IB 

Union Calendar No. 7 

118TH CONGRESS 

1ST SESSION 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 

FEBRUARY 24, 2023 

Mr. CURTIS introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

MARCH 23, 2023 

Additional sponsors: Mr. ALLEN, Mr. DUNCAN, Mr. WALBERG, and Mr. 

BUCSHON

MARCH 23, 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 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1158 RH

A BILL 

To amend the Toxic Substances Control Act with respect 

to new critical energy resources, and for other purposes. 


kjohnson on DSK79L0C42PROD with BILLS
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•HR 1158 RH

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: 

11 ‘‘(6) CRITICAL ENERGY RESOURCES.— 

12 ‘‘(A) STANDARD.—For purposes of a de13 termination under paragraph (3) with respect 

14 to a chemical substance that is a critical energy 

15 resource, the Administrator shall take into con16 sideration economic, societal, and environmental 

17 costs and benefits, notwithstanding any require18 ment of this section to not take such factors 

19 into consideration. 

20 ‘‘(B) FAILURE TO RENDER DETERMINA21 TION.— 

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

23 respect to a chemical substance that is a 

24 critical energy resource, the Administrator 

25 fails to make a determination on a notice 


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•HR 1158 RH

1 under paragraph (3) by the end of the ap2 plicable review period and the notice has 

3 not been withdrawn by the submitter, the 

4 submitter may take the actions described 

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

6 chemical substance, and the Administrator 

7 shall be relieved of any requirement to 

8 make such determination. 

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

10 applicable fees under paragraph (4)(A) 

11 shall not be made if a submitter takes an 

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

13 this subparagraph. 

14 ‘‘(C) PREREQUISITE FOR SUGGESTION OF

15 WITHDRAWAL OR SUSPENSION.—The Adminis16 trator may not suggest to, or request of, a sub17 mitter of a notice under this subsection for a 

18 chemical substance that is a critical energy re19 source that such submitter withdraw such no20 tice, or request a suspension of the running of 

21 the applicable review period with respect to 

22 such notice, unless the Administrator has— 

23 ‘‘(i) conducted a preliminary review of 

24 such notice; and 


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•HR 1158 RH

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

2 of a determination under paragraph (3), 

3 including any supporting information. 

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

5 paragraph, the term ‘critical energy resource’ 

6 means, as determined by the Secretary of En7 ergy, any energy resource— 

8 ‘‘(i) that is essential to the energy sec9 tor and energy systems of the United 

10 States; and 

11 ‘‘(ii) the supply chain of which is vul12 nerable to disruption.’’. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 7 

118TH CONGRESS 

1ST SESSION H. R. 1158 

[Report No. 118–14] 

A BILL 

To amend the Toxic Substances Control Act with 

other purposes. respect to new critical energy resources, and for 

MARCH 23, 2023 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42PROD with BILLS