Library / Laws / 113th / s / S. 2508 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2508
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.
Short title; table of contents
(a)
Short title
This Act may be cited as the
Energize Africa Act of 2014.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—Policies to improve access to power in sub-Saharan 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 sub-Saharan 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.
2.
Findings
Congress makes the following findings:
(1) As of 2010, approximately 589,000,000 people in sub-Saharan Africa, or 68 percent of the
population, did not have access to power.
(2) Lack of access to power services disproportionally affects women, who often shoulder the burden of
seeking sources of heat and light such as dung, wood, or charcoal and are
often more exposed to the associated negative health effects.
(3) Women and girls also face increased risks of assault from walking long distances to gather fuel
sources.
(4) Access to power creates opportunities for people to work their way out of poverty, including
through entrepreneurship.
(5) A lack of power contributes to the high use of inefficient and often highly polluting fuel sources
for indoor cooking, heating, and lighting that produce toxic fumes
resulting in more than 3,000,000 annual premature deaths from respiratory
disease.
(6) Reliable access to power is crucial for the storage of vaccines and antiretroviral and other
lifesaving medical drugs, as well as for the operation of modern
lifesaving medical equipment.
(7) Access to power can be used to improve food security by enabling post-harvest processing, pumping,
irrigation, dry grain storage, milling, and refrigeration, and for other
uses.
(8) Access to power can provide improved information and communication technologies that can greatly
improve health and education outcomes as well as economic and commercial
opportunities.
(9) For the majority of people with access to power in sub-Saharan Africa, power services are highly
unreliable and remain at least twice as expensive compared to other
emerging regions.
(10) According to Enterprise Surveys of the World Bank, power cuts in sub-Saharan Africa cost companies
more than 10 percent of sales in certain countries.
(11) The consumer base in sub-Saharan Africa of approximately 1,000,000,000 people is rapidly growing
and will create increasing demand for United States goods, services, and
technologies, but the current power deficit in sub-Saharan Africa limits
that growth in demand by restricting economic growth on the continent of
Africa.
(12) Approximately 30 countries in sub-Saharan Africa face endemic power shortages, and nearly 70
percent of surveyed businesses in sub-Saharan Africa cite unreliable power
as a major constraint to growth.
(13) The work of the Millennium Challenge Corporation in the energy sector shows high projected economic
rates of returns that translate to sustainable economic growth and the
highest returns are projected when infrastructure improvements are coupled
with significant legislative, policy, and regulatory reforms and
institutional strengthening.
(14) Sub-Saharan Africa has abundant renewable and fossil fuel resources with which to generate power.
(15) In some countries in sub-Saharan Africa, weak governance capacity, undue regulatory barriers, and
unnecessary legal constraints, as well as a lack of transparency and
accountability, stifle the ability of public and private investment to
assist in the generation and distribution of power.
(16) Without new policies and more effective public and private investments in power sector enterprises
to increase and expand access to power in sub-Saharan Africa, more than 70
percent of the rural population, and 48 percent of the total population,
are likely to remain without access to power through at least 2030.
(17) Consumers in sub-Saharan Africa spend billions of dollars annually on kerosene and other fuels for
household needs, which can, for poor families, represent more than 15
percent of household income and can expose residents to significant fire
and toxicity risks.
(18) Kerosene lamps used in homes can cause fires and severe burn injuries and expose users to hazardous
air pollutants in close quarters, and switching from fuel-based lighting
to
cheaper, cleaner systems would
provide higher quality light with no negative health effects while
achieving significant economic savings.
(19) New technological advances in power generation coupled with more efficient appliances are resulting
in robust, affordable, and non-polluting off-grid power solutions and
entrepreneurs are developing new business models allowing off-grid
households to finance systems over time, resulting in
a rapidly growing off-grid power market.
I
Policies to improve access to power in sub-Saharan Africa
101.
Purpose
The purpose of this title is to assist countries in sub-Saharan Africa to improve access to
affordable and reliable power in order to unlock the potential for
economic growth and promote development, job creation, food security,
improved health, educational, and environmental outcomes, and reduce
poverty.
102.
