II 

113TH CONGRESS 

2D SESSION S. 2508 

To establish a comprehensive United States Government policy to assist 

countries in sub-Saharan Africa to improve access to and the affordability, reliability, and sustainability of power, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2014 

Mr. MENENDEZ (for himself, Mr. CORKER, Mr. COONS, Mr. ISAKSON, Mr. 

MARKEY, and Mr. JOHANNS) 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 assist countries in sub-Saharan Africa to improve 

access to and the affordability, reliability, and sustainability of power, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energize Africa Act of 2014’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Findings. 

TITLE I—POLICIES TO IMPROVE ACCESS TO POWER IN SUBSAHARAN AFRICA 

Sec. 101. Purpose. 

Sec. 102. Statement of policy. 

Sec. 103. Development of comprehensive, multiyear strategy. 

Sec. 104. Sense of Congress on priorities with respect the energy sector of subSaharan African countries. 

Sec. 105. Prioritization of assistance for power projects in sub-Saharan Africa 

by the United States Agency for International Development. 

Sec. 106. Prioritization of assistance for power projects in sub-Saharan Africa 

by the Trade and Development Agency. 

Sec. 107. Prioritization of assistance for power projects in sub-Saharan Africa 

by the Overseas Private Investment Corporation. 

Sec. 108. Prioritization of assistance for power projects in sub-Saharan Africa 

by the World Bank Group and the African Development Bank. 

Sec. 109. Prioritization of assistance for power projects in sub-Saharan Africa 

by the United States African Development Foundation. 

Sec. 110. Progress report. 

TITLE II—OVERSEAS PRIVATE INVESTMENT CORPORATION 

Sec. 201. Extension of issuing authority. 

Sec. 202. Expedited procedures for financing of small projects related to power 

generation and distribution in sub-Saharan Africa. 

Sec. 203. Activities in sub-Saharan Africa; investment advisory council. 

Sec. 204. Pilot program for expansion of eligible investors. 

Sec. 205. Pilot program for direct investment and local currency guaranties for 

power projects in sub-Saharan Africa. 

Sec. 206. Extension of maximum term of obligation for renewable energy 

projects in sub-Saharan Africa. 

Sec. 207. Inspector General. 

Sec. 208. Assessment of customer satisfaction. 

Sec. 209. Schedule B hiring authority. 

Sec. 210. Sense of Congress on funding. 

Sec. 211. Report on equity authority. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) As of 2010, approximately 589,000,000 

4 people in sub-Saharan Africa, or 68 percent of the 

5 population, did not have access to power. 

6 (2) Lack of access to power services 

7 disproportionally affects women, who often shoulder 

8 the burden of seeking sources of heat and light such 


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1 as dung, wood, or charcoal and are often more ex2 posed to the associated negative health effects. 

3 (3) Women and girls also face increased risks 

4 of assault from walking long distances to gather fuel 

5 sources. 

6 (4) Access to power creates opportunities for 

7 people to work their way out of poverty, including 

8 through entrepreneurship. 

9 (5) A lack of power contributes to the high use 

10 of inefficient and often highly polluting fuel sources 

11 for indoor cooking, heating, and lighting that 

12 produce toxic fumes resulting in more than 

13 3,000,000 annual premature deaths from respiratory 

14 disease. 

15 (6) Reliable access to power is crucial for the 

16 storage of vaccines and antiretroviral and other life17 saving medical drugs, as well as for the operation of 

18 modern lifesaving medical equipment. 

19 (7) Access to power can be used to improve 

20 food security by enabling post-harvest processing, 

21 pumping, irrigation, dry grain storage, milling, and 

22 refrigeration, and for other uses. 

23 (8) Access to power can provide improved infor24 mation and communication technologies that can 


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1 greatly improve health and education outcomes as 

2 well as economic and commercial opportunities. 

3 (9) For the majority of people with access to 

4 power in sub-Saharan Africa, power services are 

5 highly unreliable and remain at least twice as expen6 sive compared to other emerging regions. 

7 (10) According to Enterprise Surveys of the 

8 World Bank, power cuts in sub-Saharan Africa cost 

9 companies more than 10 percent of sales in certain 

10 countries. 

11 (11) The consumer base in sub-Saharan Africa 

12 of approximately 1,000,000,000 people is rapidly 

13 growing and will create increasing demand for 

14 United States goods, services, and technologies, but 

15 the current power deficit in sub-Saharan Africa lim16 its that growth in demand by restricting economic 

17 growth on the continent of Africa. 

18 (12) Approximately 30 countries in sub-Saha19 ran Africa face endemic power shortages, and nearly 

20 70 percent of surveyed businesses in sub-Saharan 

21 Africa cite unreliable power as a major constraint to 

22 growth. 

23 (13) The work of the Millennium Challenge 

24 Corporation in the energy sector shows high pro25 jected economic rates of returns that translate to 


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1 sustainable economic growth and the highest returns 

2 are projected when infrastructure improvements are 

3 coupled with significant legislative, policy, and regu4 latory reforms and institutional strengthening. 

5 (14) Sub-Saharan Africa has abundant renew6 able and fossil fuel resources with which to generate 

7 power. 

8 (15) In some countries in sub-Saharan Africa, 

9 weak governance capacity, undue regulatory bar10 riers, and unnecessary legal constraints, as well as 

11 a lack of transparency and accountability, stifle the 

12 ability of public and private investment to assist in 

13 the generation and distribution of power. 

14 (16) Without new policies and more effective 

15 public and private investments in power sector enter16 prises to increase and expand access to power in 

17 sub-Saharan Africa, more than 70 percent of the 

18 rural population, and 48 percent of the total popu19 lation, are likely to remain without access to power 

20 through at least 2030. 

