Overnight Regulation: House to vote on ObamaCare calorie rule

Welcome to Overnight Regulation, your daily rundown of news from Capitol Hill and beyond. It’s Thursday evening here in Washington, where “Scandal” returns to television tonight. Here’s the latest.

THE BIG STORY

An ObamaCare rule that would require restaurants to list the number of calories in the food they sell is running into resistance on Capitol Hill.

The bipartisan Common Sense Nutrition Disclosure Act backed by Reps. Cathy McMorris Rodgers (R-Wash.) and Loretta Sanchez (D-Calif.) would loosen the requirements for restaurants and grocery stores. http://1.usa.gov/1QuRCzL

{mosads}A companion bill introduced by Sen. Roy Blunt (R-Mo.) has seen little action so far, but could make progress in the Republican-controlled Senate. http://1.usa.gov/1LjLTeo

The Food and Drug Administration (FDA) has faced bipartisan blowback since finalizing the menu labeling rules in November 2014. The agency eventually agreed to delay the regulation until after the upcoming presidential election — which would give a Republican president the opportunity to kill the rules altogether. http://bit.ly/1JRLWSa

The legislation would further weaken the rules by extending the delay for two years. Restaurants would also have the “flexibility” to post the calorie information online or on smartphone applications, saving them the expense of printing out endless combinations of foods on their in-store menu boards.

A previous version of the bill would have exempted most grocery stores, gas stations, convenience stores, and movie theaters that sell food — but that language was struck from the final legislation.

ON TAP FOR FRIDAY 

The House Energy and Commerce Subcommittee on Oversight and Investigations will hold a hearing on how to combat biological threats. http://1.usa.gov/1o7O0xh

TOMORROW’S REGS TODAY

The Obama administration will publish 201 new regulations, proposed rules, notices and other administrative actions in Friday’s edition of the Federal Register.

–The Coast Guard will issue voluntary polar training requirements for crew members on ships operating in the arctic.

The Polar Code seeks to “achieve a higher level of safety for mariners working in this specialized polar environment,” the agency writes. It includes standards for sea service, competence, and recency requirements.

“The Coast Guard is providing this guidance to ensure there are sufficiently trained mariners by the time the Polar Code enters into force,” the agency writes. http://bit.ly/1Xmn4Fx

–The Department of Health and Human Services (HHS) will crack down on medical fraud.

The Centers for Medicare & Medicaid Services (CMS), a division of HHS, will require medical providers to return overpayments made by the government within 60 days of discovering the mistake.

“This rule provides needed clarity and consistency in the reporting and returning of self-identified overpayments,” the agency writes.

The new rule goes into effect in 30 days. http://bit.ly/1TfoClq

–The Department of State will correct a mistake it made in a visa rule for non-immigrants.

The State Department published the visa rule earlier this month, but is now going back to fix the error.

The correction goes into effect on Feb. 19. http://bit.ly/1KJ4aXE

NEWS RIGHT NOW

EPA faces questions on why it didn’t act sooner in Flint http://bit.ly/1PPZKOV

Bill to reduce prison recidivism rates advances in House http://bit.ly/1Qa5Wx6

Lawmaker capes during Capitol Hill hearing http://bit.ly/1KedhiR

Dem seeks to force airlines to sit families together http://bit.ly/1TVqnnj

Poll shows bipartisan support for criminal justice reform http://bit.ly/1PFvBym

Final Oregon occupiers surrender to authorities, ending the refuge siege – The Washington Post http://wapo.st/20Yg8kf

Homeland Security to amp up social media screening to stop terrorism, Johnson says – The Washington Post http://wapo.st/1PPRfTT

Obama’s second-term agenda hits a roadblock: The Supreme Court – National Journal http://bit.ly/1o3RTm5

BY THE NUMBERS

$2,000: The average penalty for employers from the Occupational Safety and Health Administration for a serious health or safety violation. 

65 percent: How many OSHA citations were resolved through a settlement agreement in 2015. 
(Source: Jordan Barab, OSHA’s secretary of labor)

QUOTE OF THE DAY

“This is called a vaporizer,” Rep. Duncan Hunter (R-Calif.) said Thursday during a congressional hearing as he took a puff from an electronic cigarette. “There is no burning. There is nothing noxious about this whatsoever. This has helped thousands of people quit smoking. It’s helped me quit smoking.”

A House panel on Thursday approved a ban on smoking e-cigarettes in-flight. http://bit.ly/1o877XS

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and @wheelerlydia.

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