HR-3015-119
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Sponsored by Michael Rulli (R-OH)
What it does
This bill would require the Secretary of Energy to reestablish the National Coal Council, an advisory body within the Department of Energy, using the charter that was in effect on November 19, 2021. The Council would provide advice and recommendations to the Secretary on matters related to coal and the coal industry, and would operate under the Federal Advisory Committee Act, except for the provision that automatically terminates advisory committees after a set period.
Who benefits
Coal producers, coal mining companies, and coal-dependent utilities that would gain a formal advisory channel to the Department of Energy. Coal industry trade associations and workers in coal-producing states who benefit from continued policy visibility for the industry. Members appointed to the Council itself, who gain an official advisory role.
Who is hurt
No group bears a direct or measurable burden, since the Council only issues advice with no regulatory or spending authority; however, renewable energy advocates and environmental groups may view the reestablishment as giving coal interests disproportionate access to federal energy policymakers compared to other energy sectors without similar dedicated councils.
Supporters argue
Supporters argue that coal remains a significant part of the U.S. energy mix and that industry-specific expertise helps the Department of Energy make informed decisions on coal-related policy, technology, and workforce issues. They contend that the Council previously operated for decades without controversy and that restoring it simply reinstates a established advisory mechanism that lapsed, giving the Secretary of Energy access to specialized industry input at minimal cost.
Opponents argue
Opponents argue that formally reestablishing an industry-specific advisory council signals preferential access for coal interests within federal energy policy, particularly given coal's declining role in electricity generation compared to renewables and natural gas. They contend that exempting the Council from the automatic termination requirement in the Federal Advisory Committee Act reduces routine oversight and could let the body persist indefinitely without periodic reassessment of its usefulness.
Constitutional context
This bill raises no significant constitutional question; it operates entirely under Congress's Article I authority to structure executive branch advisory bodies and the President's authority to administer the Department of Energy, with the Federal Advisory Committee Act governing the Council's procedures.
Checks and balances
Congress directs the Secretary of Energy (an executive branch official) to create the advisory body, and while the Council itself holds no regulatory power, exempting it from FACA's automatic termination provision reduces one routine congressional/administrative check on its continued existence.
Historical precedent
The National Coal Council previously existed under this same charter until it lapsed around 2021, making this bill a direct reestablishment of a prior advisory body rather than a novel structure.