21 (17) Consumers in sub-Saharan Africa spend 

22 billions of dollars annually on kerosene and other 

23 fuels for household needs, which can, for poor fami24 lies, represent more than 15 percent of household inVerDate Mar 15 2010 04:06 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2508.IS S2508

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1 come and can expose residents to significant fire and 

2 toxicity risks. 

3 (18) Kerosene lamps used in homes can cause 

4 fires and severe burn injuries and expose users to 

5 hazardous air pollutants in close quarters, and 

6 switching from fuel-based lighting to cheaper, clean7 er systems would provide higher quality light with no 

8 negative health effects while achieving significant 

9 economic savings. 

10 (19) New technological advances in power gen11 eration coupled with more efficient appliances are 

12 resulting in robust, affordable, and non-polluting off13 grid power solutions and entrepreneurs are devel14 oping new business models allowing off-grid house15 holds to finance systems over time, resulting in a 

16 rapidly growing off-grid power market. 

17 TITLE I—POLICIES TO IMPROVE 

18 ACCESS TO POWER IN SUB-SA19 HARAN AFRICA 

20 SEC. 101. PURPOSE. 

21 The purpose of this title is to assist countries in sub22 Saharan Africa to improve access to affordable and reli23 able power in order to unlock the potential for economic 

24 growth and promote development, job creation, food secuVerDate Mar 15 2010 04:06 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2508.IS S2508

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1 rity, improved health, educational, and environmental out2 comes, and reduce poverty. 

3 SEC. 102. STATEMENT OF POLICY. 

4 Congress declares that it is the policy of the United 

5 States to partner, consult, and coordinate with the govern6 ments of sub-Saharan African countries, international fi7 nancial institutions, African regional economic commu8 nities, and the private sector, in a concerted effort to— 

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

10 power services for at least 50,000,000 people in sub11 Saharan Africa by 2020 in both urban and rural 

12 areas; 

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

14 additional megawatts of electrical power in sub-Sa15 haran Africa by 2020 using a broad mix of energy 

16 options to help reduce poverty, promote sustainable 

17 development, and drive economic growth; 

18 (3) promote reliable, affordable, and sustainable 

19 power in urban areas (including small urban areas) 

20 to promote economic growth and job creation; 

21 (4) promote efficient institutional platforms and 

22 financing to provide electrical service to rural and 

23 underserved populations; 

24 (5) encourage the necessary in-country reforms 

25 to make such expansion of power access possible; 


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1 (6) promote reforms of power production, deliv2 ery, and pricing, as well as regulatory reforms and 

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

4 power generation and distribution; and 

5 (7) promote policies to displace kerosene light6 ing with other technologies. 

7 SEC. 103. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR 

8 STRATEGY. 

9 (a) STRATEGY REQUIRED.— 

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

11 a comprehensive, integrated, multiyear strategy to 

12 assist countries in sub-Saharan Africa to implement 

13 national power strategies and develop an appropriate 

14 mix of power solutions, including renewable energy, 

15 to provide access to sufficient reliable, affordable, 

16 and sustainable power in order to reduce poverty 

17 and drive economic growth and job creation. 

18 (2) FLEXIBILITY AND RESPONSIVENESS.—The 

19 President shall ensure that the strategy required by 

20 paragraph (1) maintains sufficient flexibility for and 

21 remains responsive to technological innovation in the 

22 power sector. 

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

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

25 shall submit to the Committee on Foreign Relations of the 


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1 Senate and the Committee on Foreign Affairs of the 

2 House of Representatives a report that contains the strat3 egy required by subsection (a) and includes a discussion 

4 of the following elements: 

5 (1) The general and specific objectives of the 

6 strategy. 

7 (2) The criteria for determining the success of 

8 the strategy. 

9 (3) A description of the manner in which the 

10 strategy will support efforts of countries receiving 

11 assistance pursuant to the strategy to improve ac12 cess to power using a broad mix of energy options 

13 and improve the affordability and reliability of power 

14 in sub-Saharan Africa. 

15 (4) A general description of regional and coun16 try plans and significant local efforts, as appro17 priate, in sub-Saharan Africa to— 

18 (A) increase power production; 

19 (B) strengthen electrical transmission and 

20 distribution infrastructure; 

21 (C) provide for regulatory reform and 

22 transparent and accountable governance and 

23 oversight; 

24 (D) improve the reliability of power; 

25 (E) maintain the affordability of power; 


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1 (F) maximize the financial sustainability of 

2 the power sector; and 

3 (G) improve access to power. 

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

5 countries receiving assistance pursuant to the strat6 egy to increase access to power in urban and rural 

7 areas, including a description of plans designed to 

8 address commercial, industrial, and residential 

9 needs. 

10 (6) A description of plans to support efforts of 

11 such countries to reduce waste and corruption and 

12 improve existing power generation through the use 

13 of a broad power mix, including fossil fuel and re14 newable energy, distributed generation models, and 

15 other technological innovations, as appropriate. 

16 (7) An analysis of existing mechanisms for en17 suring, and recommendations to promote— 

18 (A) commercial cost recovery in countries 

19 receiving assistance pursuant to the strategy; 

20 (B) commercialization of electric service 

21 through distribution service providers to con22 sumers; 

23 (C) improvements in revenue cycle man24 agement, power pricing, and fees assessed for 

25 service contracts and connections; 


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1 (D) reductions in technical losses in the 

2 transmission systems and commercial losses re3 sulting from inefficiencies, including inefficien4 cies in the billing and collection cycle, theft, and 

5 manipulation of meter reading and billing sys6 tems; and 

7 (E) access to power, including rec8 ommendations on the creation of new service 

9 provider models that mobilize community par10 ticipation in the provision of power services. 

