Bill
S 5375
Establishes a DoD system to classify Afghan allies and preserve their records and biometrics for potential future use, with an 180-day setup and 10-year duration.
Purpose
- Establish a formal records preservation program within the Department of Defense to recognize and preserve information for individuals identified as Afghan allies who supported the United States mission in Afghanistan.
- Create a process to classify certain Afghan nationals as Afghan allies and maintain a secure, transferable record for potential future use.
Key Provisions and Changes
1) Definition of Afghan Ally
- Defines “Afghan ally” for the purposes of this act as an Afghan national (or non-national who last resided in Afghanistan) who:
- Served or was affiliated with specific Afghan security/military entities or associated activities, including:
- Special operations forces, National Army Special Operations, Afghan Air Force, Special Mission Wing; and
- Female personnel in related entities, cadets/instructors at the national defense university, or civilian employees of defense/interior ministries;
- Individuals connected to former Afghan military/police human intelligence, counterterrorism, counternarcotics, or the justice sector engaged in certain rule-of-law activities funded/trained by the U.S.;
- Senior Afghan defense/interior staff or officials.
- Provided service to these entities for at least 1 year between December 22, 2001, and September 1, 2021, supporting the U.S. mission in Afghanistan.
2) Inclusions
- Clarifies that the Afghan National Defense and Security Forces include units under Afghanistan’s Ministry of Defense and Interior Affairs (e.g., Afghan National Army, Afghan Air Force, Afghan National Police) and any other entity designated by the Secretary of Defense during the relevant period.
3) Afghan Allies Records Preservation Program
- Creation of a Defense Department process, to be in place within 180 days after enactment, to allow individuals to apply for classification as Afghan allies.
- Application System:
- Develop a secure online portal to verify status and upload supporting documents.
- Allow applications from the applicant themselves, a designee, or from outside the U.S. (if the applicant is outside the U.S.).
- Review Process:
- The Secretary of Defense will review service records, other provided documentation, and internal DoD records (including biometrics and other identifying data) to determine eligibility.
- If an applicant is determined to be an Afghan ally with little or no derogatory information, the Secretary shall preserve a complete record of the application for potential future use, including:
- the service record, verification information, and biometrics; and
- any relevant data held by DoD or contractors (e.g., biographic and biometric data, iris scans, fingerprints, voice/hand biometrics).
4) Denial and Appeals
- If the Secretary denies a request (based on not meeting the Afghan ally criteria or due to derogatory information):
- The applicant receives a written notice detailing the basis for the denial, to the extent practicable.
- The applicant may submit one written appeal within 120 days (or later at the Secretary’s discretion).
- Reopening requests may be submitted to provide additional information or clarify existing data, with limits on subsequent reopenings.
5) Termination and Duration
- The application process terminates no earlier than 10 years after enactment, or earlier if the Secretary determines termination is in the national interest.
6) General Provisions
- Prohibition on fees: No fee may be charged for classification or records preservation.
- Administrative flexibility: DoD personnel focused on the ARCH Act are exempt from typical personnel caps when necessary to carry out the act.
- Representation: Applicants may be represented by an attorney or accredited representative, at no cost to the United States.
Who is Affected
- Afghan nationals who qualify as Afghan allies under the defined criteria.
- Applicants seeking classification and preservation of records.
- DoD, including the Secretary of Defense, military departments, and Defense Agencies, which will administer the process.
- Potential designees who may file applications on behalf of an applicant.
Procedural and Timeline Issues
- Enactment date: August 7, 2026 (appearance in the session).
- Implementation deadline: Within 180 days after enactment, to establish the application process and secure online portal.
- Termination: The program’s application process and preservation requirements would terminate no earlier than 10 years post-enactment, subject to a national-interest determination by the Secretary of Defense.
- Appeals and reopenings: Structured timelines for appeals (within 120 days of denial) and limited reopenings for new information.
Impact Considerations
- Creates a formal, trackable system to preserve DoD records and biometrics related to Afghan allies for potential future use, which could assist in visa, asylum, or credentialing processes.
- Balances transparency and due process with national security considerations, including potential inclusion of derogatory information and opportunities to appeal.
- Establishes non-fee preservation, emphasizing accessibility for at-risk individuals and their representatives.
Compiled from official sources — confirm details with the bill’s official record.
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