SEC. 201. COVERED ROLLBACK ACTIONS.
An action during a covered period is a covered rollback action if the Restoration Council determines, by written findings, that the action did one or more of the following:
violated or materially evaded a statute, appropriation, court order, constitutional duty, or binding procedural requirement;
abolished, disabled, transferred, or starved a congressionally created function without statutory authority;
withheld, delayed, conditioned, or redirected appropriated funds contrary to law;
converted merit-protected positions into political or at-will positions without adequate cause and procedure;
imposed an unnecessary material burden on voting, benefits, immigration adjudication, civil rights, health care, education, labor rights, or access to justice;
relied on materially false, suppressed, manipulated, or nontransparent evidence;
eliminated an environmental, public-health, safety, consumer, labor, or civil-rights protection without a reasoned assessment of reliance interests and foreseeable harm;
enabled unauthorized access, aggregation, transfer, or sale of sensitive personal data;
terminated grants, contracts, or enforcement matters based on protected viewpoint, race, sex, religion, national origin, political retaliation, or an unpublished ideological test;
transferred or encumbered Federal land, minerals, water, wildlife, public infrastructure, or other public assets on materially below-market or inadequately reviewed terms;
withdrew from an international institution or program in a manner inconsistent with statute, treaty obligations, appropriations, or a reasoned national-interest assessment;
created a substantial public-interest harm grossly disproportionate to any demonstrated benefit; or
is listed in Schedule A and has not been affirmatively ratified by an Act of Congress enacted after the action.
A lawful policy disagreement, standing alone, is insufficient. The Council must identify the legal defect, evidentiary failure, or substantial public-interest harm supporting its classification.
SEC. 202. AMERICAN RESTORATION REVIEW COUNCIL.
There is established an independent establishment in the executive branch known as the American Restoration Review Council.
The Council consists of 11 members:
the Comptroller General or designee, serving as nonvoting chair;
the Director of the Office of Management and Budget;
the Attorney General;
the Director of the Office of Personnel Management;
the Administrator of the Office of Information and Regulatory Affairs;
one member appointed by the President from a list jointly submitted by State attorneys general;
one member appointed by Tribal governments through a process established by the Secretary of the Interior;
two members appointed by the Speaker and minority leader of the House, one each;
two members appointed by the majority and minority leaders of the Senate, one each.
Appointed members shall have demonstrated expertise in administrative law, civil rights, economics, public administration, science, privacy, environmental protection, foreign affairs, or fiscal oversight, and may not have served as a registered lobbyist or foreign agent during the preceding 3 years.
Terms are 6 years, staggered. Members may be removed only for neglect of duty, malfeasance, incapacity, or substantial violation of ethics rules.
The Council shall maintain an Office of General Counsel, Office of Science and Evidence, Office of Civil Rights Review, Office of Fiscal and Program Integrity, Office of Public Participation, and Office of State and Tribal Affairs.
SEC. 203. GOVERNMENT-WIDE INVENTORY.
Within 30 days after enactment, every agency shall preserve all records concerning actions during the covered periods.
Within 90 days, every agency shall submit a machine-readable inventory of potentially covered rollback actions, including:
legal authority asserted;
officials and organizational units responsible;
affected statutes, rules, programs, employees, grants, contracts, data systems, lands, or international commitments;
estimated fiscal and operational effect;
known litigation and compliance status;
affected populations and geographic areas;
reliance interests and vested rights; and
recommended restoration action.
Failure to list an action does not immunize it from review.
Inspectors general, the Government Accountability Office, States, Tribes, local governments, affected persons, unions, grantees, contractors, and the public may nominate actions for review.
SEC. 204. TEMPORARY PRESERVATION ORDERS.
The Council may issue a temporary preservation order for not more than 180 days where continuation of an action presents a substantial risk of irreversible harm, destruction of evidence, dissipation of public assets, loss of life, unlawful disclosure of data, or inability to restore a program.
An order may pause implementation, preserve funds, prevent record destruction, suspend new leases or dispositions, or require temporary continuation of a grant or service.
