National Coal Council Act of 2025
- Sponsor
- Sen. Hoeven, John [R-ND]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Dec 3, 2025
Bottom line
This bill revives a federal advisory committee focused on coal, aiming to provide expert recommendations to the Department of Energy on an ongoing basis.
What it actually does
This bill reestablishes the National Coal Council within the Department of Energy, mandating that it provide advice and recommendations to the Secretary of Energy on issues pertinent to coal and the coal industry. It specifies that the council will operate under the Federal Advisory Committee Act (FACA), with the notable exception of the provision requiring advisory committees to terminate after two years.
Proponents argue
Supporters argue that reestablishing the National Coal Council will ensure the Secretary of Energy receives expert, industry-informed advice on critical issues affecting the coal sector, promoting energy security and economic stability in coal-producing regions. They contend that a dedicated council is essential for navigating challenges and opportunities in coal production, utilization, and environmental technologies, providing a stable, long-term advisory body.
Opponents contend
Opponents might argue that reestablishing a coal-focused council is an outdated approach given global energy transitions towards renewables and climate change concerns, potentially diverting resources from cleaner energy initiatives. They may contend that such a council could disproportionately influence policy in favor of a declining industry, rather than promoting broader energy diversification, especially without a sunset clause.
The bill is exceptionally short and can be read and understood in less than a minute, allowing ample time for evaluation.
Section 2(a)
Reestablishment of the National Coal Council
This section mandates the Secretary of Energy to bring back the National Coal Council, an advisory body, in line with its charter filed with Congress on June 16, 2025. The council's purpose is to offer advice and recommendations to the Secretary regarding coal and the coal industry, ensuring a formal channel for industry input.
Supporters argue
Supporters argue that reestablishing the council ensures that the Department of Energy benefits from the expertise and perspectives of those directly involved in the coal industry, leading to more informed and practical energy policies. They believe this will help address challenges and foster innovation within the sector, recognizing coal's continued role in the energy mix.
Critics contend
Critics may contend that a dedicated coal council could give undue influence to an industry that faces significant environmental and economic challenges, potentially hindering efforts to transition to cleaner energy sources. They might argue that existing departmental structures are sufficient for gathering diverse energy advice without creating a new, potentially biased, body.
Tradeoffs
The bill balances the desire to provide a formal advisory channel for the coal industry with concerns about potential bias in energy policy and the broader shift towards renewable energy. It aims to ensure that coal's role in the energy mix is considered, while potentially raising questions about the allocation of federal resources and focus.
Section 2(b)
Applicability of the Federal Advisory Committee Act (FACA) with Exception
This provision clarifies that the National Coal Council will operate under the rules of the Federal Advisory Committee Act (FACA), which governs the establishment and operation of federal advisory committees, ensuring transparency and accountability. However, it specifically exempts the council from section 1013 of FACA, which typically requires advisory committees to terminate after two years unless renewed, thereby granting it indefinite existence.
The bill specifies that Chapter 10 of title 5, United States Code (the Federal Advisory Committee Act), applies to the National Coal Council, *except for section 1013 of that title*. Section 1013 typically mandates that advisory committees terminate not later than 2 years after their establishment unless renewed.
Section 2(b)
Why it matters:This is standard legislative practice for modifying the application of existing law. It's not necessarily evasive, but it requires specific legal knowledge to fully grasp its implications for the council's permanence.
Case for: Proponents argue that exempting the council from the sunset clause ensures its long-term stability and ability to provide consistent, strategic advice without the administrative burden and uncertainty of periodic reauthorization. This allows for more effective long-term planning and continuity of expertise.
Case against: Opponents might argue that removing the sunset clause reduces accountability and the opportunity for regular review of the council's necessity and effectiveness. They may contend that advisory bodies should be subject to periodic reevaluation to ensure they remain relevant and do not become entrenched.
Estimated impact: This provision ensures the National Coal Council, once reestablished, will operate indefinitely unless specifically dissolved by Congress or the Secretary, rather than automatically terminating after two years.