II 

Calendar No. 291 

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, Mr. COONS, Ms. MURKOWSKI, Mr. FLAKE, Mr. ISAKSON, Mr. MARKEY, Mr. GRAHAM, Mr. 

DURBIN, Mr. GARDNER, Mr. ALEXANDER, Mr. BLUNT, Ms. COLLINS, 

Mr. KIRK, Mr. BOOZMAN, Mr. PETERS, Mrs. GILLIBRAND, and Mr. 

MCCAIN) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

NOVEMBER 5, 2015 

Reported by Mr. CORKER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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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, 

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 

10 unlock the potential for inclusive economic growth, job 

11 creation, food security, improved health, education, and 

12 environmental outcomes, and poverty reduction. 

13 SEC. 3. STATEMENT OF POLICY. 

14 It is the policy of the United States to partner, con15 sult, and coordinate with the governments of sub-Saharan 

16 African countries, international financial institutions, and 

17 African regional economic communities, cooperatives, and 

18 the private sector, in a concerted effort to— 

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

20 power services for at least 50,000,000 people in sub21 Saharan Africa by 2020 in both urban and rural 

22 areas; 

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

24 additional megawatts of electrical power in sub-SaVerDate Sep 11 2014 22:09 Nov 05, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2152.RS S2152

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1 haran Africa by 2020 using a broad mix of energy 

2 options to help reduce poverty, promote sustainable 

3 development, and drive inclusive economic growth; 

4 (3) promote non-discriminatory reliable, afford5 able, and sustainable power in urban areas (includ6 ing small urban areas) to promote economic growth 

7 and job creation; 

8 (4) promote policies to facilitate public-private 

9 partnerships to provide non-discriminatory reliable, 

10 sustainable, and affordable electrical service to rural 

11 and underserved populations; 

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

13 including facilitating public-private partnerships spe14 cifically to support electricity access projects to 

15 make such expansion of power access possible; 

16 (6) promote reforms of power production, deliv17 ery, and pricing, as well as regulatory reforms and 

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

19 power generation and distribution; 

20 (7) promote policies to displace kerosene light21 ing with other technologies; and 

22 (8) promote an all-of-the-above energy develop23 ment strategy for sub-Saharan Africa that includes 

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


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1 solar, and geothermal power, and other sources of 

2 energy. 

3 SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR 

4 STRATEGY. 

5 (a) STRATEGY REQUIRED.— 

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

7 a comprehensive, integrated, multiyear strategy to 

8 encourage the efforts of countries in sub-Saharan 

9 Africa to implement national power strategies and 

10 develop an appropriate mix of power solutions to 

11 provide access to sufficient reliable, affordable, and 

12 sustainable power in order to reduce poverty and 

13 drive economic growth and job creation consistent 

14 with the policy stated in section 3. 

15 (2) FLEXIBILITY AND RESPONSIVENESS.—The 

16 President shall ensure that the strategy required 

17 under paragraph (1) maintains sufficient flexibility 

18 for and remains responsive to concerns and interests 

19 of affected local communities and technological inno20 vation in the power sector. 

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

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

23 shall transmit to the Committee on Foreign Relations of 

24 the Senate and the Committee on Foreign Affairs of the 

25 House of Representatives a report that contains the stratVerDate Sep 11 2014 22:09 Nov 05, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2152.RS S2152

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1 egy required under subsection (a) and includes a discus2 sion of the following elements: 

3 (1) The objectives of the strategy and the cri4 teria for determining the success of the strategy. 

5 (2) A general description of efforts in sub-Saha6 ran Africa to— 

7 (A) increase power production; 

8 (B) strengthen electrical transmission and 

9 distribution infrastructure; 

10 (C) provide for regulatory reform and 

11 transparent and accountable governance and 

12 oversight; 

13 (D) improve the reliability of power; 

14 (E) maintain the affordability of power; 

15 (F) maximize the financial sustainability of 

16 the power sector; and 

17 (G) improve access to power non-discrimi18 natory access to power that is done in consulta19 tion with affected communities. 

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

21 countries in sub-Saharan Africa to increase access to 

22 power in urban and rural areas, including a descrip23 tion of plans designed to address commercial, indus24 trial, and residential needs. 


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

2 reduce waste and corruption, ensure local community 

3 consultation, and improve existing power generation 

4 through the use of a broad power mix, including fos5 sil fuel and renewable energy, distributed generation 

6 models, energy efficiency, and other technological in7 novations, as appropriate. 

8 (5) An analysis of existing mechanisms for en9 suring, and recommendations to promote— 

10 (A) commercial cost recovery; 

11 (B) commercialization of electric service 

12 through distribution service providers, including 

13 cooperatives, to consumers; 

14 (C) improvements in revenue cycle man15 agement, power pricing, and fees assessed for 

16 service contracts and connections; 

17 (D) reductions in technical losses and com18 mercial losses; and 

19 (E) non-discriminatory access to power, in20 cluding recommendations on the creation of new 

21 service provider models that mobilize commu22 nity participation in the provision of power 

23 services. 

