8 U.S.C. § 1440f — Fingerprints and other biometric information for members of the United States Armed Forces

(a) In general. Despite other laws, including section 552a of title 5, commonly called the Privacy Act of 1974, the Secretary of Homeland Security must use the fingerprints an individual provided when enlisting in the United States Armed Forces, or when filing an application for adjustment of status, to meet any requirement for background and security checks connected with an application for naturalization if: (1) the individual may be naturalized under section 1439 or 1440; (2) the individual was fingerprinted and provided other biometric information as required by the Department of Defense when enlisting; (3) the individual either (A) submitted an application for naturalization no later than 24 months after enlisting, or (B) provided the required biometric information to the Department of Homeland Security through a United States Citizenship and Immigration Services Application Support Center when applying for adjustment of status, and that application was filed no later than 24 months after enlisting; and (4) the Secretary of Homeland Security decides that the provided biometric information, including fingerprints, is sufficient to conduct the required background and security checks needed for the application. (b) More timely and effective adjudication. This section does not prevent 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 decides that submitting new biometric information would result in more timely and effective adjudication of the individual's application, the Secretary must: (1) inform the individual of that decision; and (2) give the individual a description of how to submit the biometric information, including fingerprints. (c) Cooperation. The Secretary of Homeland Security, after consulting with the Secretary of Defense, must determine the format of biometric information, including fingerprints, that is acceptable for use under subsection (a). The Secretary of Defense, or another official who has custody of the biometric information, including fingerprints, described in subsection (a), must: (1) make the fingerprints available to the Secretary of Homeland Security without charge for the purpose described in subsection (a); and (2) otherwise cooperate with the Secretary of Homeland Security to help process applications for naturalization under subsection (a). (d) Electronic transmission. No later than one year after June 26, 2008—that is, no later than June 26, 2009—the Secretary of Homeland Security, coordinating with the Secretary of Defense and the Director of the Federal Bureau of Investigation, must implement procedures that ensure the rapid electronic transmission of biometric information, including fingerprints, from existing repositories of that information when military personnel apply for naturalization as described in subsection (a). The procedures must safeguard privacy and civil liberties. (e) Centralization and expedited processing. (1) Centralization. The Secretary of Homeland Security must centralize the data processing of all applications for naturalization filed by members of the United States Armed Forces who are on active duty and serving abroad. (2) Expedited processing. The Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence must take appropriate actions to ensure that the applications described in paragraph (1), and their associated background checks, receive expedited processing and are adjudicated within 180 days after responses to all background checks are received. This section does not define the terms “biometric information,” “background and security checks,” “adjustment of status,” “application for naturalization,” “active duty,” “existing repositories,” or “privacy and civil liberties.”