Statement of policy
Congress declares that it is the policy of the United States to partner, consult, and coordinate
with the governments of sub-Saharan African countries, international
financial institutions, African regional economic communities, 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 economic
growth;
(3) promote reliable, affordable, and sustainable power in urban areas (including small urban areas) to
promote economic growth and job creation;
(4) promote efficient institutional platforms and financing to provide electrical service to rural and
underserved populations;
(5) encourage the necessary in-country reforms 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 support long-term, market-based power generation and
distribution; and
(7) promote policies to displace kerosene lighting with other technologies.
103.
Development of comprehensive, multiyear strategy
(a)
Strategy required
(1)
In general
The President shall establish a comprehensive, integrated, multiyear strategy to assist countries
in sub-Saharan Africa to implement national power strategies and develop
an appropriate mix of power solutions, including renewable energy, to
provide access to sufficient reliable, affordable, and sustainable power
in order to reduce poverty and drive economic growth and job creation.
(2)
Flexibility and responsiveness
The President shall ensure that the strategy required by paragraph (1) maintains sufficient
flexibility for and remains responsive to technological 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 submit 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 by subsection (a) and includes a discussion of the
following elements:
(1) The general and specific objectives of the strategy.
(2) The criteria for determining the success of the strategy.
(3) A description of the manner in which the strategy will support efforts of countries receiving
assistance pursuant to the strategy to improve access to power using a
broad mix of energy options and improve the affordability and reliability
of power in sub-Saharan Africa.
(4) A general description of regional and country plans and significant local efforts, as appropriate,
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 access to power.
(5) A description of plans to support efforts of countries receiving assistance pursuant to the
strategy to increase access to power in urban and rural areas, including a
description of plans designed to address commercial, industrial, and
residential needs.
(6) A description of plans to support efforts of such countries to reduce waste and corruption and
improve existing power generation through the use of a broad power mix,
including fossil fuel and renewable energy, distributed generation models,
and other technological innovations, as appropriate.
(7) An analysis of existing mechanisms for ensuring, and recommendations to promote—
(A) commercial cost recovery in countries receiving assistance pursuant to the strategy;
(B) commercialization of electric service through distribution service providers to consumers;
(C) improvements in revenue cycle management, power pricing, and fees assessed for service contracts
and connections;
(D) reductions in technical losses in the transmission systems and commercial losses resulting from
inefficiencies, including inefficiencies in the billing and collection
cycle, theft, and manipulation of meter reading and billing systems; and
(E) access to power, including recommendations on the creation of new service provider models that
mobilize community participation in the provision of power services.
(8) A description of United States Government efforts to support the efforts of countries receiving
assistance pursuant to the
strategy to leverage private sector resources and public sector financing
pursuant to the strategy.
(9) 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 affordably,
quickly, and without undue regulatory burdens;
(B) policies to ensure there is a viable, adequately resourced, independent, and capable utility
regulator;
(C) strategies to ensure utilities become or remain creditworthy;
(D) regulations that permit the participation of independent power producers and private-public
partnerships;
(E) policies that encourage private investment in power generation;
(F) policies that ensure compensation for power provided to the electrical grid by on-site producers;
(G) policies to unbundle power services; and
(H) regulations to eliminate conflicts of interest in the utility sector.
(10) A description of plans to ensure—
(A) local consultation, as appropriate, in the planning, long-term
maintenance, and management of investments designed to increase access to
power in sub-Saharan Africa; and
(B) that such investments are sustainable and
transparent, including through the provision of technical assistance and
training.
(11) An identification of the relevant United States Government departments and agencies that will be
involved in
carrying out the strategy.
(12) A description of the level and distribution of resources that will be dedicated on an annual basis
among those departments and agencies.
(13) A description of the role of each such department or agency and the types of programs that each
such department or agency will
conduct.
(14) A description of the mechanisms that will be used to coordinate the efforts of United States
Government departments and agencies in
carrying out the strategy to avoid duplication of efforts, enhance
coordination, and ensure that each such department or agency conducts
programs primarily
in the areas in which that department or agency has the greatest
expertise, technical
capabilities, and potential for success.
(15) A description of the mechanisms to be established for—
(A) monitoring and evaluating increased access to, and reliability and affordability of, power in
sub-Saharan Africa for individuals, communities, and businesses;
(B) maximizing the financial sustainability of power generation, transmission, and distribution in
sub-Saharan Africa;
(C) sharing best practices among relevant United States Government departments and agencies and with
other countries
and institutions participating in efforts to increase access to power 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.