24 (6) A description of the reforms being under25 taken or planned by countries in sub-Saharan Africa 


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1 to ensure the long-term economic viability of power 

2 projects and to increase access to power, including— 

3 (A) reforms designed to allow third parties 

4 to connect power generation to the grid; 

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

6 independent utility regulator; 

7 (C) strategies to ensure utilities become or 

8 remain creditworthy; 

9 (D) regulations that permit the participa10 tion of independent power producers and pri11 vate-public partnerships; 

12 (E) policies that encourage private sector 

13 and cooperative investment in power generation; 

14 (F) policies that ensure compensation for 

15 power provided to the electrical grid by on-site 

16 producers; 

17 (G) policies to unbundle power services; 

18 (H) regulations to eliminate conflicts of in19 terest in the utility sector; 

20 (I) efforts to develop standardized power 

21 purchase agreements and other contracts to 

22 streamline project development; and 

23 (J) efforts to negotiate and monitor com24 pliance with power purchase agreements and 


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1 other contracts entered into with the private 

2 sector. sector; and 

3 (K) policies that promote local community 

4 consultation with respect to the development of 

5 power generation and transmission projects. 

6 (7) A description of plans to ensure meaningful 

7 local consultation, as appropriate, in the planning, 

8 long-term maintenance, and management of invest9 ments designed to increase access to power in sub10 Saharan Africa. 

11 (8) A description of the mechanisms to be es12 tablished for— 

13 (A) selection of partner countries for fo14 cused engagement on the power sector; 

15 (B) monitoring and evaluating increased 

16 access to, and reliability and affordability of, 

17 power in sub-Saharan Africa; 

18 (C) maximizing the financial sustainability 

19 of power generation, transmission, and distribu20 tion in sub-Saharan Africa; 

21 (D) establishing metrics to demonstrate 

22 progress on meeting goals relating to access to 

23 power, power generation, and distribution in 

24 sub-Saharan Africa; and 

25 (E) terminating unsuccessful programs. 


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1 (9) A description of how the President intends 

2 to promote trade in electrical equipment with coun3 tries in sub-Saharan Africa, including a description 

4 of how the government of each country receiving as5 sistance pursuant to the strategy— 

6 (A) plans to lower or eliminate import tar7 iffs or other taxes for energy and other power 

8 production and distribution technologies des9 tined for sub-Saharan Africa, including equip10 ment used to provide energy access, including 

11 solar lanterns, solar home systems, and micro 

12 and mini grids; and 

13 (B) plans to protect the intellectual prop14 erty of companies designing and manufacturing 

15 products that can be used to provide energy ac16 cess in sub-Saharan Africa. 

17 (10) A description of how the President intends 

18 to encourage the growth of distributed renewable en19 ergy markets in sub-Saharan Africa, including off20 grid lighting and power, that includes— 

21 (A) an analysis of the state of distributed 

22 renewable energy in sub-Saharan Africa; 

23 (B) a description of market barriers to the 

24 deployment of distributed renewable energy 


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1 technologies both on- and off-grid in sub-Saha2 ran Africa; 

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

4 the Overseas Private Investment Corporation 

5 and the United States Agency for International 

6 Development to facilitate the financing of the 

7 importation, distribution, sale, leasing, or mar8 keting of distributed renewable energy tech9 nologies; and 

10 (D) a description of how bolstering distrib11 uted renewable energy can enhance the overall 

12 effort to increase power access in sub-Saharan 

13 Africa. 

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

15 and medium enterprises based in sub-Saharan Africa 

16 can fairly compete for energy development and en17 ergy access opportunities associated with this Act. 

18 (c) INTERAGENCY WORKING GROUP.— 

19 (1) IN GENERAL.—The President may, as ap20 propriate, establish an Interagency Working Group 

21 to coordinate the activities of relevant United States 

22 Government departments and agencies involved in 

23 carrying out the strategy required under this sec24 tion. 


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1 (2) FUNCTIONS.—The Interagency Working 

2 Group may, among other things— 

3 (A) seek to coordinate the activities of the 

4 United States Government departments and 

5 agencies involved in implementing the strategy 

6 required under this section; 

7 (B) ensure efficient and effective coordina8 tion between participating departments and 

9 agencies; and 

10 (C) facilitate information sharing, and co11 ordinate partnerships between the United 

12 States Government, the private sector, and 

13 other development partners to achieve the goals 

14 of the strategy. 

