118 HR 1158 IH: Elimination of Future Technology Delays Act of 2023 U.S. House of Representatives 2023-02-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 1158IN THE HOUSE OF REPRESENTATIVESFebruary 24, 2023Mr. Curtis introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Toxic Substances Control Act with respect to new critical energy resources, and for other purposes.

1.

Short title

This Act may be cited as the Elimination of Future Technology Delays Act of 2023.

2.

Chemical substance review for critical energy resources

Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 2604(a)) is amended by adding at the end the following: (6)

Critical energy resources

(A)

Standard

For purposes of a determination under paragraph (3) with respect to a chemical substance that is a critical energy resource, the Administrator shall take into consideration economic, societal, and environmental costs and benefits, notwithstanding any requirement of this section to not take such factors into consideration.(B)

Failure to render determination

(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a determination on a notice under paragraph (3) by the end of the applicable review period and the notice has not been withdrawn by the submitter, the submitter may take the actions described in paragraph (1)(A) with respect to the chemical substance, and the Administrator shall be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) 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 Administrator may not suggest to, or request of, a submitter of a notice under this subsection for a chemical substance that is a critical energy resource that such submitter withdraw such notice, 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 Energy, any energy resource—(i)that is essential to the energy sector and energy systems of the United States; and(ii)the supply chain of which is vulnerable to disruption..