11 (8) A description of United States Government 

12 efforts to support the efforts of countries receiving 

13 assistance pursuant to the strategy to leverage pri14 vate sector resources and public sector financing 

15 pursuant to the strategy. 

16 (9) A description of the reforms being under17 taken or planned by countries in sub-Saharan Africa 

18 to ensure the long-term economic viability of power 

19 projects and to increase access to power, including— 

20 (A) reforms designed to allow third parties 

21 to connect power generation to the grid 

22 affordably, quickly, and without undue regu23 latory burdens; 


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

2 adequately resourced, independent, and capable 

3 utility regulator; 

4 (C) strategies to ensure utilities become or 

5 remain creditworthy; 

6 (D) regulations that permit the participa7 tion of independent power producers and pri8 vate-public partnerships; 

9 (E) policies that encourage private invest10 ment in power generation; 

11 (F) policies that ensure compensation for 

12 power provided to the electrical grid by on-site 

13 producers; 

14 (G) policies to unbundle power services; 

15 and 

16 (H) regulations to eliminate conflicts of in17 terest in the utility sector. 

18 (10) A description of plans to ensure— 

19 (A) local consultation, as appropriate, in 

20 the planning, long-term maintenance, and man21 agement of investments designed to increase ac22 cess to power in sub-Saharan Africa; and 

23 (B) that such investments are sustainable 

24 and transparent, including through the provi25 sion of technical assistance and training. 


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1 (11) An identification of the relevant United 

2 States Government departments and agencies that 

3 will be involved in carrying out the strategy. 

4 (12) A description of the level and distribution 

5 of resources that will be dedicated on an annual 

6 basis among those departments and agencies. 

7 (13) A description of the role of each such de8 partment or agency and the types of programs that 

9 each such department or agency will conduct. 

10 (14) A description of the mechanisms that will 

11 be used to coordinate the efforts of United States 

12 Government departments and agencies in carrying 

13 out the strategy to avoid duplication of efforts, en14 hance coordination, and ensure that each such de15 partment or agency conducts programs primarily in 

16 the areas in which that department or agency has 

17 the greatest expertise, technical capabilities, and po18 tential for success. 

19 (15) A description of the mechanisms to be es20 tablished for— 

21 (A) monitoring and evaluating increased 

22 access to, and reliability and affordability of, 

23 power in sub-Saharan Africa for individuals, 

24 communities, and businesses; 


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1 (B) maximizing the financial sustainability 

2 of power generation, transmission, and distribu3 tion in sub-Saharan Africa; 

4 (C) sharing best practices among relevant 

5 United States Government departments and 

6 agencies and with other countries and institu7 tions participating in efforts to increase access 

8 to power in sub-Saharan Africa; 

9 (D) establishing metrics to demonstrate 

10 progress on meeting goals relating to access to 

11 power, power generation, and distribution in 

12 sub-Saharan Africa; and 

13 (E) terminating unsuccessful programs. 

14 (16) A description of the engagement plan for 

15 working with local communities benefitting from or 

16 affected by projects carried out pursuant to the 

17 strategy. 

18 (17) A description of the mechanisms that will 

19 be used to ensure greater coordination between the 

20 United States and foreign governments, inter21 national organizations, African regional economic 

22 communities, international financial institutions, 

23 international fora such as the G–8 and G–20, and 

24 private sector and civil society organizations. 


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1 (18) An outline of how the President intends to 

2 partner with foreign governments, the World Bank 

3 Group, the African Development Bank, the private 

4 sector, and other development partners to assist sub5 Saharan African countries to conduct project studies 

6 and facilitate project development. 

7 (19) A description of how the President intends 

8 to help facilitate transnational and regional elec9 trification projects where appropriate. 

10 (20) A description of how the President intends 

11 to help sub-Saharan countries use new or potential 

12 fossil fuel and other resources in order to provide 

13 power to their citizens. 

14 (21) A description of how the President intends 

15 to promote trade in electrical equipment with coun16 tries in sub-Saharan Africa, including a description 

17 of how the government of each country receiving as18 sistance pursuant to the strategy— 

19 (A) plans to lower or eliminate import tar20 iffs or other taxes for energy and other power 

21 production and distribution technologies des22 tined for sub-Saharan Africa, including equip23 ment used to provide energy access, including 

24 solar lanterns, solar home systems, and micro 

25 and mini grids; and 


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1 (B) plans to protect the intellectual prop2 erty of companies designing and manufacturing 

3 products that can be used to provide energy ac4 cess in sub-Saharan Africa. 

5 (22) A description of how the President intends 

6 to work with the African Development Bank and 

7 other partners to increase the capacity of sub-Saha8 ran African utilities to— 

9 (A) develop standardized power purchase 

10 agreements and other contracts to streamline 

11 project development; and 

12 (B) negotiate and monitor compliance with 

13 power purchase agreements and other contracts 

14 entered into with the private sector. 

