White House plan to bring business leaders into coronavirus committees faces legal hurdles

President Trump wants some of the biggest names in business to join his effort to reopen the economy, but the plans are mired in confusion ahead of its launch and could be hindered by federal oversight requirements.

One senior administration official revealed the White House’s decision to establish several new coronavirus committees with private sector leaders could get delayed by laws governing how commercial interests take part in government decisions.

He said that that officials leading the effort said as recently as Friday that the structure had not yet been worked out as they grappled with how to meet requirements for transparency.

Setting up new advisory bodies, rather than using existing ones, means officials will have to navigate the Federal Advisory Committee Act, which is designed to ensure that private interests cannot hijack proceedings and that the process remains objective.

For example, it requires that a public notice be published at least 15 days before the establishment of an advisory committee, according to the Government Services Agency, which oversees the process.

John Bies, chief council at American Oversight, which launched in 2017 to scrutinize federal agencies, said he was monitoring the White House plans. Using administration figures would avoid FACA requirements for transparency, he said, but bringing in outsiders would trigger its provisions.

“This council will be reportedly providing advice to the president on issues of great moment to the country, including how do we reopen the economy and when is it appropriate and safe to do so,” he said.

“These are issues where it is important that the American people have confidence in the government. Transparency really matters for that.”

On the eve of the launch, Treasury Secretary Steven Mnuchin said private sector members had not yet been approached to join the effort.

“They haven’t been invited yet,” he said at Monday’s White House coronavirus briefing. “We just reviewed the names with the president today.”

But he mapped out the proposed structure.

“Basically, there’s verticals so every single area of the economy we wanted to be represented,” he said.

Trump last week said he would be announcing his “opening-up-our-country council” on Tuesday.

It is seen in the White House as a chance to separate public health questions from work on rebuilding the economy and getting Americans back to work. The president has been under fire from allies who fear that scientific minds are in charge of the federal response to the coronavirus, relegating the economy to an afterthought.

The council will reportedly be led by White House chief of staff Mark Meadows and include senior administration officials such as Trump’s chief economic adviser Larry Kudlow, Mnuchin, and Vice President Mike Pence.

Beneath that will be a series of committees tasked with looking at different sectors of public life — including manufacturing, transport, and faith, according to Trump.

He said: “We are going to have a few committees, and then ultimately, we’re going to make decisions.”

The senior administration official said vetting members to ensure a diverse range of views and that decisions are not dominated by powerful interest groups could slow the process by weeks.

“Mnuchin is responding to the president’s vague direction and sort of making it up,” he said.

The White House declined to comment on internal deliberations.

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