Before issuance, the Council shall obtain a written legal opinion from its General Counsel. Emergency orders may issue without prior hearing but must receive a hearing within 14 days.
An affected person may seek expedited judicial review.
SEC. 205. REVIEW STANDARDS.
The Council shall evaluate each action under:
statutory and constitutional authority;
compliance with the Administrative Procedure Act and other procedural law;
fidelity to appropriations and congressional purpose;
quality and transparency of evidence;
distributional effects and burdens on protected or vulnerable populations;
effects on life, health, environment, national security, public services, competition, and fiscal sustainability;
reasonable reliance interests;
availability of less harmful alternatives;
administrative feasibility and restoration cost; and
consistency with project companion Acts.
SEC. 206. CLASSIFICATIONS.
Following notice and opportunity for comment, the Council shall classify an action as:
Void or ultra vires, requiring immediate cessation and referral for corrective action;
Presumptively rescinded, requiring the responsible agency to restore the prior lawful baseline unless it completes replacement rulemaking within 270 days;
Remediable, requiring specified corrective steps, compensation, safeguards, or renewed review;
Lawful but superseded, meaning Congress has established a different prospective rule in this Act;
Lawful and retained, supported by substantial evidence and consistent with this Act; or
Unresolved, requiring further record development.
SEC. 207. RESTORATION ORDERS AND AGENCY DUTIES.
Within 30 days after a final classification, the responsible agency shall publish a restoration plan with deadlines, responsible officials, budget needs, legal instruments, workforce needs, and measurable outcomes.
A restoration order may require:
reinstatement or reissuance of a rule, guidance, grant, contract, designation, program, advisory committee, scientific report, or international activity;
lawful rehiring, priority reemployment, or compensation;
new notice-and-comment rulemaking;
reopening of applications, claims, permits, benefits, or enforcement matters;
environmental or community remediation;
deletion, segregation, or return of unlawfully obtained data;
repayment or reobligation of funds;
restitution to affected persons; and
referral to an inspector general, the Office of Special Counsel, the Department of Justice, or Congress.
An agency may propose an equivalent or stronger alternative. The Council may approve the alternative only by written findings.
SEC. 208. EMERGENCY WAIVERS.
An agency head may request a temporary waiver where compliance would create an imminent and substantial threat to life, national security, cybersecurity, financial stability, or disaster response.
A waiver must be narrowly tailored, published to the maximum extent possible, and expire after 60 days unless renewed by the Council after public findings.
No waiver may authorize torture, discrimination, suspension of habeas corpus, unlawful surveillance, or expenditure of funds without appropriation.
SEC. 209. RESTORATION PORTAL.
The Council shall maintain a searchable, accessible, machine-readable public portal containing the inventory, nominations, evidence summaries, hearing materials, classifications, restoration plans, implementation status, spending, litigation, and outcome measures. Classified and personally identifying information shall be protected, but each withholding shall be logged and periodically reviewed.
SEC. 210. PETITIONS BY STATES, TRIBES, LOCAL GOVERNMENTS, AND AFFECTED PERSONS.
A petition demonstrating a plausible covered rollback action shall receive an initial determination within 45 days.
A petition supported by 5 or more States, 10 or more Tribal governments, or 50,000 verified affected persons shall receive priority review and a public hearing, absent a written finding that the petition is duplicative or facially outside the Act.
Retaliation against a petitioner is prohibited.
SEC. 211. JUDICIAL REVIEW.
A person suffering legal wrong from a final Council order may seek review in the United States Court of Appeals for the District of Columbia Circuit or the circuit where the principal injury occurred. The court shall review legal questions de novo and factual findings for substantial evidence.
SEC. 212. COMPLETION DEADLINES.
The initial inventory shall be complete within 12 months.
High-risk actions affecting life, voting, civil rights, sensitive data, public lands, appropriated funds, or international humanitarian operations shall be reviewed within 18 months.
All other inventoried actions shall receive a final classification within 36 months, unless Congress extends the deadline for a specified category.