15 (23) A description of how the President intends 

16 to encourage the growth of distributed renewable en17 ergy markets in sub-Saharan Africa, including off18 grid lighting and power, that includes— 

19 (A) a country-by-country analysis of the 

20 state of distributed renewable energy in sub-Sa21 haran Africa, including off-grid lighting and 

22 power; 

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) measures United States Government 

4 departments and agencies, including the United 

5 States Agency for International Development 

6 and the Overseas Private Investment Corpora7 tion, can take— 

8 (i) to overcome or eliminate market 

9 barriers or enhance financing opportunities 

10 for distributed renewable energy solutions 

11 in sub-Saharan Africa; and 

12 (ii) to assist multilateral organizations 

13 such as the World Bank Group in efforts 

14 to eliminate such barriers or enhance such 

15 opportunities; 

16 (D) the amount and kind of financial sup17 port and financing provided to participants in 

18 distributed energy markets by the United 

19 States Government, international financial in20 stitutions, and other international organiza21 tions; 

22 (E) an analysis of the efficacy of efforts by 

23 the Overseas Private Investment Corporation 

24 and the United States Agency for International 

25 Development to facilitate the financing of the 


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1 importation, distribution, sale, leasing, or mar2 keting of distributed renewable energy tech3 nologies; and 

4 (F) a description of how bolstering distrib5 uted renewable energy can enhance the overall 

6 effort to increase power access in sub-Saharan 

7 Africa. 

8 (24) Any other issues the President determines 

9 are relevant to the strategy. 

10 (c) AFRICAN POWER ADVISORY GROUP.— 

11 (1) ESTABLISHMENT.—For the purposes of de12 veloping the strategy required by subsection (a), the 

13 President shall establish an African Power Advisory 

14 Group to advise on the development and implemen15 tation of the strategy and report required by this 

16 section and assistance provided pursuant to this sec17 tion. 

18 (2) MEMBERSHIP.—The African Power Advi19 sory Group shall be composed of 12 members ap20 pointed by the President, including the following: 

21 (A) The Coordinator of the President’s 

22 Power Africa Initiative. 

23 (B) Seven individuals from the power sec24 tor, of whom— 


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1 (i) at least one shall have experience 

2 in the fossil fuel power sector; 

3 (ii) at least one shall have experience 

4 with the rural electrical cooperatives; 

5 (iii) at least one shall have experience 

6 in the renewable energy sector; and 

7 (iv) at least one shall have experience 

8 in the distributed generation sector. 

9 (C) Three individuals, other than individ10 uals described in subparagraph (B), who shall 

11 have experience in working with the business 

12 community in Africa or with governments of 

13 countries in Africa. 

14 (D) One individual who shall have experi15 ence with utility regulation. 

16 (3) FUNCTIONS.—The President shall call upon 

17 members of the African Power Advisory Group, ei18 ther collectively or individually, to advise the Presi19 dent regarding the development and implementation 

20 of the strategy and report required by this section 

21 and assistance provided pursuant to this section. 

22 (4) MEETINGS.—The African Power Advisory 

23 Group shall meet not later than 60 days after the 

24 date of the enactment of this Act and not less fre25 quently than annually thereafter. 


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1 (5) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 African Power Advisory Group established under 

3 this section shall not be subject to the Federal Advi4 sory Committee Act (5 U.S.C. App.). 

5 SEC. 104. SENSE OF CONGRESS ON PRIORITIES WITH RE6 SPECT THE ENERGY SECTOR OF SUB-SAHA7 RAN AFRICAN COUNTRIES. 

8 It is the sense of Congress that— 

9 (1) as the United States deepens its engage10 ment with countries in sub-Saharan Africa pursuant 

11 to the authorities provided under this Act, priority 

12 should be given to countries with a demonstrated 

13 commitment to— 

14 (A) transparency, accountability, and 

15 credibility in energy sector governance; 

16 (B) prudent macroeconomic management 

17 of energy resources, including sound fiscal and 

18 debt management; 

19 (C) energy sector reforms, including tariff 

20 reform, unbundling of vertically integrated utili21 ties, and access for independent power pro22 ducers; 

23 (D) responsible development of newly dis24 covered energy resources; 


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1 (E) expansion of power generation, trans2 mission, and access, including distributed mini3 grid and off-grid solutions; and 

4 (F) private sector and investment climate 

5 reforms, such as strong rule of law and robust 

6 controls over the business regulatory environ7 ment; and 

8 (2) the United States should consider, in 

9 prioritizing efforts carried out pursuant to this 

10 Act— 

11 (A) opportunities for the United States 

12 private sector to contribute to the energy sector 

13 in sub-Saharan African countries through tech14 nology, innovation, and project development; 

15 (B) the potential of such efforts to facili16 tate regional power trade and expand power ac17 cess across borders; 

18 (C) private sector interest and participa19 tion in the energy sector of sub-Saharan Afri20 can countries; 

21 (D) the long-term financial viability of en22 ergy sector projects in development; 

23 (E) opportunities to collaborate with inter24 national donors and partners in energy sector 

25 development involving multilateral institutions 


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1 such as the World Bank Group and the African 

2 Development Bank; 

3 (F) the availability of United States Gov4 ernment resources and appropriate funds to 

5 support the expansion of technical assistance, 

6 delivery units, and transaction advisors and 

7 teams to implement United States Government 

8 programs to expand power access in sub-Saha9 ran Africa; and 

10 (G) mechanisms to promote efficient and 

11 effective coordination among United States 

12 Government departments and agencies, includ13 ing allocation of well-defined roles for each such 

14 department or agency. 

15 SEC. 105. PRIORITIZATION OF ASSISTANCE FOR POWER 

16 PROJECTS IN SUB-SAHARAN AFRICA BY THE 

17 UNITED STATES AGENCY FOR INTER18 NATIONAL DEVELOPMENT. 

19 (a) LOAN GUARANTEES.—In pursuing the policy 

20 goals described in section 102, the Administrator of the 

21 United States Agency for International Development 

22 should prioritize loan guarantees to local financial institu23 tions in sub-Saharan Africa, as appropriate, to— 


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1 (1) facilitate the involvement of such institu2 tions in power projects and markets, both on- and 

3 off-grid, in sub-Saharan Africa; 

4 (2) allow such institutions to partner with other 

5 investors to leverage expertise and increase the im6 pact of such loan guarantees for energy access and 

7 power production projects in sub-Saharan Africa; 

8 (3) allow such institutions to partner with other 

9 investors to fund local research, development, and 

10 deployment of technology in order to specifically in11 crease access to reliable, affordable, and sustainable 

12 power in sub-Saharan Africa; and 

13 (4) allow such institutions to fund the develop14 ment of plans to increase distribution coverage, in15 cluding off-grid projects and services in rural areas 

16 of sub-Saharan Africa. 