(16) A description of the engagement plan for working with local communities benefitting from or
affected by projects carried out pursuant to the strategy.
(17) A description of the mechanisms that will be used to ensure greater coordination between the United
States and foreign governments, international organizations, African
regional economic communities, international financial institutions,
international fora such as the G–8 and G–20, and private sector and civil
society organizations.
(18) An outline of how the President intends to partner with foreign governments, the World Bank Group,
the African Development Bank, the private sector, and other development
partners to assist sub-Saharan African countries to conduct project
studies and facilitate project development.
(19) A description of how the President intends to help facilitate transnational and regional
electrification projects where appropriate.
(20) A description of how the President intends to help sub-Saharan countries use new or potential
fossil fuel and other resources in order to provide power to their
citizens.
(21) 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
distribution 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 companies designing and manufacturing products that
can be used to provide energy access in sub-Saharan Africa.
(22) A description of how the President intends to work with the African Development Bank and other
partners to increase the capacity of sub-Saharan African utilities to—
(A) develop standardized power purchase agreements and other contracts to streamline project
development; and
(B) negotiate and monitor compliance with power purchase agreements and other contracts entered into
with the private sector.
(23) A description of how the President intends to encourage the growth of distributed renewable energy
markets in sub-Saharan Africa, including off-grid lighting and power, that
includes—
(A) a country-by-country analysis of the state of distributed renewable energy in sub-Saharan Africa,
including off-grid lighting and power;
(B) a description of market barriers to the deployment of distributed renewable energy technologies
both on- and off-grid in sub-Saharan Africa;
(C) measures United States Government departments and agencies, including the United States Agency for
International
Development and
the Overseas Private Investment Corporation, can take—
(i) to overcome or eliminate market barriers or enhance financing opportunities for distributed
renewable energy
solutions in sub-Saharan Africa; and
(ii) to assist multilateral organizations such as the World Bank Group in efforts to eliminate such
barriers or enhance such opportunities;
(D) the amount and kind of financial support and financing provided to participants in distributed
energy markets by the United States Government, international financial
institutions, and other international organizations;
(E) 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
(F) a description of how bolstering distributed renewable energy can enhance the overall effort to
increase power access in sub-Saharan Africa.
(24) Any other issues the President determines are relevant to the strategy.
(c)
African power advisory group
(1)
Establishment
For the purposes of developing the strategy required by subsection (a), the President shall
establish an African Power Advisory Group to advise on the development
and
implementation of the strategy and report required by this section and
assistance provided pursuant to this section.
(2)
Membership
The African Power Advisory Group shall be composed of 12 members appointed by the President,
including the following:
(A) The Coordinator of the President’s Power Africa Initiative.
(B) Seven individuals from the power sector, of whom—
(i) at least one shall have experience in the fossil fuel power sector;
(ii) at least one shall have experience with the rural electrical cooperatives;
(iii) at least one shall have experience in the renewable energy sector; and
(iv) at least one shall have experience in the distributed generation sector.
(C) Three individuals, other than individuals described in subparagraph (B), who shall have
experience in working with the business community in Africa or with
governments of countries in Africa.
(D) One individual who shall have experience with utility regulation.
(3)
Functions
The President shall call upon members of the African Power Advisory Group, either collectively or
individually, to advise the President regarding the development and
implementation of the strategy and report required by this section and
assistance provided pursuant to this section.
(4)
Meetings
The African Power Advisory Group shall meet not later than 60 days after the date of the enactment
of this Act and not less frequently than annually thereafter.
(5)
Federal advisory committee act
The African Power Advisory Group established under this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
104.
