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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Elimination of Future 
Technology Delays Act of 2023’’. 
SEC. 2. CHEMICAL SUBSTANCE REVIEW FOR CRITICAL EN-
ERGY RESOURCES. 
Section 5(a) of the Toxic Substances Control Act (15 
U.S.C. 2604(a)) is amended by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
22:41 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1158.IH
H1158
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(6) CRITICAL ENERGY RESOURCES.— 
‘‘(A) STANDARD.—For purposes of a de-
termination under paragraph (3) with respect 
to a chemical substance that is a critical energy 
resource, the Administrator shall take into con-
sideration economic, societal, and environmental 
costs and benefits, notwithstanding any require-
ment of this section to not take such factors 
into consideration. 
‘‘(B) FAILURE
TO
RENDER
DETERMINA-
TION.— 
‘‘(i) ACTIONS AUTHORIZED.—If, with 
respect to a chemical substance that is a 
critical energy resource, the Administrator 
fails to make a determination on a notice 
under paragraph (3) by the end of the ap-
plicable review period and the notice has 
not been withdrawn by the submitter, the 
submitter may take the actions described 
in paragraph (1)(A) with respect to the 
chemical substance, and the Administrator 
shall be relieved of any requirement to 
make such determination. 
‘‘(ii) NON-DUPLICATION.—A refund of 
applicable fees under paragraph (4)(A) 
VerDate Sep 11 2014 
22:41 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1158.IH
H1158
pbinns on DSKJLVW7X2PROD with $$_JOB
shall not be made if a submitter takes an 
action described in paragraph (1)(A) under 
this subparagraph. 
‘‘(C) PREREQUISITE FOR SUGGESTION OF 
WITHDRAWAL OR SUSPENSION.—The Adminis-
trator may not suggest to, or request of, a sub-
mitter of a notice under this subsection for a 
chemical substance that is a critical energy re-
source that such submitter withdraw such no-
tice, or request a suspension of the running of 
the applicable review period with respect to 
such notice, unless the Administrator has— 
‘‘(i) conducted a preliminary review of 
such notice; and 
‘‘(ii) provided to the submitter a draft 
of a determination under paragraph (3), 
including any supporting information. 
‘‘(D) DEFINITION.—For purposes of this 
paragraph, the term ‘critical energy resource’ 
means, as determined by the Secretary of En-
ergy, any energy resource— 
‘‘(i) that is essential to the energy sec-
tor and energy systems of the United 
States; and 
VerDate Sep 11 2014 
22:41 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1158.IH
H1158
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) the supply chain of which is vul-
nerable to disruption.’’. 
Æ 
VerDate Sep 11 2014 
22:41 Feb 24, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1158.IH
H1158
pbinns on DSKJLVW7X2PROD with $$_JOB