8 USC 1440f - Fingerprints and other biometric information for members of the United States Armed Forces

U.S Code last checked for updates: Nov 22, 2024

§ 1440f.

Fingerprints and other biometric information for members of the United States Armed Forces

(a)

In general

Notwithstanding any other provision of law, including section 552a of title 5 (commonly referred to as the “Privacy Act of 1974”), the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time the individual enlisted in the United States Armed Forces, or at the time the individual filed an application for adjustment of status, to satisfy any requirement for background and security checks in connection with an application for naturalization if—

(1)

the individual may be naturalized pursuant to section 1439 or 1440 of this title;

(2)

the individual was fingerprinted and provided other biometric information in accordance with the requirements of the Department of Defense at the time the individual enlisted in the United States Armed Forces;

(3)

the individual—

(A)

submitted an application for naturalization not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; or

(B)

provided the required biometric information to the Department of Homeland Security through a United States Citizenship and Immigration Services Application Support Center at the time of the individual’s application for adjustment of status if filed not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; and

(4)

the Secretary of Homeland Security determines that the biometric information provided, including fingerprints, is sufficient to conduct the required background and security checks needed for the applicant’s naturalization application.

(b)

More timely and effective adjudication

Nothing in this section precludes an individual described in subsection (a) from submitting a new set of biometric information, including fingerprints, to the Secretary of Homeland Security with an application for naturalization. If the Secretary determines that submitting a new set of biometric information, including fingerprints, would result in more timely and effective adjudication of the individual’s naturalization application, the Secretary shall—

(1)

inform the individual of such determination; and

(2)

provide the individual with a description of how to submit such biometric information, including fingerprints.

(c)

Cooperation

The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of biometric information, including fingerprints, acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the biometric information, including fingerprints, referred to in subsection (a), shall—

(1)

make such prints available, without charge, to the Secretary of Homeland Security for the purpose described in subsection (a); and

(2)

otherwise cooperate with the Secretary of Homeland Security to facilitate the processing of applications for naturalization under subsection (a).

(d)

Electronic transmission

(e)

Centralization and expedited processing

(1)

Centralization

(2)

Expedited processing

(Pub. L. 110–251, § 2, June 26, 2008, 122 Stat. 2319.)

cite as: 8 USC 1440f