Sense of Congress on priorities with respect the energy sector of sub-Saharan African countries
It is the sense of Congress that—
(1) as the United States deepens its engagement with countries in sub-Saharan Africa pursuant to the
authorities provided under this Act, priority should be given to countries
with a demonstrated commitment to—
(A) transparency, accountability, and credibility in energy sector governance;
(B) prudent macroeconomic management of energy resources, including sound fiscal and debt management;
(C) energy sector reforms, including tariff reform, unbundling of vertically integrated utilities, and
access for independent power producers;
(D) responsible development of newly discovered energy resources;
(E) expansion of power generation, transmission, and access, including distributed mini-grid and
off-grid solutions; and
(F) private sector and investment climate reforms, such as strong rule of law and robust controls over
the business regulatory environment; and
(2) the United States should consider, in prioritizing efforts carried out pursuant to this Act—
(A) opportunities for the United States private sector to contribute to the energy sector in
sub-Saharan African countries through technology, innovation, and project
development;
(B) the potential of such efforts to facilitate regional power trade and expand power access across
borders;
(C) private sector interest and participation in the energy sector of sub-Saharan African countries;
(D) the long-term financial viability of energy sector projects in development;
(E) opportunities to collaborate with international donors and partners in energy sector development
involving multilateral institutions such as the World Bank Group and the
African Development Bank;
(F) the availability of United States Government resources and appropriate funds to support the
expansion
of technical assistance, delivery units, and transaction advisors and
teams to implement United States Government programs to expand power
access in sub-Saharan Africa; and
(G) mechanisms to promote efficient and effective coordination among United States Government
departments and agencies,
including allocation of well-defined roles for each such
department or agency.
105.
Prioritization of assistance for power projects in sub-Saharan Africa by the United States
Agency for International Development
(a)
Loan guarantees
In pursuing the policy goals described in section 102, the Administrator of the United States
Agency for International Development should prioritize loan guarantees to
local financial institutions in sub-Saharan Africa, as appropriate, to—
(1) facilitate the involvement of such institutions in power projects and markets, both on-
and off-grid, in sub-Saharan Africa;
(2) allow such institutions to partner with other investors to leverage expertise and increase the
impact of such loan guarantees for energy access and power production
projects in sub-Saharan Africa;
(3) allow such institutions to partner with other investors to fund local research, development, and
deployment of technology in order to specifically increase access to
reliable, affordable, and sustainable power in sub-Saharan Africa; and
(4) allow such institutions to fund the development of plans to increase distribution coverage,
including off-grid projects and services in rural areas of sub-Saharan
Africa.
(b)
Grants
The Administrator shall prioritize assistance to—
(1) support the implementation or development, as appropriate, of national, regional, and local energy
and economically sustainable power policy plans in sub-Saharan Africa;
(2) expand power access across sub-Saharan Africa, including specifically to the poorest populations
and rural and isolated communities;
(3) build 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; and
(4) increase access to reliable, affordable, and sustainable power in sub-Saharan Africa, including the
development of plans to increase power access in rural areas.
(c)
Effectiveness measurement
In providing the loan guarantees and assistance prioritized pursuant to this section, the
Administrator shall use clear, accountable, and metric-based targets to
measure the effectiveness of such guarantees and assistance in achieving
the goals described in section 102.
(d)
Rule of construction
Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the
United States Agency
for International Development in other developing regions.
106.
Prioritization of assistance for power projects in sub-Saharan Africa by the Trade and Development
Agency
(a)
In general
The Director of the Trade and Development Agency should prioritize, as appropriate—
(1) the promotion of United States private sector participation in energy sector development projects
in sub-Saharan Africa by conducting project preparation activities for
projects in sub-Saharan Africa, including feasibility studies, technical
assistance, pilot projects, reverse trade missions, conferences, and
workshops; and
(2) the funding of project preparation activities for projects in sub-Saharan Africa that involve
increased access to power, including power generation and trade capacity
building.
(b)
Focus
The project preparation activities described in subsection (a) should focus on supporting projects
in sub-Saharan Africa that enhance efficiencies in the areas of power
generation, transmission, and distribution grids, including on-grid,
off-grid, and micro-grid solutions, and best practices in demand-side
management.
(c)
Rule of construction
Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the
Trade and Development
Agency in other developing regions.
107.
Prioritization of assistance for power projects in sub-Saharan Africa by the Overseas Private
Investment
Corporation
(a)
In general
The Overseas Private Investment Corporation should, as appropriate—
(1) prioritize support for private sector investments in the power sector of sub-Saharan Africa,
including in renewable energy, that will—
(A) maximize the number of people with new access to power and power services;
(B) improve and expand the transmission and distribution of power and off-grid lighting and power
solutions;
(C) provide reliable power to people and businesses in urban and rural communities;
(D) address the energy needs of people living in areas where there is little or no access to a power
grid;
(E) reduce transmission and distribution losses and improve end-use efficiency and demand-side
management; and
(F) reduce energy-related impediments to business productivity and investment;
(2) implement procedures for expedited review of and, where appropriate, approval of, applications by
eligible investors (as defined in section 238 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2198)) for loans, loan guarantees, and insurance
for such investments;
(3) encourage small- and medium-sized enterprises and cooperative service providers to participate in
energy investment activities in sub-Saharan Africa; and
(4) publish information on the effects of its energy investments on development in sub-Saharan Africa.
(b)
Rule of construction
Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the
Overseas Private
Investment Corporation in other developing regions.
108.
Prioritization of assistance for power projects in sub-Saharan Africa by the World Bank
Group
and the African Development Bank
(a)
In general
The Secretary of the Treasury should direct the United States Executive Directors of the World Bank
Group and the African Development Bank to, as appropriate, use the voice,
vote, and influence of the United States to help ensure the World Bank
Group and the African Development Bank—
(1) prioritize—
(A) increasing their investment in, and efforts to promote investment in,
well-designed power sector and electrification projects in sub-Saharan
Africa;
(B) creating financing opportunities, provide financing, and provide technical assistance to promote
both
on- and off-grid power and lighting solutions in sub-Saharan Africa;
(C) stimulating private investment in reliable, affordable, and sustainable power in sub-Saharan
Africa; and
(D) providing technical assistance to the regulatory authorities of governments in sub-Saharan Africa
to—
(i) remove unnecessary regulatory and legal barriers to investment in commercially viable power
projects and markets;
(ii) modify regulatory and legal regimes to assist providers in reducing power transmission and
distribution technical losses;
(iii) implement cost-based power tariffs and provide for commercial cost recovery;
(iv) encourage end-use efficiency and demand-side management in the power sector;
(v) strengthen local power markets;
(vi) reduce corruption in the power industry, including in government and regulatory processes
associated with power production and distribution;
(vii) encourage domestic investment in the power sector;
(viii) improve transparency and good governance with respect to regulatory and legal processes and
requirements in the power sector;
(ix) encourage affordable and expedited interconnection for distributed energy systems and independent
power producers;
(x) ensure compliance with the best practices of the World Bank Group and the African Development Bank;
and
(xi) implement regulatory and legal reforms that facilitate efficient power generation, transmission,
and distribution and efficient off-grid energy markets;
(2) use clear, accountable, and metric-based targets to measure the effectiveness of investment and
other assistance provided by the World Bank Group or the African
Development Bank, as the case may be, for power sector and electrification
projects in
sub-Saharan Africa; and
(3) support the efforts of the World Bank Group to foster growth in the off-grid lighting and power
markets.
(b)
Rule of construction
Nothing in this section shall be construed to authorize the Secretary of the Treasury to advocate
for modifying or limiting the portfolio of the World Bank Group or the
African Development Bank in other developing regions.
109.
Prioritization of assistance for power projects in sub-Saharan Africa by the United States African
Development Foundation
(a)
In general
The Board of Directors and the President of the United States African Development Foundation should
seek
opportunities to make grants and provide technical support to
businesses and organizations in sub-Saharan Africa that qualify for
assistance from the Foundation and are developing on- and
off-grid solutions to meet the power needs of rural communities
underserved by national grids.
(b)
Focus
The mission of the United States African Development Foundation under subsection (a) is to meet the
needs of underserved communities
and close critical development gaps with speed, efficiency, and
effectiveness.
110.
Progress report
(a)
In general
Not later than 3 years after the date of the enactment of this Act, the President shall submit to
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on progress made
toward achieving the policy goals described in section 102 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 implemented 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 policy
goals described in section 102.
(3) For each project described in paragraph (2)—
(A) a description of how the project fits into, or encourages modifications of, the national energy
plan of the country in which the project will be carried out, including
encouraging regulatory reform in that country;
(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;
(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 Department of the
Treasury, or other appropriate United States Government departments and
agencies;
(E) an estimate of the number 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; and
(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.
(4) A description of any significant estimated non-economic effects of the efforts carried out pursuant
to this Act.
II
Overseas Private Investment Corporation
201.
Extension of issuing authority
Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is amended by
striking 2007 and inserting 2019.
