I
118THCONGRESS
1
STSESSION H. R. 1158
To amend the Toxic Substances Control Act with respect to new critical
energy resources, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY24, 2023
Mr. C
URTISintroduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Toxic Substances Control Act with respect
to new critical energy resources, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Elimination of Future 4
Technology Delays Act of 2023’’. 5
SEC. 2. CHEMICAL SUBSTANCE REVIEW FOR CRITICAL EN-6
ERGY RESOURCES. 7
Section 5(a) of the Toxic Substances Control Act (15 8
U.S.C. 2604(a)) is amended by adding at the end the fol-9
lowing: 10
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‘‘(6) CRITICAL ENERGY RESOURCES .— 1
‘‘(A) S
TANDARD.—For purposes of a de-2
termination under paragraph (3) with respect 3
to a chemical substance that is a critical energy 4
resource, the Administrator shall take into con-5
sideration economic, societal, and environmental 6
costs and benefits, notwithstanding any require-7
ment of this section to not take such factors 8
into consideration. 9
‘‘(B) F
AILURE TO RENDER DETERMINA -10
TION.— 11
‘‘(i) A
CTIONS AUTHORIZED .—If, with 12
respect to a chemical substance that is a 13
critical energy resource, the Administrator 14
fails to make a determination on a notice 15
under paragraph (3) by the end of the ap-16
plicable review period and the notice has 17
not been withdrawn by the submitter, the 18
submitter may take the actions described 19
in paragraph (1)(A) with respect to the 20
chemical substance, and the Administrator 21
shall be relieved of any requirement to 22
make such determination. 23
‘‘(ii) N
ON-DUPLICATION.—A refund of 24
applicable fees under paragraph (4)(A) 25
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shall not be made if a submitter takes an 1
action described in paragraph (1)(A) under 2
this subparagraph. 3
‘‘(C) P
REREQUISITE FOR SUGGESTION OF 4
WITHDRAWAL OR SUSPENSION .—The Adminis-5
trator may not suggest to, or request of, a sub-6
mitter of a notice under this subsection for a 7
chemical substance that is a critical energy re-8
source that such submitter withdraw such no-9
tice, or request a suspension of the running of 10
the applicable review period with respect to 11
such notice, unless the Administrator has— 12
‘‘(i) conducted a preliminary review of 13
such notice; and 14
‘‘(ii) provided to the submitter a draft 15
of a determination under paragraph (3), 16
including any supporting information. 17
‘‘(D) D
EFINITION.—For purposes of this 18
paragraph, the term ‘critical energy resource’ 19
means, as determined by the Secretary of En-20
ergy, any energy resource— 21
‘‘(i) that is essential to the energy sec-22
tor and energy systems of the United 23
States; and 24
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‘‘(ii) the supply chain of which is vul-1
nerable to disruption.’’. 2
Æ
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