[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5000-S5001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2704. Mr. ROUNDS (for himself, Ms. Klobuchar, Mr. Moran, Mr.
Coons, and Mr. Blumenthal) submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. RECORDS PRESERVATION PROCESSES FOR CERTAIN AT-RISK
AFGHAN ALLIES.
(a) Definition of Afghan Ally.--In this section and only
for the purpose of the Department of Defense records
preservation processes established by this section, the term
``Afghan ally'' means an alien who is a citizen or national
of Afghanistan, or in the case of an alien having no
nationality, an alien who last habitually resided in
Afghanistan, who--
(1) was--
(A) a member of--
(i) the special operations forces of the Afghanistan
National Defense and Security Forces;
(ii) the Afghanistan National Army Special Operations
Command;
(iii) the Afghan Air Force; or
(iv) the Special Mission Wing of Afghanistan;
(B) a female member of any other entity of the Afghanistan
National Defense and Security Forces, including--
(i) a cadet or instructor at the Afghanistan National
Defense University; and
(ii) a civilian employee of the Ministry of Defense or the
Ministry of Interior Affairs;
(C) an individual associated with former Afghan military
and police human intelligence activities, including operators
and Department of Defense sources;
(D) an individual associated with former Afghan military
counterintelligence, counterterrorism, or counternarcotics;
(E) an individual associated with the former Afghan
Ministry of Defense, Ministry of Interior Affairs, or court
system, and who was involved in the investigation,
prosecution or detention of combatants or members of the
Taliban or criminal networks affiliated with the Taliban;
(F) an individual employed in the former justice sector in
Afghanistan as a judge, prosecutor, or investigator who was
engaged in rule of law activities for which the United States
provided funding or training; or
(G) a senior military officer, senior enlisted personnel,
or civilian official who served on the staff of the former
Ministry of Defense or the former Ministry of Interior
Affairs of Afghanistan; and
(2) provided service to an entity or organization described
in paragraph (1) for not less than 1 year during the period
beginning on December 22, 2001, and ending on September 1,
2021, and did so in support of the United States mission in
Afghanistan.
(b) Inclusions.--For purposes of this section, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic
of Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(c) Afghan Allies Records Preservation Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process by which an individual may apply to the
Secretary of Defense for classification as an Afghan ally.
(2) Application system.--The process established under
paragraph (1) shall--
(A) include the development and maintenance of a secure
online portal through which applicants may provide
information verifying their status as Afghan allies and
upload supporting documentation; and
(B) allow--
(i) an applicant to submit his or her own application;
(ii) a designee of an applicant to submit an application on
behalf of the applicant; and
(iii) the submission of an application regardless of where
the applicant is located, provided that the applicant is
outside the United States.
(3) Review process.--As soon as practicable after receiving
a request for classification described in paragraph (1), the
Secretary of Defense shall--
(A) review--
(i) the service record of the applicant, if available;
(ii) if the applicant provides a service record or other
supporting documentation, any information within the internal
or contractor-held records of the Department of Defense that
helps verify the service record concerned, including
information or an attestation provided by any current or
former official of the Department of Defense who has personal
knowledge of the eligibility of the applicant for such
classification; and
(iii) available data holdings in the possession of the
Department of Defense or any contractor of the Department of
Defense, including as applicable biographic and biometric
records, iris scans, fingerprints, voice biometric
information, hand geometry biometrics, other identifiable
information, and any other information related to the
applicant, including relevant derogatory information; and
[[Page S5001]]
(B)(i) in a case in which the Secretary of Defense
determines that the applicant is an Afghan ally without
significant derogatory information, the Secretary shall
preserve a complete record of such application for potential
future use by the applicant or a designee of the applicant;
and
(ii) include with such preserved record--
(I) any service record concerned, if available;
(II) if the applicant provides a service record, any
information that helps verify the service record concerned;
and
(III) any biometrics for the applicant.
(4) Review process for denial of request for records
preservation.--
(A) In general.--In the case of an applicant with respect
to whom the Secretary of Defense denies a request for
classification and records preservation based on a
determination that the applicant is not an Afghan ally or
based on derogatory information--
(i) the Secretary shall provide the applicant with a
written notice of the denial that provides, to the maximum
extent practicable, a description of the basis for the
denial, including the facts and inferences, or evidentiary
gaps, underlying the individual determination; and
(ii) the applicant shall be provided an opportunity to
submit not more than 1 written appeal to the Secretary for
each such denial.
(B) Deadline for appeal.--An appeal under clause (ii) of
subparagraph (A) shall be submitted--
(i) not more than 120 days after the date on which the
applicant concerned receives notice under clause (i) of that
subparagraph; or
(ii) on any date thereafter, at the discretion of the
Secretary of Defense.
(C) Request to reopen.--
(i) In general.--An applicant who receives a denial under
subparagraph (A) may submit a request to reopen a request for
classification and records preservation under the process
established under paragraph (1) so that the applicant may
provide additional information, clarify existing information,
or explain any unfavorable information.
(ii) Limitation.--After considering 1 such request to
reopen from an applicant, the Secretary of Defense may deny
subsequent requests to reopen submitted by the same
applicant.
(5) Termination.--The application process under this
subsection shall terminate on the date that--
(A) is not earlier than ten years after the date of the
enactment of this Act; and
(B) on which the Secretary of Defense makes a determination
that such termination is in the national interest of the
United States.
(6) General provisions.--
(A) Prohibition on fees.--The Secretary of Defense may not
charge any fee in connection with a request for a
classification or records preservation under this section.
(B) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(C) Representation.--An alien applying for records
preservation under this section may be represented during the
application process, including at relevant interviews and
examinations, by an attorney or other accredited
representative. Such representation shall not be at the
expense of the United States Government.
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