202.
Expedited procedures for financing of small projects related to power generation and distribution
in sub-Saharan Africa
(a)
In general
Not later than 180 days after the date of the enactment of this Act, the Overseas Private
Investment Corporation should, as
appropriate, simplify and streamline the application, approval, and
post-approval processes for insurance, financing, investment, or
reinsurance for projects or subprojects, including off-grid efforts, in
sub-Saharan
Africa for which the total support of the Corporation is less than
$20,000,000, by—
(1) expediting the review and consideration of, and determinations with respect to, applications for
insurance, financing, investment, or reinsurance, consistent with
investment best practices, including appropriate risk management, for such
projects and subprojects; and
(2) reducing the burdens of project management for, and eliminating duplicative or unnecessary
oversight of such projects and subprojects after approval of insurance,
financing, investment, or reinsurance for projects or subprojects.
(b)
Consideration of best practices
In revising its procedures as required by subsection (a), the Overseas Private Investment
Corporation should consider best
practices established by the International Finance Corporation of the
World Bank Group.
203.
Activities in sub-Saharan Africa; investment advisory council
Section 233(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(e)) is amended to read as
follows:
(e)
Activities in sub-Saharan Africa; investment advisory council
(1)
In general
The Board should take prompt measures to prioritize, as appropriate, the loan, guarantee, and
insurance programs, and financial commitments, of the Corporation in
sub-Saharan Africa in the areas of power generation, distribution, and
off-grid power and lighting, including through the use of an investment
advisory council to assist the Board in developing and implementing
policies, programs, and financial instruments with respect to sub-Saharan
Africa.
(2)
Recommendations
The investment advisory council described in paragraph (1) shall make recommendations to the Board
on how the Corporation can facilitate greater support by the United States
for private sector trade and investment with and in sub-Saharan Africa.
(3)
Termination
The investment advisory council described in paragraph (1) shall terminate on December 31, 2018.
(4)
Applicability of federal advisory committee act
The investment advisory council described in paragraph (1) shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
.
204.
Pilot program for expansion of eligible investors
(a)
In general
The Overseas Private Investment Corporation shall conduct a pilot program under which entities
that are covered by section 238(c)(3) of the Foreign Assistance Act of
1961 (22 U.S.C. 2198(c)(3)) and are substantially beneficially owned by
United States citizens shall be considered eligible investors under
section 238(c) of that Act for
the sole purpose of receiving assistance from the Corporation for power
projects in sub-Saharan Africa.
(b)
Cap on assistance
Assistance provided by the Corporation for a power project in sub-Saharan Africa pursuant to
subsection (a) to an entity that is covered by
section 238(c)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2198(c)(3)) and is substantially beneficially owned by United States
citizens shall
not exceed the lesser of—
(1) the share of ownership in the entity of such United States citizens; or
(2) the percentage of the investment of the entity in
the project.
(c)
Termination of pilot program
The pilot program under subsection (a) shall terminate on the date that is 5 years after the date
of the enactment of this Act.
(d)
Continued validity of existing support
Notwithstanding subsection (c), any support provided before the date that is 5 years after the date
of the enactment of this Act pursuant to the pilot program under
subsection (a) shall remain valid on and after that date.
205.
Pilot program for direct investment and local currency guaranties for power projects
in
sub-Saharan Africa
(a)
In general
The Overseas Private Investment Corporation shall conduct a pilot program to—
(1) make loans to eligible investors under section 234(c) of the Foreign Assistance Act
of 1961 (22 U.S.C.
2194(c)) for power projects in sub-Saharan Africa and for which the total
support of the Corporation does not exceed $50,000,000; and
(2) issue local currency guarantees under section 234(h) of the Foreign Assistance Act
of 1961 (22 U.S.C.
2194(h)) to African subsidiaries of foreign financial
institutions if the issuance of such guarantees directly facilitates
lending
for power
projects in sub-Saharan Africa undertaken by eligible investors.
(b)
Eligible investor defined
In this section, the term eligible investor means an eligible investor as defined in section 238(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2198(c)) or described in section 204(a) of this Act.
(c)
Termination of pilot program
The pilot program under subsection (a) shall terminate on the date that is 5 years after the date
of the enactment of this Act.