17 (b) GRANTS.—The Administrator shall prioritize as18 sistance to— 

19 (1) support the implementation or development, 

20 as appropriate, of national, regional, and local en21 ergy and economically sustainable power policy plans 

22 in sub-Saharan Africa; 

23 (2) expand power access across sub-Saharan 

24 Africa, including specifically to the poorest popu25 lations and rural and isolated communities; 


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1 (3) build the capacity of countries in sub-Saha2 ran Africa to monitor and appropriately and trans3 parently regulate the power sector and encourage 

4 private investment in power production and distribu5 tion; and 

6 (4) increase access to reliable, affordable, and 

7 sustainable power in sub-Saharan Africa, including 

8 the development of plans to increase power access in 

9 rural areas. 

10 (c) EFFECTIVENESS MEASUREMENT.—In providing 

11 the loan guarantees and assistance prioritized pursuant to 

12 this section, the Administrator shall use clear, account13 able, and metric-based targets to measure the effectiveness 

14 of such guarantees and assistance in achieving the goals 

15 described in section 102. 

16 (d) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to authorize modifying or limiting 

18 the portfolio of the United States Agency for International 

19 Development in other developing regions. 

20 SEC. 106. PRIORITIZATION OF ASSISTANCE FOR POWER 

21 PROJECTS IN SUB-SAHARAN AFRICA BY THE 

22 TRADE AND DEVELOPMENT AGENCY. 

23 (a) IN GENERAL.—The Director of the Trade and 

24 Development Agency should prioritize, as appropriate— 


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1 (1) the promotion of United States private sec2 tor participation in energy sector development 

3 projects in sub-Saharan Africa by conducting project 

4 preparation activities for projects in sub-Saharan Af5 rica, including feasibility studies, technical assist6 ance, pilot projects, reverse trade missions, con7 ferences, and workshops; and 

8 (2) the funding of project preparation activities 

9 for projects in sub-Saharan Africa that involve in10 creased access to power, including power generation 

11 and trade capacity building. 

12 (b) FOCUS.—The project preparation activities de13 scribed in subsection (a) should focus on supporting 

14 projects in sub-Saharan Africa that enhance efficiencies 

15 in the areas of power generation, transmission, and dis16 tribution grids, including on-grid, off-grid, and micro-grid 

17 solutions, and best practices in demand-side management. 

18 (c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to authorize modifying or limiting 

20 the portfolio of the Trade and Development Agency in 

21 other developing regions. 


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1 SEC. 107. PRIORITIZATION OF ASSISTANCE FOR POWER 

2 PROJECTS IN SUB-SAHARAN AFRICA BY THE 

3 OVERSEAS PRIVATE INVESTMENT CORPORA4 TION. 

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

6 Corporation should, as appropriate— 

7 (1) prioritize support for private sector invest8 ments in the power sector of sub-Saharan Africa, in9 cluding in renewable energy, that will— 

10 (A) maximize the number of people with 

11 new access to power and power services; 

12 (B) improve and expand the transmission 

13 and distribution of power and off-grid lighting 

14 and power solutions; 

15 (C) provide reliable power to people and 

16 businesses in urban and rural communities; 

17 (D) address the energy needs of people liv18 ing in areas where there is little or no access 

19 to a power grid; 

20 (E) reduce transmission and distribution 

21 losses and improve end-use efficiency and de22 mand-side management; and 

23 (F) reduce energy-related impediments to 

24 business productivity and investment; 

25 (2) implement procedures for expedited review 

26 of and, where appropriate, approval of, applications 


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1 by eligible investors (as defined in section 238 of the 

2 Foreign Assistance Act of 1961 (22 U.S.C. 2198)) 

3 for loans, loan guarantees, and insurance for such 

4 investments; 

5 (3) encourage small- and medium-sized enter6 prises and cooperative service providers to partici7 pate in energy investment activities in sub-Saharan 

8 Africa; and 

9 (4) publish information on the effects of its en10 ergy investments on development in sub-Saharan Af11 rica. 

12 (b) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to authorize modifying or limiting 

14 the portfolio of the Overseas Private Investment Corpora15 tion in other developing regions. 

16 SEC. 108. PRIORITIZATION OF ASSISTANCE FOR POWER 

17 PROJECTS IN SUB-SAHARAN AFRICA BY THE 

18 WORLD BANK GROUP AND THE AFRICAN DE19 VELOPMENT BANK. 

20 (a) IN GENERAL.—The Secretary of the Treasury 

21 should direct the United States Executive Directors of the 

22 World Bank Group and the African Development Bank 

23 to, as appropriate, use the voice, vote, and influence of 

24 the United States to help ensure the World Bank Group 

25 and the African Development Bank— 


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1 (1) prioritize— 

2 (A) increasing their investment in, and ef3 forts to promote investment in, well-designed 

4 power sector and electrification projects in sub5 Saharan Africa; 

6 (B) creating financing opportunities, pro7 vide financing, and provide technical assistance 

8 to promote both on- and off-grid power and 

9 lighting solutions in sub-Saharan Africa; 

10 (C) stimulating private investment in reli11 able, affordable, and sustainable power in sub12 Saharan Africa; and 

13 (D) providing technical assistance to the 

14 regulatory authorities of governments in sub15 Saharan Africa to— 

16 (i) remove unnecessary regulatory and 

17 legal barriers to investment in commer18 cially viable power projects and markets; 

19 (ii) modify regulatory and legal re20 gimes to assist providers in reducing power 

21 transmission and distribution technical 

22 losses; 

23 (iii) implement cost-based power tar24 iffs and provide for commercial cost recov25 ery; 


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1 (iv) encourage end-use efficiency and 

2 demand-side management in the power 

3 sector; 

4 (v) strengthen local power markets; 

5 (vi) reduce corruption in the power in6 dustry, including in government and regu7 latory processes associated with power pro8 duction and distribution; 

9 (vii) encourage domestic investment in 

10 the power sector; 

11 (viii) improve transparency and good 

12 governance with respect to regulatory and 

13 legal processes and requirements in the 

14 power sector; 

15 (ix) encourage affordable and expe16 dited interconnection for distributed energy 

17 systems and independent power producers; 

18 (x) ensure compliance with the best 

19 practices of the World Bank Group and 

20 the African Development Bank; and 

21 (xi) implement regulatory and legal 

22 reforms that facilitate efficient power gen23 eration, transmission, and distribution and 

24 efficient off-grid energy markets; 


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1 (2) use clear, accountable, and metric-based 

2 targets to measure the effectiveness of investment 

3 and other assistance provided by the World Bank 

4 Group or the African Development Bank, as the 

5 case may be, for power sector and electrification 

6 projects in sub-Saharan Africa; and 

7 (3) support the efforts of the World Bank 

8 Group to foster growth in the off-grid lighting and 

9 power markets. 

10 (b) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to authorize the Secretary of the 

12 Treasury to advocate for modifying or limiting the port13 folio of the World Bank Group or the African Develop14 ment Bank in other developing regions. 

15 SEC. 109. PRIORITIZATION OF ASSISTANCE FOR POWER 

16 PROJECTS IN SUB-SAHARAN AFRICA BY THE 

17 UNITED STATES AFRICAN DEVELOPMENT 

18 FOUNDATION. 

19 (a) IN GENERAL.—The Board of Directors and the 

20 President of the United States African Development 

21 Foundation should seek opportunities to make grants and 

22 provide technical support to businesses and organizations 

23 in sub-Saharan Africa that qualify for assistance from the 

24 Foundation and are developing on- and off-grid solutions 


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1 to meet the power needs of rural communities underserved 

2 by national grids. 

3 (b) FOCUS.—The mission of the United States Afri4 can Development Foundation under subsection (a) is to 

5 meet the needs of underserved communities and close crit6 ical development gaps with speed, efficiency, and effective7 ness. 

8 SEC. 110. PROGRESS REPORT. 

9 (a) IN GENERAL.—Not later than 3 years after the 

10 date of the enactment of this Act, the President shall sub11 mit to the Committee on Foreign Relations of the Senate 

12 and the Committee on Foreign Affairs of the House of 

13 Representatives a report on progress made toward achiev14 ing the policy goals described in section 102 that includes 

15 the following: 

16 (1) A report on United States programs sup17 porting implementation of policy and legislative 

18 changes leading to increased power generation and 

19 access in sub-Saharan Africa, including a description 

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

21 and legislative changes initiated or implemented as 

22 a result of programs funded or supported by the 

23 United States in countries in sub-Saharan Africa to 

24 support increased power generation and access after 

25 the date of the enactment of this Act. 


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1 (2) A description of power projects receiving 

2 United States Government support and how such 

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

4 achieve the policy goals described in section 102. 

5 (3) For each project described in paragraph 

6 (2)— 

7 (A) a description of how the project fits 

8 into, or encourages modifications of, the na9 tional energy plan of the country in which the 

10 project will be carried out, including encour11 aging regulatory reform in that country; 

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

13 project to the consumer, the country in which 

14 the project will be carried out, and other inves15 tors; 

16 (C) the amount of financing provided or 

17 guaranteed by the United States Government 

18 for the project; 

19 (D) an estimate of United States Govern20 ment resources for the project, itemized by 

21 funding source, including from the Overseas 

22 Private Investment Corporation, the United 

23 States Agency for International Development, 

24 the Department of the Treasury, or other apVerDate Mar 15 2010 04:06 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2508.IS S2508

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1 propriate United States Government depart2 ments and agencies; 

3 (E) an estimate of the number of individ4 uals, communities, businesses, schools, and 

5 health facilities that have gained power connec6 tions as a result of the project, with a descrip7 tion of how the reliability, affordability, and 

8 sustainability of power has been improved as of 

9 the date of the report; and 

10 (F) an assessment of the increase in the 

11 number of people and businesses with access to 

12 power and in the operating electrical power ca13 pacity in megawatts as a result of the project 

14 between the date of the enactment of this Act 

15 and the date of the report. 

16 (4) A description of any significant estimated 

17 non-economic effects of the efforts carried out pur18 suant to this Act. 

19 TITLE II—OVERSEAS PRIVATE 

20 INVESTMENT CORPORATION 

21 SEC. 201. EXTENSION OF ISSUING AUTHORITY. 

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

23 1961 (22 U.S.C. 2195(a)(2)) is amended by striking 

24 ‘‘2007’’ and inserting ‘‘2019’’. 


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1 SEC. 202. EXPEDITED PROCEDURES FOR FINANCING OF 

2 SMALL PROJECTS RELATED TO POWER GEN3 ERATION AND DISTRIBUTION IN SUB-SAHA4 RAN AFRICA. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Overseas Private 

7 Investment Corporation should, as appropriate, simplify 

8 and streamline the application, approval, and post-ap9 proval processes for insurance, financing, investment, or 

10 reinsurance for projects or subprojects, including off-grid 

11 efforts, in sub-Saharan Africa for which the total support 

12 of the Corporation is less than $20,000,000, by— 

13 (1) expediting the review and consideration of, 

14 and determinations with respect to, applications for 

15 insurance, financing, investment, or reinsurance, 

16 consistent with investment best practices, including 

17 appropriate risk management, for such projects and 

18 subprojects; and 

19 (2) reducing the burdens of project manage20 ment for, and eliminating duplicative or unnecessary 

21 oversight of such projects and subprojects after ap22 proval of insurance, financing, investment, or rein23 surance for projects or subprojects. 

24 (b) CONSIDERATION OF BEST PRACTICES.—In revis25 ing its procedures as required by subsection (a), the Over26 seas Private Investment Corporation should consider best 


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1 practices established by the International Finance Cor2 poration of the World Bank Group. 

3 SEC. 203. ACTIVITIES IN SUB-SAHARAN AFRICA; INVEST4 MENT ADVISORY COUNCIL. 

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

6 (22 U.S.C. 2193(e)) is amended to read as follows: 

7 ‘‘(e) ACTIVITIES IN SUB-SAHARAN AFRICA; INVEST8 MENT ADVISORY COUNCIL.— 

9 ‘‘(1) IN GENERAL.—The Board should take 

10 prompt measures to prioritize, as appropriate, the 

11 loan, guarantee, and insurance programs, and finan12 cial commitments, of the Corporation in sub-Saha13 ran Africa in the areas of power generation, dis14 tribution, and off-grid power and lighting, including 

15 through the use of an investment advisory council to 

16 assist the Board in developing and implementing 

17 policies, programs, and financial instruments with 

18 respect to sub-Saharan Africa. 

19 ‘‘(2) RECOMMENDATIONS.—The investment ad20 visory council described in paragraph (1) shall make 

21 recommendations to the Board on how the Corpora22 tion can facilitate greater support by the United 

23 States for private sector trade and investment with 

24 and in sub-Saharan Africa. 


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

2 council described in paragraph (1) shall terminate 

3 on December 31, 2018. 

4 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

5 COMMITTEE ACT.—The investment advisory council 

6 described in paragraph (1) shall not be subject to 

7 the Federal Advisory Committee Act (5 U.S.C. 

8 App.).’’. 

9 SEC. 204. PILOT PROGRAM FOR EXPANSION OF ELIGIBLE 

10 INVESTORS. 

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

12 Corporation shall conduct a pilot program under which en13 tities that are covered by section 238(c)(3) of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2198(c)(3)) and are 

15 substantially beneficially owned by United States citizens 

16 shall be considered eligible investors under section 238(c) 

17 of that Act for the sole purpose of receiving assistance 

18 from the Corporation for power projects in sub-Saharan 

19 Africa. 

20 (b) CAP ON ASSISTANCE.—Assistance provided by 

21 the Corporation for a power project in sub-Saharan Africa 

22 pursuant to subsection (a) to an entity that is covered by 

23 section 238(c)(3) of the Foreign Assistance Act of 1961 

24 (22 U.S.C. 2198(c)(3)) and is substantially beneficially 


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1 owned by United States citizens shall not exceed the lesser 

2 of— 

3 (1) the share of ownership in the entity of such 

4 United States citizens; or 

5 (2) the percentage of the investment of the enti6 ty in the project. 

7 (c) TERMINATION OF PILOT PROGRAM.—The pilot 

8 program under subsection (a) shall terminate on the date 

9 that is 5 years after the date of the enactment of this 

10 Act. 

11 (d) CONTINUED VALIDITY OF EXISTING SUPPORT.— 

12 Notwithstanding subsection (c), any support provided be13 fore the date that is 5 years after the date of the enact14 ment of this Act pursuant to the pilot program under sub15 section (a) shall remain valid on and after that date. 

16 SEC. 205. PILOT PROGRAM FOR DIRECT INVESTMENT AND 

17 LOCAL CURRENCY GUARANTIES FOR POWER 

18 PROJECTS IN SUB-SAHARAN AFRICA. 

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

20 Corporation shall conduct a pilot program to— 

21 (1) make loans to eligible investors under sec22 tion 234(c) of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2194(c)) for power projects in sub-Saha24 ran Africa and for which the total support of the 

25 Corporation does not exceed $50,000,000; and 


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1 (2) issue local currency guarantees under sec2 tion 234(h) of the Foreign Assistance Act of 1961 

3 (22 U.S.C. 2194(h)) to African subsidiaries of for4 eign financial institutions if the issuance of such 

5 guarantees directly facilitates lending for power 

6 projects in sub-Saharan Africa undertaken by eligi7 ble investors. 

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

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

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

11 of 1961 (22 U.S.C. 2198(c)) or described in section 

12 204(a) of this Act. 

13 (c) TERMINATION OF PILOT PROGRAM.—The pilot 

14 program under subsection (a) shall terminate on the date 

15 that is 5 years after the date of the enactment of this 

16 Act. 

17 (d) CONTINUED VALIDITY OF EXISTING LOANS AND

18 GUARANTEES.—Notwithstanding subsection (c), any loans 

19 made or local currency guarantees issued pursuant to the 

20 pilot program under subsection (a) before the date that 

21 is 5 years after the date of the enactment of this Act shall 

22 remain valid on and after that date. 


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1 SEC. 206. EXTENSION OF MAXIMUM TERM OF OBLIGATION 

2 FOR RENEWABLE ENERGY PROJECTS IN SUB3 SAHARAN AFRICA. 

4 Section 237(e) of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2197(e)) is amended to read as follows: 

6 ‘‘(e) MAXIMUM TERM OF OBLIGATION.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), no insurance, guaranty, or reinsurance of 

9 any equity investment shall extend beyond 20 years 

10 after the date of issuance. 

11 ‘‘(2) EXTENDED TERM OF OBLIGATION FOR

12 CERTAIN PROJECTS.—An insurance, guaranty, or re13 insurance of an equity investment in a renewable en14 ergy project in sub-Saharan Africa may extend up to 

15 30 years after the date of issuance.’’. 

16 SEC. 207. INSPECTOR GENERAL. 

17 (a) IN GENERAL.—Section 8G(a) of the Inspector 

18 General Act of 1978 (5 U.S.C. App.) is amended— 

19 (1) in paragraph (2), by inserting ‘‘the Over20 seas Private Investment Corporation,’’ after ‘‘the 

21 National Science Foundation,’’; and 

22 (2) in paragraph (4)— 

23 (A) in subparagraph (G), by striking ‘‘; 

24 and’’ and inserting a semicolon; 

25 (B) in subparagraph (H), by inserting 

26 ‘‘and’’ after the semicolon; and 


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1 (C) by adding at the end the following: 

2 ‘‘(I) with respect to the Overseas Private 

3 Investment Corporation, such term means the 

4 Board of Directors of the Overseas Private In5 vestment Corporation (established under section 

6 233(b) of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2193(b)));’’. 

8 (b) CONFORMING AMENDMENT.—Section 239 of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2199) is 

10 amended by striking subsection (e). 

11 SEC. 208. ASSESSMENT OF CUSTOMER SATISFACTION. 

12 Section 239 of the Foreign Assistance Act of 1961 

13 (22 U.S.C. 2199) is amended by adding at the end the 

14 following: 

15 ‘‘(l) ASSESSMENT OF CUSTOMER SATISFACTION.— 

16 ‘‘(1) IN GENERAL.—Each fiscal year, the Cor17 poration shall conduct a survey of a sample of its 

18 customers to assess the satisfaction of those cus19 tomers with the operation and procedures of the 

20 Corporation, with particular attention to customers 

21 of the Corporation that are small businesses and co22 operatives. 

23 ‘‘(2) REPORT TO CONGRESS.—The Corporation 

24 shall include in its annual report required under sec25 tion 240A a report on the survey conducted under 


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1 paragraph (1) that includes, as appropriate, sum2 maries of recommendations made by customers of 

3 the Corporation with respect to ways to improve the 

4 operations and procedures of the Corporation.’’. 

5 SEC. 209. SCHEDULE B HIRING AUTHORITY. 

6 In carrying out the purposes of this Act and its re7 sponsibilities under this Act, the Overseas Private Invest8 ment Corporation may, in addition to other authorities 

9 available, employ not more than 20 individuals, on a lim10 ited-appointment basis, pursuant to schedule B of subpart 

11 C of part 213 of title 5, Code of Federal Regulations, for 

12 the purpose of furthering specific efforts in sub-Saharan 

13 Africa with respect to power production and generation 

14 and distribution, including off-grid efforts. 

15 SEC. 210. SENSE OF CONGRESS ON FUNDING. 

16 It is the sense of Congress that appropriations for 

17 the administrative expenses and activities under section 

18 234(g)(5) of the Foreign Assistance of 1961 (22 U.S.C. 

19 2194(g)(5)) of the Corporation in each of the fiscal years 

20 2015 through 2019 should be adjusted to reflect the re21 sources needed to carry out the purposes of this Act, in22 cluding enabling the Corporation to hire personnel and to 

23 upgrade systems infrastructure, as appropriate, to imple24 ment the purposes of this Act. 


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1 SEC. 211. REPORT ON EQUITY AUTHORITY. 

2 Not later than one year after the date of the enact3 ment of this Act, the Inspector General of the Overseas 

4 Private Investment Corporation (appointed pursuant to 

5 the amendments made by section 207) shall submit to 

6 Congress a report on the authorities of the Corporation 

7 to effectively meet its statutory objectives, including as 

8 modified by this Act, that includes an assessment of the 

9 following: 

10 (1) The effectiveness of the existing authorities 

11 of the Corporation in promoting investment in en12 ergy and infrastructure projects. 

13 (2) The effect granting the Corporation the au14 thority to directly invest in projects would have on— 

15 (A) the ability of the Corporation to sup16 port development projects, including infrastruc17 ture and energy projects, that advance the for18 eign policy goals of the United States; 

19 (B) the risk profile of the Corporation; 

20 (C) the budget of the Corporation; 

21 (D) the success rate of projects, measured 

22 in terms of capacity to meet development goals 

23 and financial targets; 

24 (E) sectors or regions in which equity in25 vestment would be particularly beneficial or 


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1 harmful to furthering the mission of the Cor2 poration; and 

3 (F) the capability of the Corporation to 

4 meet its statutory objectives, including as modi5 fied by this Act, including whether granting 

6 such authority would limit the effectiveness of 

7 the Corporation in meeting its goals with re8 spect to stimulating United States private sec9 tor investment in such projects, including in10 vestment by small- and medium-sized enter11 prises. 

12 (3) The effect of any other financing instru13 ments that may be better suited to energy or infra14 structure projects. 

15 (4) The competitiveness of financing provided 

16 by the Corporation relative to financing provided by 

17 development finance institutions of other major 

18 economies. 

Æ 


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