IB
Union Calendar No. 7
118THCONGRESS
1
STSESSION H. R. 1158
[Report No. 118–14]
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
M
ARCH23, 2023
Additional sponsors: Mr. A
LLEN, Mr. DUNCAN, Mr. WALBERG, and Mr.
B
UCSHON
M
ARCH23, 2023
Reported from the Committee on Energy and Commerce; committed to the
Committee of the Whole House on the State of the Union and ordered
to be printed
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•HR 1158 RH
A BILL
To amend the Toxic Substances Control Act with respect
to new critical energy resources, and for other purposes.
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•HR 1158 RH
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
‘‘(6) C
RITICAL ENERGY RESOURCES .— 11
‘‘(A) S
TANDARD.—For purposes of a de-12
termination under paragraph (3) with respect 13
to a chemical substance that is a critical energy 14
resource, the Administrator shall take into con-15
sideration economic, societal, and environmental 16
costs and benefits, notwithstanding any require-17
ment of this section to not take such factors 18
into consideration. 19
‘‘(B) F
AILURE TO RENDER DETERMINA -20
TION.— 21
‘‘(i) A
CTIONS AUTHORIZED .—If, with 22
respect to a chemical substance that is a 23
critical energy resource, the Administrator 24
fails to make a determination on a notice 25
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•HR 1158 RH
under paragraph (3) by the end of the ap-1
plicable review period and the notice has 2
not been withdrawn by the submitter, the 3
submitter may take the actions described 4
in paragraph (1)(A) with respect to the 5
chemical substance, and the Administrator 6
shall be relieved of any requirement to 7
make such determination. 8
‘‘(ii) N
ON-DUPLICATION.—A refund of 9
applicable fees under paragraph (4)(A) 10
shall not be made if a submitter takes an 11
action described in paragraph (1)(A) under 12
this subparagraph. 13
‘‘(C) P
REREQUISITE FOR SUGGESTION OF 14
WITHDRAWAL OR SUSPENSION .—The Adminis-15
trator may not suggest to, or request of, a sub-16
mitter of a notice under this subsection for a 17
chemical substance that is a critical energy re-18
source that such submitter withdraw such no-19
tice, or request a suspension of the running of 20
the applicable review period with respect to 21
such notice, unless the Administrator has— 22
‘‘(i) conducted a preliminary review of 23
such notice; and 24
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•HR 1158 RH
‘‘(ii) provided to the submitter a draft 1
of a determination under paragraph (3), 2
including any supporting information. 3
‘‘(D) D
EFINITION.—For purposes of this 4
paragraph, the term ‘critical energy resource’ 5
means, as determined by the Secretary of En-6
ergy, any energy resource— 7
‘‘(i) that is essential to the energy sec-8
tor and energy systems of the United 9
States; and 10
‘‘(ii) the supply chain of which is vul-11
nerable to disruption.’’. 12
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kjohnson on DSK79L0C42PROD with BILLS Union Calendar No.
7
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 1158
[Report No. 118–14]
A BILL
To amend the Toxic Substances Control Act with
respect to new critical energy resources, and for
other purposes.
M
ARCH
23, 2023
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1158.RH H1158
kjohnson on DSK79L0C42PROD with BILLS