(d)
Continued validity of existing loans and guarantees
Notwithstanding subsection (c), any loans made or local currency guarantees issued pursuant to the
pilot program under subsection (a) before the date that is 5 years after
the date of the enactment of this Act shall remain valid on and after that
date.
206.
Extension of maximum term of obligation for renewable energy projects in sub-Saharan Africa
Section 237(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2197(e)) is amended to read as
follows:
(e)
Maximum term of obligation
(1)
In general
Except as provided in paragraph (2), no insurance, guaranty, or reinsurance of any equity
investment shall extend beyond 20 years after the date of issuance.
(2)
Extended term of obligation for certain projects
An insurance, guaranty, or reinsurance of an equity investment in a renewable energy project in
sub-Saharan Africa may extend up to 30 years after the date of issuance.
.
207.
Inspector General
(a)
In general
Section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph (2), by inserting the Overseas Private Investment Corporation, after the National Science Foundation,; and
(2) in paragraph (4)—
(A) in subparagraph (G), by striking ; and and inserting a semicolon;
(B) in subparagraph (H), by inserting and after the semicolon; and
(C) by adding at the end the following:
(I) with respect to the Overseas Private Investment Corporation, such term means the Board of Directors
of the Overseas Private Investment Corporation (established under section
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)));
.
(b)
Conforming amendment
Section 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199) is amended by striking
subsection (e).
208.
Assessment of customer satisfaction
Section 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199) is amended by adding at the end
the following:
(l)
Assessment of customer satisfaction
(1)
In general
Each fiscal year, the Corporation shall conduct a survey of a sample of its customers to assess the
satisfaction of those customers with the operation and procedures of the
Corporation, with particular attention to customers of the Corporation
that are small businesses and cooperatives.
(2)
Report to congress
The Corporation shall include in its annual report required under section 240A a report on the
survey conducted under paragraph (1) that includes, as appropriate,
summaries of recommendations made by customers of the Corporation with
respect to ways
to improve the operations and procedures of the Corporation.
.
209.
Schedule B hiring authority
In carrying out the purposes of this Act and its responsibilities under this Act, the Overseas
Private
Investment
Corporation may, in addition to other authorities available, employ not
more than 20 individuals, on a limited-appointment basis, pursuant to
schedule B of subpart C of part 213 of title 5, Code of Federal
Regulations, for the purpose of furthering specific efforts in sub-Saharan
Africa with respect to power production and generation and distribution,
including off-grid efforts.
210.
Sense of Congress on funding
It is the sense of Congress that appropriations for the administrative expenses and activities
under section 234(g)(5) of the Foreign Assistance of 1961 (22 U.S.C.
2194(g)(5)) of the
Corporation in each of the fiscal years 2015 through 2019 should be
adjusted to reflect the resources needed to carry out the purposes of this
Act, including enabling the Corporation to hire personnel and to upgrade
systems infrastructure, as appropriate, to implement the purposes of this
Act.
211.
Report on equity authority
Not later than one year after the date of the enactment of this Act, the Inspector General of the
Overseas Private
Investment Corporation (appointed pursuant to the amendments made by
section 207) shall submit to Congress a report on the
authorities of the Corporation to effectively meet its statutory
objectives, including as modified by this Act, that includes an assessment
of the
following:
(1) The effectiveness of the existing authorities of the Corporation in
promoting investment in energy and infrastructure projects.
(2) The effect granting the Corporation the authority to
directly invest in projects would have on—
(A) the ability of the Corporation to support development projects, including
infrastructure and energy projects, that advance the foreign policy goals
of the United States;
(B) the risk profile of the Corporation;
(C) the budget of the Corporation;
(D) the success rate of projects, measured in terms of capacity to meet development
goals and financial targets;
(E) sectors or regions in which equity investment would be particularly beneficial or harmful to
furthering the
mission of the Corporation; and
(F) the capability of the Corporation to meet its statutory objectives, including as modified by this
Act, including whether granting such authority would limit the
effectiveness of the Corporation in meeting its goals with respect to
stimulating United States private sector investment in such projects,
including investment by small- and medium-sized enterprises.
(3) The effect of any other financing instruments that may be better suited to energy or
infrastructure projects.
(4) The competitiveness of financing provided by the Corporation relative to financing provided by
development finance institutions of other
major economies.