Supposed 'Pre-Decisional' OMB 'Passback' Describes HHS Absorbing CPSC

PSL has seen but not authenticated a 64-page document getting increasing attention in the general press and containing a paragraph on CPSC being absorbed into the Department of Health and Human Services (HHS). The Washington Post, Washington Examiner, Axios, ABC News, Politico and others have treated it as real, reporting on the wider content although not the CPSC paragraph. The document, if real, is a "passback" from the Office of Management and Budget to HHS. A "passback" is OMB's reaction to an agency's budget request.

Even if real, the document, dated April 10, is marked 'pre-decisional,' meaning not final. Moreover, budgets are subject to congressional approval so even if finalized by the executive branch, it still would be a request versus a decision. Indeed, eliminating CPSC as a standalone agency would be counter to the Consumer Product Safety Act so would not be a simple budget action.

PSL includes the following for two reasons: 1) the CPSC paragraph would significantly affect readers and 2) attention to the document has increased, so PSL cannot simply ignore it. Nonetheless, be cautious in reacting.

This is the paragraph about CPSC (marked page 54 – PDF page 56):

"ASSISTANT SECRETARY FOR CONSUMER PRODUCT SAFETY (ASCPS)"

"The Budget provides $135 million for the Assistant Secretary for Consumer Product Safety, a new staff division (StaffDiv) within the Office of the Secretary that will absorb functions and staff from the Consumer Product Safety Commission (CPSC). The Budget eliminates CPSC and reduces funding for CPSC's administrative and support functions that can be carried out by existing StaffDivs within the Office of the Secretary. ASCPS will continue carrying out CPSC's mission to protect the public from unreasonable risks of injury or deaths from consumer products through education, safety standards activities, regulations, and enforcement."

Parts of CPSC's jurisdiction were once within what later became HHS – prior to 1973, the Food and Drug Administration's Bureau of Product Safety enforced the Federal Hazardous Substance Act and the Refrigerator Safety Act. However, The Federal Trade Commission enforced the Flammable Fabrics Act while the National Clearinghouse for Poison Control Centers enforced the Poison Prevention Packaging Act.