I 

118TH CONGRESS 

1ST SESSION 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 

FEBRUARY 24, 2023 

Mr. CURTIS introduced 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. 

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. 

4 This Act may be cited as the ‘‘Elimination of Future 

5 Technology Delays Act of 2023’’. 

6 SEC. 2. CHEMICAL SUBSTANCE REVIEW FOR CRITICAL EN7 ERGY RESOURCES. 

8 Section 5(a) of the Toxic Substances Control Act (15 

9 U.S.C. 2604(a)) is amended by adding at the end the fol10 lowing: 


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1 ‘‘(6) CRITICAL ENERGY RESOURCES.— 

2 ‘‘(A) STANDARD.—For purposes of a de3 termination under paragraph (3) with respect 

4 to a chemical substance that is a critical energy 

5 resource, the Administrator shall take into con6 sideration economic, societal, and environmental 

7 costs and benefits, notwithstanding any require8 ment of this section to not take such factors 

9 into consideration. 

10 ‘‘(B) FAILURE TO RENDER DETERMINA11 TION.— 

12 ‘‘(i) ACTIONS AUTHORIZED.—If, with 

13 respect to a chemical substance that is a 

14 critical energy resource, the Administrator 

15 fails to make a determination on a notice 

16 under paragraph (3) by the end of the ap17 plicable review period and the notice has 

18 not been withdrawn by the submitter, the 

19 submitter may take the actions described 

20 in paragraph (1)(A) with respect to the 

21 chemical substance, and the Administrator 

22 shall be relieved of any requirement to 

23 make such determination. 

24 ‘‘(ii) NON-DUPLICATION.—A refund of 

25 applicable fees under paragraph (4)(A) 


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1 shall not be made if a submitter takes an 

2 action described in paragraph (1)(A) under 

3 this subparagraph. 

4 ‘‘(C) PREREQUISITE FOR SUGGESTION OF

5 WITHDRAWAL OR SUSPENSION.—The Adminis6 trator may not suggest to, or request of, a sub7 mitter of a notice under this subsection for a 

8 chemical substance that is a critical energy re9 source that such submitter withdraw such no10 tice, or request a suspension of the running of 

11 the applicable review period with respect to 

12 such notice, unless the Administrator has— 

13 ‘‘(i) conducted a preliminary review of 

14 such notice; and 

15 ‘‘(ii) provided to the submitter a draft 

16 of a determination under paragraph (3), 

17 including any supporting information. 

18 ‘‘(D) DEFINITION.—For purposes of this 

19 paragraph, the term ‘critical energy resource’ 

20 means, as determined by the Secretary of En21 ergy, any energy resource— 

22 ‘‘(i) that is essential to the energy sec23 tor and energy systems of the United 

24 States; and 


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1 ‘‘(ii) the supply chain of which is vul2 nerable to disruption.’’. 

Æ 


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