S-5375-119
Read twice and referred to the Committee on Armed Services.
Sponsored by Mike Rounds (R-SD)
What it does
This bill would require the Secretary of Defense to create an application process, including a secure online portal, for certain Afghan nationals who served alongside U.S. forces (such as special operations personnel, intelligence sources, and justice-sector officials) to have their service records verified and preserved. Applicants outside the United States could apply themselves or through a designee, and those denied classification could appeal or request reopening of their case. The program would run for at least 10 years unless the Secretary determines earlier termination serves the national interest.
Who benefits
Afghan nationals who served with U.S.-aligned Afghan security, intelligence, or justice institutions between 2001 and 2021, who would gain a documented, verifiable record for potential future use (such as supporting immigration or resettlement claims). Their families and legal representatives also benefit from having an official verification channel. Veterans' advocacy groups and former U.S. military personnel who worked with these Afghans benefit indirectly by having a formal mechanism to attest to service records.
Who is hurt
No group bears a direct financial or legal burden, since the bill prohibits application fees and exempts staffing from personnel caps; however, Department of Defense personnel and contractors would bear added administrative workload to build and operate the portal and review applications. Applicants who receive derogatory-information denials could face reputational or practical setbacks if they are later found ineligible, and taxpayers would fund the program's operating costs, though the bill does not specify an appropriation level.
Supporters argue
Supporters argue that thousands of Afghans who risked their lives supporting the U.S. mission—including special operations personnel, intelligence sources, and female security officials—now lack any reliable way to prove their service as records were lost or destroyed during the 2021 withdrawal. They contend that creating a formal, fee-free preservation process protects these individuals from being unable to substantiate future immigration or protection claims simply because documentation never existed or was scattered across DoD and contractor systems.
Opponents argue
Opponents argue that creating a new verification bureaucracy within DoD, potentially operating for a decade or more, could strain department resources and divert personnel and contractor attention from core defense missions without a specified funding ceiling. They contend that relying on partial service records, attestations, and biometric data collected years after the fact risks both wrongful denials for genuine allies and, conversely, erroneous approvals based on incomplete or unreliable documentation.
Constitutional context
Congress is exercising its Article I authority to organize and regulate the armed forces and their records under Article I, Section 8, and no landmark case directly governs a records-verification program of this kind; the due-process procedures for denial and appeal echo the general due-process principles discussed in Hamdi v. Rumsfeld (2004), though that case concerned detention rather than records classification.
Checks and balances
Congress directs the Secretary of Defense (an executive branch official) to create and administer this program, with the Secretary retaining broad discretion over eligibility determinations, appeals, and program termination, and no explicit judicial review mechanism is established.
Historical precedent
This bill resembles the Special Immigrant Visa program's verification requirements for Afghan and Iraqi interpreters and allies, though ARCH Act creates a distinct records-preservation mechanism rather than an immigration status itself.