The One-in, Two-out Plan requires government agencies to identify two regulations for elimination and one new regulation to implement, but it does not apply to national security or military regulations, which keeps it from interfering in military process or the processes of intelligence agencies. The plan also includes a provision for flexibility in the case of an emergency. In the event of such a circumstance, regulatory decisions in the case of emergency default to the OMB Director, which is presently Mark Sandy who took the position during the Obama Administration.
The Trump Administration’s nominee for Director of the Office of Management and Budget on December 16, however, is Congressman Mick Mulvaney who previously represented South Carolina’s fifth district in the U.S. House of Representatives. As with all of Trump’s nominees, Mulvaney has yet to be confirmed by the U.S. Senate. South Carolina Representative Mulvaney, despite being Trump’s nominee, has recently been in the news for his vocal opposition to some of Trump’s positions. During his Senate confirmation hearing on January 24, 2017, he expressed a need for significant changes to Medicare and Medicaid, and he stated that shoring up some of the government’s largest benefit programs would require the consideration of tax increases. So far, Mulvaney is silent on One-in, Two-out and the power it vests in the office for which he has been nominated.
