[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5046-S5047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2797. Mr. ROUNDS (for himself, Ms. Klobuchar, Mr. Moran, Mr. 
Blumenthal, and Mr. Coons) 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

[[Page S5047]]

     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
       (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.
                                 ______