National Coal Council Reestablishment Act
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Would direct the Secretary of Energy to reestablish the National Coal Council — an advisory body that made recommendations to the Department of Energy on coal policy — and would give it permanent statutory authority by exempting it from the federal law that normally requires advisory committees to be re-chartered every two years.
What this bill would do
What it would do
The bill would require the Secretary of Energy to reestablish the National Coal Council within the Department of Energy, using the same charter that was in effect on November 19, 2021. The council, originally established in 1984, advises the Secretary on matters related to coal and the coal industry. The bill would make the Federal Advisory Committee Act generally applicable to the council, meaning standard transparency and procedural requirements would still apply.
However, the bill would carve out one key exception: the council would be exempt from the provision of the Federal Advisory Committee Act (5 U.S.C. § 1013) that ordinarily requires advisory committees to be formally re-chartered and renewed every two years. This exemption would allow the council to operate on a permanent basis without the recurring administrative renewal process that has historically kept it from operating continuously.
Key provisions
- 1Would direct the Secretary of Energy to reestablish the National Coal Council using the charter that was in effect on November 19, 2021.
- 2Would apply the Federal Advisory Committee Act's standard transparency and procedural requirements to the National Coal Council.
- 3Would exempt the National Coal Council from the Federal Advisory Committee Act's biennial re-chartering and termination requirement, giving the council permanent status.
Who would be affected
The Department of Energy and the Secretary of Energy, who would be directed to reestablish and operate the council. Members of the coal industry, coal researchers, and other stakeholders who would serve on or engage with the advisory council. Federal policymakers who receive the council's recommendations on coal-related energy policy.
Why it matters
Without statutory authority and a permanent charter exemption, the National Coal Council has been subject to periodic lapsing under the biennial re-chartering requirement of the Federal Advisory Committee Act. This bill would give the council a durable legal foundation, enabling ongoing formal advisory input to the DOE on coal policy without disruption from administrative renewal cycles.
What would change
Changes to existing law
Amends Federal Advisory Committee Act (5 U.S.C. chapter 10) (Sec. 2(b))
Exempts the National Coal Council from the two-year re-chartering and termination requirement in 5 U.S.C. § 1013, while keeping other FACA requirements applicable.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates that H.R. 3015 would cost less than $500,000 over the 2025–2030 period, with no effect on direct spending, revenues, or the deficit.
H.R. 3015 would permanently reauthorize the National Coal Council, an advisory committee to the Department of Energy, eliminating the requirement to renew it every two years. CBO estimates implementing the bill would cost less than $500,000 over the 2025–2030 period; that spending would be subject to the availability of discretionary appropriations (funds Congress must separately approve each year). The bill has no effect on direct (mandatory) spending or revenues in any scoring window through 2035, and CBO found no intergovernmental or private-sector mandates.
How implementation would work
The Secretary of Energy would reestablish the council using the November 19, 2021 charter as the governing document. Beyond that reestablishment step, the bill is largely self-executing: standard Federal Advisory Committee Act requirements — including open meetings and public access rules — would apply, but the council would not need to go through the routine two-year re-chartering process. No rulemaking or grant cycle is prescribed; the council would operate as an advisory body providing recommendations to the Secretary.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Official CRS summary
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This bill provides statutory authority for the National Coal Council and directs the Department of Energy to reestablish the council in accordance with the charter that was in effect on November 19, 2021. Established in 1984, the council made recommendations to DOE on matters relating to coal and the coal industry.
In addition, the bill removes the requirement under the Federal Advisory Committee Act for the council to be re-chartered every two years.
Legislative subjects
Administrative law and regulatory procedures; Advisory bodies; Coal; Department of Energy; Energy
Committee report
H. Rept. 119-185