PolicyBrief
S. 5375
119th CongressAug 7th 2026
Afghan Ally Records and Credential Heritage of 2026
IN COMMITTEE

The ARCH Act of 2026 mandates that the Department of Defense establish a secure process to verify and preserve the service records of eligible Afghan allies who supported the U.S. mission in Afghanistan.

Mike Rounds
R

Mike Rounds

Senator

SD

LEGISLATION

ARCH Act to Launch Digital Record Vault for Afghan Allies: 10-Year Preservation Window Starts in 2026

The Afghan Ally Records and Credential Heritage (ARCH) Act is a digital lifeline designed to secure the service histories of thousands of Afghan nationals who worked alongside the U.S. military. By mandating a secure online portal within 180 days, the bill ensures that those who served in elite special forces, the justice sector, or as female members of the security forces can have their contributions officially verified and stored. This isn't just about paperwork; it’s about creating a permanent, verifiable paper trail for people who may need it for future immigration or security clearances, long after the physical documents in Kabul have disappeared.

A Digital Safe for Service

The bill requires the Secretary of Defense to build a portal where allies can upload documents and submit biometrics like fingerprints and iris scans. To qualify, an individual must have served at least one year between 2001 and 2021 in specific roles, such as the Afghan Air Force or as a judge in the justice sector (SEC. 2). Think of it like a permanent, government-backed cloud storage for military resumes. For a former prosecutor who spent years targeting the Taliban with U.S. funding, this record preservation is the difference between being a 'person of interest' and a 'verified ally' when applying for future status. The program is set to run for at least a decade, giving people who are currently in hiding or in transit the time they need to find a safe way to apply.

The 'Derogatory' Grey Area

While the bill is a massive step toward accountability, it contains a significant hurdle: the 'derogatory information' clause. If the Department of Defense finds what it considers significant negative info, they can deny the records preservation entirely. The bill doesn't strictly define what 'significant' means, which leaves a lot of power in the hands of the reviewers. If you’re an ally whose record is denied, you get a written explanation and one shot at an appeal within 120 days. You can also ask to 'reopen' the case once to provide more context, but after that, the door is largely closed. For someone whose service record might be messy due to the chaotic 2021 withdrawal, this lack of a clear definition for 'derogatory' could be a major roadblock.

Who Gets Left Behind

The ARCH Act is specific about who it helps, focusing heavily on high-level roles like special ops, intelligence, and the justice sector. This means a lot of folks who did essential work—like local contractors or low-level clerks—might not fit into these specific buckets. Furthermore, while the bill allows applicants to have a lawyer or representative, it specifically states the U.S. government won't pay for it. For an ally living in a refugee camp with no income, navigating a complex legal appeal without a pro-bono lawyer could be nearly impossible. The bill also sidesteps personnel limits to make sure the DOD can actually staff this program, but the real-world success will depend entirely on whether that portal is user-friendly and if the 'practicable' standard for explaining denials actually gives people enough info to defend their records.