Technical and procedural updates only. The changes between v3 and v4 reflect the bill's passage from the House of Representatives to the Senate, including the addition of the Senate referral information and the Clerk's name. There are no substantive policy changes to the text of the bill itself.
National Coal Council Reestablishment Act
- Sponsor
- Rep. Rulli, Michael A. [R-OH-6]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Sep 19, 2025
Bottom line
The bill revives a federal advisory committee dedicated to coal, ensuring its continued operation without automatic termination, to provide ongoing advice to the Secretary of Energy.
What it actually does
This bill directs the Secretary of Energy to reestablish the National Coal Council within the Department of Energy, adhering to its charter from November 19, 2021. It also specifies that while the Council will operate under the Federal Advisory Committee Act, it will be exempt from the provision that typically mandates the automatic termination of such advisory committees.
Proponents argue
Supporters argue that reestablishing the National Coal Council ensures the Department of Energy receives essential, expert advice on matters related to coal and the coal industry, which remains a critical component of the nation's energy mix, economy, and energy security. They contend that a dedicated council provides a vital forum for stakeholders to contribute to energy policy.
Opponents contend
Opponents might contend that reestablishing a dedicated coal council, especially with an exemption from automatic termination, sends a conflicting signal regarding the nation's commitment to transitioning to renewable energy and addressing climate change. They may argue it could disproportionately influence energy policy towards fossil fuels or represent an unnecessary administrative body.
The bill is exceptionally short and clear, allowing for full comprehension in a very brief amount of time.
Section 2(a) and 2(b)
Reestablishment of the National Coal Council and FACA Applicability
This provision mandates the Secretary of Energy to reestablish the National Coal Council, an advisory body, within the Department of Energy. It specifies that the Council must operate according to its charter that was in effect on November 19, 2021. Furthermore, it clarifies that while the Council is subject to most provisions of the Federal Advisory Committee Act (FACA), it is specifically exempted from Section 1013 of Title 5, U.S. Code, which would otherwise require its automatic termination after a certain period.
Supporters argue
Supporters argue that this provision ensures the DOE benefits from continuous, expert, and industry-specific advice on coal, which is crucial for maintaining energy diversity, supporting jobs, and addressing the technical challenges and opportunities within the coal sector. The FACA exemption provides stability, allowing for long-term strategic planning without periodic reauthorization hurdles.
Critics contend
Critics might contend that this provision entrenches a focus on a fossil fuel industry at a time when national policy should prioritize renewable energy and decarbonization. The exemption from FACA's termination clause is seen by some as reducing accountability and allowing the Council to operate indefinitely without necessary oversight or re-evaluation of its relevance.
Tradeoffs
This provision navigates the tension between ensuring a formal advisory channel for a traditional energy industry and the broader national goals of transitioning to cleaner energy sources. The FACA exemption balances administrative stability for the council against periodic accountability and review mechanisms.
This subsection explicitly states that Section 1013 of Title 5, United States Code, which is part of the Federal Advisory Committee Act (FACA) and typically mandates the automatic termination of advisory committees, shall not apply to the National Coal Council.
Section 2(b)(2)
Why it matters:This is a standard legislative technique for applying specific exemptions to general laws. While technical, it is not necessarily evasive, but it requires familiarity with federal statutes to fully grasp its significance.
Case for: Supporters argue that exempting the Council from automatic termination ensures its long-term stability and effectiveness, preventing disruptions from periodic reauthorization processes. This allows the Council to provide consistent, long-term strategic advice to the Secretary of Energy without interruption.
Case against: Critics might argue that exempting the Council from automatic termination reduces oversight and accountability. This could allow the Council to persist indefinitely, potentially becoming less responsive to evolving energy needs or national priorities, without a built-in mechanism for periodic review of its necessity.
Estimated impact: Ensures the National Coal Council's indefinite existence, impacting its long-term influence on energy policy and administrative overhead within the Department of Energy.