H.R. 1158House118th Congress (2023-2025)In Committee

Elimination of Future Technology Delays Act of 2023

AI-Generated Summary

Updated January 20, 2026 at 3:58 AM UTC

The Elimination of Future Technology Delays Act amends the Toxic Substances Control Act to create a new category called “critical energy resources” and changes how the EPA reviews chemicals in that category. It requires the EPA administrator to weigh economic, societal, and environmental costs and benefits, and sets rules for what happens if the agency does not issue a determination on time. The changes affect chemical manufacturers, submitters of EPA notices, and the EPA when dealing with chemicals essential to the United States’ energy sector.

Key Provisions

Adds “critical energy resources” as a defined category under TSCA, meaning any energy resource essential to U.S. energy systems with a supply chain vulnerable to disruption, as determined by the Secretary of Energy.
Requires the EPA administrator to consider economic, societal, and environmental costs and benefits when reviewing chemicals classified as critical energy resources, even if other TSCA sections would prohibit such considerations.
Allows a submitter to take specified actions if the administrator fails to make a determination by the end of the review period, and bars refunds of fees in that situation.
Restricts the administrator from asking a submitter to withdraw a notice or suspend the review period unless a preliminary review has been completed and a draft determination with supporting information has been provided.

Legislative Activity

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8 earlier actions

HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 7.

March 23, 2023

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HouseIntro Referral

Introduced in House

February 24, 2023

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

February 24, 2023

HouseCommittee

Referred to the Subcommittee on Innovation, Data, and Commerce.

Commerce, Manufacturing, and Trade Subcommittee

February 24, 2023

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

Commerce, Manufacturing, and Trade Subcommittee

February 28, 2023

HouseCommittee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 13 - 6 .

Commerce, Manufacturing, and Trade Subcommittee

February 28, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held.

Energy and Commerce Committee

March 9, 2023

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 27 - 21.

Energy and Commerce Committee

March 9, 2023

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 118-14.

Energy and Commerce Committee

March 23, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 7.

March 23, 2023

Bill Text

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Reported in HouseIssued March 23, 2023

Union Calendar No. 7

118th CONGRESS

1st Session

H. R. 1158

[Report No. 118–14]

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

A BILL

To amend the Toxic Substances Control Act with respect to new critical energy resources, and for other purposes.

Short title

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

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.

March 23, 2023

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed