S. 5375: Afghan Ally Records and Credential Heritage of 2026

This bill would direct the Department of Defense to create a process for certain former Afghan allies to have their service records and related information preserved in a secure government system. The goal is to help keep documentation available for future use by those individuals, or by someone acting on their behalf.

Who would qualify

The bill defines an “Afghan ally” for this program as a person connected to Afghanistan who served the U.S. mission there in certain roles for at least one year between December 22, 2001, and September 1, 2021. Eligible groups would include, for example:

• Members of certain Afghan special operations and air force units
• Female members of Afghan defense and interior ministry entities, including cadets, instructors, and civilian employees
• People involved in military or police intelligence, counterintelligence, counterterrorism, or counternarcotics
• People who worked in Afghan ministries or courts on investigations, prosecutions, or detention of Taliban-linked fighters or criminal networks
• Judges, prosecutors, or investigators in Afghanistan’s former justice sector who worked on U.S.-supported rule of law efforts
• Senior Afghan military officers, senior enlisted personnel, or civilian officials in the former defense or interior ministries

What the Department of Defense would have to do

Within 180 days of enactment, the Secretary of Defense would have to set up a way for people to apply to be classified as Afghan allies. The process would include a secure online portal where applicants can submit information and upload documents showing their service.

The bill would allow:

• the applicant to apply directly
• a designated representative to apply on the applicant’s behalf
• applications from outside the United States

When reviewing an application, the Department of Defense would look at available service records, supporting documents, internal or contractor-held records, and other data it has, including biometric or identifying information such as fingerprints, iris scans, voice data, or hand geometry, if available.

Record preservation

If the Secretary of Defense determines that someone qualifies as an Afghan ally and has no significant derogatory information, the department would have to preserve a complete record of the application for possible future use. That preserved file would include, if available:

• service records
• information that helps verify the service records
• biometric information

Denials and appeals

If an application is denied because the person is not found to be an Afghan ally, or because of derogatory information, the department would have to provide written notice explaining the denial as much as practicable. The applicant would get one written appeal for each denial. The appeal would generally have to be filed within 120 days of the notice, though the Secretary could allow later filings.

The applicant could also ask to reopen the request once to provide more information, clarify existing information, or respond to negative information. After considering one such reopening request, the Secretary could reject later requests from the same person.

Other rules

• No fee could be charged for filing a request.
• Usual personnel caps would not apply to staff hired mainly to carry out this program.
• Applicants could be represented by an attorney or other accredited representative at their own expense.
• The application process would end no earlier than 10 years after enactment, and only if the Secretary of Defense determines ending it is in the national interest.

Relevant Companies

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