15 SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE 

16 FOR POWER PROJECTS IN SUB-SAHARAN AF17 RICA BY KEY UNITED STATES INSTITUTIONS. 

18 (a) IN GENERAL.—In pursuing the policy goals de19 scribed in section 3, the Administrator of the United 

20 States Agency for International Development, the Director 

21 of the Trade and Development Agency, the Overseas Pri22 vate Investment Corporation, and the Chief Executive Of23 ficer and Board of Directors of the Millennium Challenge 

24 Corporation should, as appropriate, prioritize and expedite 

25 institutional efforts and assistance to facilitate the involveVerDate Sep 11 2014 22:09 Nov 05, 2015 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2152.RS S2152

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1 ment of such institutions in power projects and markets, 

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

3 with other investors and local institutions in sub-Saharan 

4 Africa, including private sector actors, to specifically in5 crease access to reliable, affordable, and sustainable power 

6 in sub-Saharan Africa, including through— 

7 (1) maximizing the number of people with new 

8 access to power and power services; 

9 (2) improving and expanding the generation, 

10 transmission and distribution of power; 

11 (3) providing reliable power to people and busi12 nesses in urban and rural communities; 

13 (4) addressing the energy needs of marginalized 

14 people living in areas where there is little or no ac15 cess to a power grid and developing plans to system16 atically increase coverage in rural areas; 

17 (5) reducing transmission and distribution 

18 losses and improving end-use efficiency and demand19 side management; 

20 (6) reducing energy-related impediments to 

21 business productivity and investment; and 

22 (7) building the capacity of countries in sub-Sa23 haran Africa to monitor and appropriately and 

24 transparently regulate the power sector and encourVerDate Sep 11 2014 22:09 Nov 05, 2015 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2152.RS S2152

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1 age private investment in power production and dis2 tribution. 

3 (b) EFFECTIVENESS MEASUREMENT.—In 

4 prioritizing and expediting institutional efforts and assist5 ance pursuant to this section, as appropriate, such institu6 tions shall use clear, accountable, and metric-based targets 

7 to measure the effectiveness of such guarantees and assist8 ance in achieving the goals described in section 3. 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to authorize modifying or limiting 

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

12 in other developing regions. 

13 SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. 

14 In implementing the strategy described in section 4, 

15 the President should direct the United States representa16 tives to appropriate international bodies to use the influ17 ence of the United States, consistent with the broad devel18 opment goals of the United States, to advocate that each 

19 such body— 

20 (1) commit to significantly increase efforts to 

21 promote investment in well-designed power sector 

22 and electrification projects in sub-Saharan Africa 

23 that increase energy access, in partnership with the 

24 private sector and consistent with the host countries’ 

25 absorptive capacity; 


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1 (2) address energy needs of individuals and 

2 communities where access to an electricity grid is 

3 impractical or cost-prohibitive; 

4 (3) enhance coordination with the private sector 

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

7 (4) 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 (5) utilize clear, accountable, and metric-based 

12 targets to measure the effectiveness of such projects. 

13 SEC. 7. PROGRESS REPORT. 

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

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

16 transmit to the Committee on Foreign Affairs of the 

17 House of Representatives and the Committee on Foreign 

18 Relations of the Senate a report on progress made toward 

19 achieving the strategy described in section 4 that includes 

20 the following: 

21 (1) A report on United States programs sup22 porting implementation of policy and legislative 

23 changes leading to increased power generation and 

24 access in sub-Saharan Africa, including a description 

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


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1 and legislative changes initiated or implemented as 

2 a result of programs funded or supported by the 

3 United States in countries in sub-Saharan Africa to 

4 support increased power generation and access after 

5 the date of the enactment of this Act. 

6 (2) A description of power projects receiving 

7 United States Government support and how such 

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

9 achieve the strategy described in section 4. 

10 (3) For each project described in paragraph 

11 (2)— 

12 (A) a description of how the project fits 

13 into, or encourages modifications of, the na14 tional energy plan of the country in which the 

15 project will be carried out, including encour16 aging regulatory reform in that county; 

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

18 project to the consumer, the country in which 

19 the project will be carried out, and other inves20 tors; 

21 (C) the amount of financing provided or 

22 guaranteed by the United States Government 

23 for the project; 

24 (D) an estimate of United States Govern25 ment resources for the project, itemized by 


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1 funding source, including from the Overseas 

2 Private Investment Corporation, the United 

3 States Agency for International Development, 

4 the Department of the Treasury, and other ap5 propriate United States Government depart6 ments and agencies; 

7 (E) an estimate of the number and re8 gional locations of individuals, communities, 

9 businesses, schools, and health facilities that 

10 have gained power connections as a result of 

11 the project, with a description of how the reli12 ability, affordability, and sustainability of power 

13 has been improved as of the date of the report; 

14 (F) an assessment of the increase in the 

15 number of people and businesses with access to 

16 power, and in the operating electrical power ca17 pacity in megawatts as a result of the project 

18 between the date of the enactment of this Act 

19 and the date of the report; 

20 (G) a description of efforts to gain mean21 ingful local consultation for projects associated 

22 with this Act and any significant estimated 

23 noneconomic effects of the efforts carried out 

24 pursuant to this Act; and 


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1 (H) a description of the participation by 

2 small and medium enterprises based in sub-Sa3 haran Africa on projects associated with this 

4 Act. 


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Calendar No. 291 

114TH CONGRESS 

1ST SESSION S. 2152 

A BILL 

To establish a comprehensive United States Goveconomic growth, and for other purposes. tion, promote development outcomes, and drive tricity access in order to support poverty reduc- able energy, for more broadly distributed elec- priate mix of power solutions, including renew- tries in sub-Saharan Africa to develop an appro- ernment policy to encourage the efforts of counNOVEMBER 5, 2015 

Reported with amendments 


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