individuals and 

12 communities where access to an electricity grid is 

13 impractical or cost-prohibitive; 

14 (3) enhance coordination with the private sector 

15 in sub-Saharan Africa to increase access to elec16 tricity; 

17 (4) provide technical assistance to the regu18 latory authorities of sub-Saharan African govern19 ments to remove unnecessary barriers to investment 

20 in otherwise commercially viable projects; and 

21 (5) utilize clear, accountable, and metric-based 

22 targets to measure the effectiveness of such projects. 

23 SEC. 7. PROGRESS REPORT. 

24 (a) IN GENERAL.—Not later than three years after 

25 the date of the enactment of this Act, the President shall 


tkelley on DSK3SPTVN1PROD with BILLS
14 

•S 2152 IS

1 transmit to the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on Foreign 

3 Relations of the Senate a report on progress made toward 

4 achieving the strategy described in section 4 that includes 

5 the following: 

6 (1) A report on United States programs sup7 porting implementation of policy and legislative 

8 changes leading to increased power generation and 

9 access in sub-Saharan Africa, including a description 

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

11 and legislative changes initiated or implemented as 

12 a result of programs funded or supported by the 

13 United States in countries in sub-Saharan Africa to 

14 support increased power generation and access after 

15 the date of the enactment of this Act. 

16 (2) A description of power projects receiving 

17 United States Government support and how such 

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

19 achieve the strategy described in section 4. 

20 (3) For each project described in paragraph 

21 (2)— 

22 (A) a description of how the project fits 

23 into, or encourages modifications of, the na24 tional energy plan of the country in which the 


tkelley on DSK3SPTVN1PROD with BILLS
15 

•S 2152 IS

1 project will be carried out, including encour2 aging regulatory reform in that county; 

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

4 project to the consumer, the country in which 

5 the project will be carried out, and other inves6 tors; 

7 (C) the amount of financing provided or 

8 guaranteed by the United States Government 

9 for the project; 

10 (D) an estimate of United States Govern11 ment resources for the project, itemized by 

12 funding source, including from the Overseas 

13 Private Investment Corporation, the United 

14 States Agency for International Development, 

15 the Department of the Treasury, and other ap16 propriate United States Government depart17 ments and agencies; 

18 (E) an estimate of the number of individ19 uals, communities, businesses, schools, and 

20 health facilities that have gained power connec21 tions as a result of the project, with a descrip22 tion of how the reliability, affordability, and 

23 sustainability of power has been improved as of 

24 the date of the report; 


tkelley on DSK3SPTVN1PROD with BILLS
16 

•S 2152 IS

1 (F) an assessment of the increase in the 

2 number of people and businesses with access to 

3 power, and in the operating electrical power ca4 pacity in megawatts as a result of the project 

5 between the date of the enactment of this Act 

6 and the date of the report; 

7 (G) a description of efforts to gain mean8 ingful local consultation for projects associated 

9 with this Act and any significant estimated 

10 noneconomic effects of the efforts carried out 

11 pursuant to this Act; and 

12 (H) a description of the participation by 

13 small and medium enterprises based in sub-Sa14 haran Africa on projects associated with this 

15 Act. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS