Electrify Africa Act of 2015
PL 114-121 (S.2152), enacted 02/08/2016

130 STAT. 86 
PUBLIC LAW 114–121—FEB. 8, 2016 
Public Law 114–121 
114th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Electrify Africa Act of 2015’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to encourage the efforts of countries 
in sub-Saharan Africa to improve access to affordable and reliable 
electricity in Africa in order to unlock the potential for inclusive 
economic growth, job creation, food security, improved health, edu-
cation, and environmental outcomes, and poverty reduction. 
SEC. 3. STATEMENT OF POLICY. 
It is the policy of the United States to partner, consult, and 
coordinate with the governments of sub-Saharan African countries, 
international financial institutions, and African regional economic 
communities, cooperatives, and the private sector, in a concerted 
effort to— 
(1) promote first-time access to power and power services 
for at least 50,000,000 people in sub-Saharan Africa by 2020 
in both urban and rural areas; 
(2) encourage the installation of at least 20,000 additional 
megawatts of electrical power in sub-Saharan Africa by 2020 
using a broad mix of energy options to help reduce poverty, 
promote sustainable development, and drive inclusive economic 
growth; 
(3) promote non-discriminatory reliable, affordable, and 
sustainable power in urban areas (including small urban areas) 
to promote economic growth and job creation; 
(4) promote policies to facilitate public-private partnerships 
to provide non-discriminatory reliable, sustainable, and afford-
able electrical service to rural and underserved populations; 
(5) encourage the necessary in-country reforms, including 
facilitating public-private partnerships specifically to support 
electricity access projects to make such expansion of power 
access possible; 
(6) promote reforms of power production, delivery, and 
pricing, as well as regulatory reforms and transparency, to 
Electrify Africa 
Act of 2015. 
22 USC 2293 
note. 
Feb. 8, 2016 
[S. 2152] 
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130 STAT. 87 
PUBLIC LAW 114–121—FEB. 8, 2016 
support long-term, market-based power generation and dis-
tribution; 
(7) promote policies to displace kerosene lighting with other 
technologies; 
(8) 
promote 
an 
all-of-the-above 
energy 
development 
strategy for sub-Saharan Africa that includes the use of oil, 
natural gas, coal, hydroelectric, wind, solar, and geothermal 
power, and other sources of energy; and 
(9) promote and increase the use of private financing and 
seek ways to remove barriers to private financing and assist-
ance for projects, including through charitable organizations. 
SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR STRATEGY. 
(a) STRATEGY REQUIRED.— 
(1) IN
GENERAL.—The President shall establish a com-
prehensive, integrated, multiyear strategy to encourage the 
efforts of countries in sub-Saharan Africa to implement national 
power strategies and develop an appropriate mix of power 
solutions to provide access to sufficient reliable, affordable, 
and sustainable power in order to reduce poverty and drive 
economic growth and job creation consistent with the policy 
stated in section 3. 
(2) FLEXIBILITY AND RESPONSIVENESS.—The President shall 
ensure that the strategy required under paragraph (1) main-
tains sufficient flexibility for and remains responsive to con-
cerns and interests of affected local communities and techno-
logical innovation in the power sector. 
(b) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the President shall transmit to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives a report that 
contains the strategy required under subsection (a) and includes 
a discussion of the following elements: 
(1) The objectives of the strategy and the criteria for deter-
mining the success of the strategy. 
(2) A general description of efforts in sub-Saharan Africa 
to— 
(A) increase power production; 
(B) strengthen electrical transmission and distribution 
infrastructure; 
(C) provide for regulatory reform and transparent and 
accountable governance and oversight; 
(D) improve the reliability of power; 
(E) maintain the affordability of power; 
(F) maximize the financial sustainability of the power 
sector; and 
(G) improve non-discriminatory access to power that 
is done in consultation with affected communities. 
(3) A description of plans to support efforts of countries 
in sub-Saharan Africa to increase access to power in urban 
and rural areas, including a description of plans designed to 
address commercial, industrial, and residential needs. 
(4) A description of plans to support efforts to reduce waste 
and corruption, ensure local community consultation, and 
improve existing power generation through the use of a broad 
President. 
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130 STAT. 88 
PUBLIC LAW 114–121—FEB. 8, 2016 
power mix, including fossil fuel and renewable energy, distrib-
uted generation models, energy efficiency, and other techno-
logical innovations, as appropriate. 
(5) An analysis of existing mechanisms for ensuring, and 
recommendations to promote— 
(A) commercial cost recovery; 
(B) commercialization of electric service through dis-
tribution service providers, including cooperatives, to con-
sumers; 
(C) improvements in revenue cycle management, power 
pricing, and fees assessed for service contracts and connec-
tions; 
(D) reductions in technical losses and commercial 
losses; and 
(E) non-discriminatory access to power, including rec-
ommendations on the creation of new service provider 
models that mobilize community participation in the provi-
sion of power services. 
(6) A description of the reforms being undertaken or 
planned by countries in sub-Saharan Africa to ensure the long- 
term economic viability of power projects and to increase access 
to power, including— 
(A) reforms designed to allow third parties to connect 
power generation to the grid; 
(B) policies to ensure there is a viable and independent 
utility regulator; 
(C) strategies to ensure utilities become or remain 
creditworthy; 
(D) regulations that permit the participation of inde-
pendent power producers and private-public partnerships; 
(E) policies that encourage private sector and coopera-
tive investment in power generation; 
(F) policies that ensure compensation for power pro-
vided to the electrical grid by on-site producers; 
(G) policies to unbundle power services; 
(H) regulations to eliminate conflicts of interest in 
the utility sector; 
(I) efforts to develop standardized power purchase 
agreements and other contracts to streamline project 
development; 
(J) efforts to negotiate and monitor compliance with 
power purchase agreements and other contracts entered 
into with the private sector; and 
(K) policies that promote local community consultation 
with respect to the development of power generation and 
transmission projects. 
(7) A description of plans to ensure meaningful local con-
sultation, as appropriate, in the planning, long-term mainte-
nance, and management of investments designed to increase 
access to power in sub-Saharan Africa. 
(8) A description of the mechanisms to be established for— 
(A) selection of partner countries for focused engage-
ment on the power sector; 
(B) monitoring and evaluating increased access to, and 
reliability and affordability of, power in sub-Saharan Africa; 
Analysis. 
Recommenda- 
tions. 
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130 STAT. 89 
PUBLIC LAW 114–121—FEB. 8, 2016 
(C) maximizing the financial sustainability of power 
generation, transmission, and distribution in sub-Saharan 
Africa; 
(D) establishing metrics to demonstrate progress on 
meeting goals relating to access to power, power generation, 
and distribution in sub-Saharan Africa; and 
(E) terminating unsuccessful programs. 
(9) A description of how the President intends to promote 
trade in electrical equipment with countries in sub-Saharan 
Africa, including a description of how the government of each 
country receiving assistance pursuant to the strategy— 
(A) plans to lower or eliminate import tariffs or other 
taxes for energy and other power production and distribu-
tion technologies destined for sub-Saharan Africa, including 
equipment used to provide energy access, including solar 
lanterns, solar home systems, and micro and mini grids; 
and 
(B) plans to protect the intellectual property of compa-
nies designing and manufacturing products that can be 
used to provide energy access in sub-Saharan Africa. 
(10) A description of how the President intends to encour-
age the growth of distributed renewable energy markets in 
sub-Saharan Africa, including off-grid lighting and power, that 
includes— 
(A) an analysis of the state of distributed renewable 
energy in sub-Saharan Africa; 
(B) a description of market barriers to the deployment 
of distributed renewable energy technologies both on- and 
off-grid in sub-Saharan Africa; 
(C) an analysis of the efficacy of efforts by the Overseas 
Private Investment Corporation and the United States 
Agency for International Development to facilitate the 
financing of the importation, distribution, sale, leasing, 
or marketing of distributed renewable energy technologies; 
and 
(D) a description of how bolstering distributed renew-
able energy can enhance the overall effort to increase power 
access in sub-Saharan Africa. 
(11) A description of plans to ensure that small and medium 
enterprises based in sub-Saharan Africa can fairly compete 
for energy development and energy access opportunities associ-
ated with this Act. 
(12) A description of how United States investments to 
increase access to energy in sub-Saharan Africa may reduce 
the need for foreign aid and development assistance in the 
future. 
(13) A description of policies or regulations, both domesti-
cally and internationally, that create barriers to private 
financing of the projects undertaken in this Act. 
(14) A description of the specific national security benefits 
to the United States that will be derived from increased energy 
access in sub-Saharan Africa. 
(c) INTERAGENCY WORKING GROUP.— 
(1) IN GENERAL.—The President may, as appropriate, estab-
lish an Interagency Working Group to coordinate the activities 
Analysis. 
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130 STAT. 90 
PUBLIC LAW 114–121—FEB. 8, 2016 
of relevant United States Government departments and agen-
cies involved in carrying out the strategy required under this 
section. 
(2) FUNCTIONS.—The Interagency Working Group may, 
among other things— 
(A) seek to coordinate the activities of the United 
States Government departments and agencies involved in 
implementing the strategy required under this section; 
(B) ensure efficient and effective coordination between 
participating departments and agencies; and 
(C) facilitate information sharing, and coordinate part-
nerships between the United States Government, the pri-
vate sector, and other development partners to achieve 
the goals of the strategy. 
SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR POWER 
PROJECTS IN SUB-SAHARAN AFRICA BY KEY UNITED STATES 
INSTITUTIONS. 
(a) IN GENERAL.—In pursuing the policy goals described in 
section 3, the Administrator of the United States Agency for Inter-
national Development, the Director of the Trade and Development 
Agency, the Overseas Private Investment Corporation, and the 
Chief Executive Officer and Board of Directors of the Millennium 
Challenge Corporation should, as appropriate, prioritize and expe-
dite institutional efforts and assistance to facilitate the involvement 
of such institutions in power projects and markets, both on- and 
off-grid, in sub-Saharan Africa and partner with other investors 
and local institutions in sub-Saharan Africa, including private sector 
actors, to specifically increase access to reliable, affordable, and 
sustainable power in sub-Saharan Africa, including through— 
(1) maximizing the number of people with new access to 
power and power services; 
(2) improving and expanding the generation, transmission 
and distribution of power; 
(3) providing reliable power to people and businesses in 
urban and rural communities; 
(4) addressing the energy needs of marginalized people 
living in areas where there is little or no access to a power 
grid and developing plans to systematically increase coverage 
in rural areas; 
(5) reducing transmission and distribution losses and 
improving end-use efficiency and demand-side management; 
(6) reducing energy-related impediments to business 
productivity and investment; and 
(7) building the capacity of countries in sub-Saharan Africa 
to monitor and appropriately and transparently regulate the 
power sector and encourage private investment in power 
production and distribution. 
(b) EFFECTIVENESS MEASUREMENT.—In prioritizing and expe-
diting institutional efforts and assistance pursuant to this section, 
as appropriate, such institutions shall use clear, accountable, and 
metric-based targets to measure the effectiveness of such guarantees 
and assistance in achieving the goals described in section 3. 
(c) PROMOTION OF USE OF PRIVATE FINANCING AND ASSIST-
ANCE.—In carrying out policies under this section, such institutions 
shall promote the use of private financing and assistance and seek 
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130 STAT. 91 
PUBLIC LAW 114–121—FEB. 8, 2016 
ways to remove barriers to private financing for projects and pro-
grams under this Act, including through charitable organizations. 
(d) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to authorize modifying or limiting the portfolio of the 
institutions covered by subsection (a) in other developing regions. 
SEC. 6. LEVERAGING INTERNATIONAL SUPPORT. 
In implementing the strategy described in section 4, the Presi-
dent should direct the United States representatives to appropriate 
international bodies to use the influence of the United States, 
consistent with the broad development goals of the United States, 
to advocate that each such body— 
(1) commit to significantly increase efforts to promote 
investment in well-designed power sector and electrification 
projects in sub-Saharan Africa that increase energy access, 
in partnership with the private sector and consistent with 
the host countries’ absorptive capacity; 
(2) address energy needs of individuals and communities 
where access to an electricity grid is impractical or cost-prohibi-
tive; 
(3) enhance coordination with the private sector in sub- 
Saharan Africa to increase access to electricity; 
(4) provide technical assistance to the regulatory authori-
ties of sub-Saharan African governments to remove unnecessary 
barriers to investment in otherwise commercially viable 
projects; and 
(5) utilize clear, accountable, and metric-based targets to 
measure the effectiveness of such projects. 
SEC. 7. PROGRESS REPORT. 
(a) IN GENERAL.—Not later than three years after the date 
of the enactment of this Act, the President shall transmit to the 
Committee on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate a report on 
progress made toward achieving the strategy described in section 
4 that includes the following: 
(1) A report on United States programs supporting 
implementation of policy and legislative changes leading to 
increased power generation and access in sub-Saharan Africa, 
including a description of the number, type, and status of 
policy, regulatory, and legislative changes initiated or imple-
mented as a result of programs funded or supported by the 
United States in countries in sub-Saharan Africa to support 
increased power generation and access after the date of the 
enactment of this Act. 
(2) A description of power projects receiving United States 
Government support and how such projects, including off-grid 
efforts, are intended to achieve the strategy described in section 
4. 
(3) For each project described in paragraph (2)— 
(A) a description of how the project fits into, or encour-
ages modifications of, the national energy plan of the 
country in which the project will be carried out, including 
encouraging regulatory reform in that county; 
(B) an estimate of the total cost of the project to the 
consumer, the country in which the project will be carried 
out, and other investors; 
Cost estimate. 
President. 
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130 STAT. 92 
PUBLIC LAW 114–121—FEB. 8, 2016 
LEGISLATIVE HISTORY—S. 2152: 
SENATE REPORTS: No. 114–176 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): Dec. 18, considered and passed Senate. 
Vol. 162 (2016): Feb. 1, considered and passed House. 
(C) the amount of financing provided or guaranteed 
by the United States Government for the project; 
(D) an estimate of United States Government resources 
for the project, itemized by funding source, including from 
the Overseas Private Investment Corporation, the United 
States Agency for International Development, the Depart-
ment of the Treasury, and other appropriate United States 
Government departments and agencies; 
(E) an estimate of the number and regional locations 
of individuals, communities, businesses, schools, and health 
facilities that have gained power connections as a result 
of the project, with a description of how the reliability, 
affordability, and sustainability of power has been 
improved as of the date of the report; 
(F) an assessment of the increase in the number of 
people and businesses with access to power, and in the 
operating electrical power capacity in megawatts as a result 
of the project between the date of the enactment of this 
Act and the date of the report; 
(G) a description of efforts to gain meaningful local 
consultation for projects associated with this Act and any 
significant estimated noneconomic effects of the efforts car-
ried out pursuant to this Act; and 
(H) a description of the participation by small and 
medium enterprises based in sub-Saharan Africa on 
projects associated with this Act. 
Approved February 8, 2016. 
Assessment. 
Estimate. 
Project estimate. 
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