The Secretary of Energy must reestablish within the Department of Energy the National Coal Council, using the charter that was in effect on November 19, 2021. The Council will advise the Secretary on matters related to coal and the coal industry.
The bill subjects the Council to the Federal Advisory Committee Act and the open-meetings requirements under 5 U.S.C. 552b(c), and it specifies that Section 1013 of title 5 does not apply to the Council, preserving its status. The legislation does not specify funding, appointment processes, or particular policy powers; it is a governance and oversight mechanism designed to ensure formal industry input into DOE decisions.
At a Glance
What It Does
The Secretary of Energy must reestablish the National Coal Council within DOE and operate under the 2021 charter. The Council will be governed by FACA and related open-meeting standards, with the Section 1013 termination provision not applicable.
Who It Affects
DOE policy staff and the Secretary’s Office; coal producers, industry associations, suppliers, and other coal-industry stakeholders; research entities and consultants who engage with DOE on coal policy.
Why It Matters
It creates a formal, ongoing channel for coal-industry input into federal energy policy and DOE programs, subject to public oversight and transparency.
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What This Bill Actually Does
The act is narrowly focused on restoring a formal advisory body—the National Coal Council—within the Department of Energy. It directs the Secretary to reconstitute the Council using the charter that existed on November 19, 2021, ensuring the Council remains a standing source of policy input on coal-related matters.
The bill makes the Council subject to the Federal Advisory Committee Act and the public-meeting requirements that come with it, while expressly stating that a common termination statute (Section 1013) does not apply to the Council, which helps preserve continuous operation. Importantly, the bill does not assign funding, create new appointment mechanisms, or grant new substantive authority; it is primarily about governance, oversight, and formalizing input from industry into DOE decision-making.
The Five Things You Need to Know
Reestablishes the National Coal Council within the Department of Energy.
Uses the 2021 charter for the Council.
Applies the Federal Advisory Committee Act and open-meetings rules.
Section 1013 does not apply to the Council, preserving its status.
No funding, appointment, or substantive policy powers are specified.
Section-by-Section Breakdown
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Short title
This section provides the official citation for the act, naming it the National Coal Council Reestablishment Act.
Reestablishment in DOE
Directs the Secretary of Energy to reestablish the National Coal Council within the Department of Energy, using the charter in effect on November 19, 2021.
FACA applicability
Declares that the Council falls under the Federal Advisory Committee Act and related provisions, including section 552b(c) on open meetings.
Non-application of termination
Provides that Section 1013 of title 5 shall not apply to the National Coal Council, effectively preventing sunset or automatic termination.
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Explore Energy in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Coal producers and miners gain a formal, continuing conduit to convey industry perspectives to DOE policy-makers.
- Coal industry trade associations gain structured channels for input on regulatory and program decisions.
- DOE policy staff and the Secretary’s Office receive organized, industry-informed guidance.
- Coal technology developers and service providers can align offerings with DOE coal policy and program needs.
Who Bears the Cost
- DOE bears administrative and logistical costs of establishing and operating the Council (staff time, meeting logistics, records).
- Federal agencies may incur ongoing costs to support advisory activities and compliance with FACA requirements.
- Coal industry participants expend time and resources to participate in meetings, briefings, and preparation of input to DOE.
Key Issues
The Core Tension
Balancing a robust, industry-informed advisory process with public accountability and transparent governance. The Council is designed to inform DOE decisions, yet it also risks capturing industry influence if resources, appointment criteria, or interaction rules are not carefully managed.
The bill creates a formal advisory mechanism that could meaningfully shape DOE coal policy inputs without changing statutory authorities or budget allocations. It relies on a preexisting charter, which means practical governance depends on how DOE implements the Council’s appointments, meetings, and solicitation of advice.
Not addressed are the specifics of funding, appointment processes, or limits on the Council’s scope of advice. The reliance on FACA oversight is intended to promote transparency, but the absence of funding and procedural details could affect the Council’s efficacy and independence if resources are constrained.
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