National Coal Council Set for Revival, Sidesteps Standard Expiration Date Rule

This bill, the "National Coal Council Reestablishment Act," does exactly what its name suggests: it brings back the National Coal Council under the wing of the Department of Energy. The plan is for the council to operate under the same guidelines it had back on November 19, 2021. It's slated to follow the general rules for federal advisory committees, but with one notable exception we'll get into.

Coal's Comeback Committee: What's the National Coal Council?

So, what is this council? Think of it as a panel of experts and stakeholders set up to give advice and make recommendations to the Secretary of Energy specifically on matters related to coal. According to Section 2 of the bill, it's meant to be governed by the Federal Advisory Committee Act (FACA), which is the standard playbook for these kinds of groups. FACA (chapter 10 of title 5, United States Code) generally means these committees have to operate in the open – public meetings, accessible records, that sort of thing, though there are standard exemptions for sensitive topics (similar to those outlined in 5 U.S.C. § 552b(c), which the bill also references). The goal of FACA is to ensure transparency and public accountability when outside groups are formally advising the government.

No Expiration Date? The Catch in the Section 1013 Exemption

Here’s where it gets interesting. The bill states the council will follow FACA rules except for section 1013 of title 5, United States Code. Now, section 1013 isn't about daily transparency like open meetings; it’s basically an automatic “off switch.” Typically, advisory committees like this one have a limited lifespan – they automatically terminate after two years unless the government actively decides to renew them and files a new charter. This forces a regular check-up: Is the committee still needed? Is it doing its job effectively? By making section 1013 not apply, as this bill proposes, the National Coal Council could potentially operate indefinitely without these periodic reviews and renewals. This is a significant departure from the norm for such advisory bodies.

A Permanent Seat at the Table? Implications for Energy Policy and Public Oversight

What does this mean for everyday people and policy? On one hand, proponents might argue this ensures continuous expert advice on coal issues for the Department of Energy. However, removing the standard two-year termination and renewal process raises questions about long-term oversight and accountability. If a committee doesn't have a built-in expiration date, it might become entrenched, and its influence could persist even if its original purpose becomes outdated or its advice is seen as overly aligned with specific industry interests – in this case, the coal industry. While its meetings would still generally be subject to FACA's transparency rules, the lack of a mandatory renewal cycle reduces a key mechanism for public and governmental re-evaluation of the council's existence and performance. This could make it harder for the public and environmental groups to ensure the council's advice remains balanced and serves the broader public interest as energy policies evolve.