ARCH Act
- Sponsor
- Sen. Rounds, Mike [R-SD]
- Committees
- Armed Services Committee (primary)
- Last action
- Aug 7, 2026
Bottom line
The ARCH Act creates a formal DoD program to identify, verify, and preserve critical service records for Afghan allies who assisted the U.S. mission, aiming to provide essential documentation for their future immigration or resettlement efforts.
What it actually does
This bill mandates the Department of Defense (DoD) to establish a process for certain at-risk Afghan allies to apply for classification and preservation of their service records and biometrics. It defines eligible 'Afghan allies' to include specific military, police, and civilian personnel who supported the U.S. mission. The program includes an online application system, a comprehensive review process, and an appeals mechanism for denials, with a scheduled termination after at least 10 years.
Proponents argue
Supporters argue this bill is a moral imperative to honor commitments to Afghan allies who risked their lives for the U.S. mission. It provides a crucial mechanism for these individuals to verify their service, which is often essential for immigration processes like the Special Immigrant Visa (SIV) program, especially given the chaotic withdrawal from Afghanistan and the loss of records. It addresses a critical gap in supporting those who remain at risk.
Opponents contend
Potential opponents might argue that this bill creates a new bureaucratic burden on the Department of Defense, potentially diverting resources from core defense functions. Concerns could also be raised about the security implications of collecting and preserving sensitive biometric data for a large number of foreign nationals, or the potential for fraud in the application process. Some might also argue that existing immigration pathways should be sufficient, or that this bill could inadvertently encourage further migration.
The bill is short and relatively straightforward, allowing for a quick and comprehensive understanding of its provisions.
Section 1
Short Title
This section formally names the act the 'Afghan Ally Records and Credential Heritage of 2026' or the 'ARCH Act.' This provides a concise and memorable reference for the legislation, aiding in public discourse and legislative tracking.
Supporters argue
Supporters argue that a clear and memorable short title helps in public discourse and legislative tracking, emphasizing the bill's purpose and making it easier to reference.
Critics contend
No specific opposition is typically raised against short titles, as they are standard legislative practice and do not alter the substantive content of the bill.
Tradeoffs
None apparent, as short titles are primarily for administrative and communicative convenience.
Section 2(a)
Definition of 'Afghan Ally'
This provision establishes a specific and detailed definition for 'Afghan ally' solely for the purpose of the Department of Defense records preservation processes created by this section. It includes members of special operations forces, the Afghan Air Force, female members of any other Afghanistan National Defense and Security Forces (ANDSF) entity, individuals involved in human intelligence, counterintelligence, counterterrorism, or counternarcotics, justice sector personnel (judges, prosecutors, investigators), and senior military/civilian officials. Eligibility requires at least one year of service between December 22, 2001, and September 1, 2021, in support of the U.S. mission.
Section 2(c)(1) and (2)
Establishment of Records Preservation Program and Application System
This section mandates the Secretary of Defense to establish, within 180 days of enactment, a process for individuals to apply for classification as an Afghan ally. The process must include a secure online portal for applicants to provide information and upload supporting documentation. The system is designed to be accessible, allowing applicants to submit their own applications, have a designee submit on their behalf, and submit from any location outside the United States.
Section 2(c)(3)
Application Review and Record Preservation
This provision outlines the review process for applications. The Secretary of Defense must review the applicant's service record, internal DoD records, and available biometric data (such as iris scans, fingerprints, and voice biometrics), including any relevant derogatory information. If an applicant is determined to be an Afghan ally without significant derogatory information, the Secretary must preserve a complete record of their application, including service records and biometrics, for potential future use by the applicant or their designee.
Section 2(c)(4)
Denial, Appeal, and Reopening Process
This provision establishes a due process for applicants whose requests for classification and records preservation are denied. If an application is denied, the Secretary of Defense must provide a written notice detailing the basis for the denial, including underlying facts, inferences, or evidentiary gaps. Applicants are granted an opportunity to submit one written appeal within 120 days of receiving notice (or later at the Secretary's discretion). Additionally, applicants may submit a request to reopen their case to provide new information, clarify existing details, or explain unfavorable information, though subsequent requests to reopen may be denied by the Secretary.
Section 2(c)(5)-(6)
Program Termination and General Provisions
This section specifies that the application process will terminate no earlier than 10 years after the bill's enactment, or when the Secretary of Defense determines it is no longer in the national interest. It also includes general provisions: prohibiting any fees for classification or records preservation, exempting personnel hired for this section from general DoD personnel limitations, and allowing applicants to be represented by an attorney or accredited representative at their own expense during the application process.