8 U.S.C. § 1440e — Exemption from naturalization fees for

Page 507 TITLE 8—ALIENS AND NATIONALITY § 1440e with the Bureau of Citizenship and Immigra- tion Services in the Department of Home- land Security immediately upon the death of that person; or (B) by the next-of-kin. (2) Approval The Director of the Bureau of Citizenship and Immigration Services shall approve a re- quest for posthumous citizenship filed by the next-of-kin in accordance with paragraph (1)(B) if— (A) the request is filed not later than 2 years after— (i) November 24, 2003; or (ii) the date of the person’s death; whichever date is later; (B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the re- quirements of paragraphs (1) and (2) of sub- section (b); and (C) the Director finds that the person sat- isfied the requirement of subsection (b)(3). (d) Documentation of posthumous citizenship If the Director of the Bureau of Citizenship and Immigration Services approves the request referred to in subsection (c), the Director shall send to the next-of-kin of the person who is granted citizenship, a suitable document which states that the United States considers the per- son to have been a citizen of the United States at the time of the person’s death. (June 27, 1952, ch. 477, title III, ch. 2, § 329A, as added Pub. L. 101–249, § 2(a), Mar. 6, 1990, 104 Stat. 94; Pub. L. 107–273, div. C, title I, § 11030(b), Nov. 2, 2002, 116 Stat. 1836; Pub. L. 108–136, div. A, title XVII, §§ 1703(g), 1704, Nov. 24, 2003, 117 Stat. 1695, 1696.) Editorial Notes CODIFICATION November 24, 2003, referred to in subsec. (c)(2)(A)(i), was in the original ‘‘the date of enactment of this sec- tion’’, which was translated as meaning the date of en- actment of Pub. L. 108–136, which enacted subsec. (c) of this section, to reflect the probable intent of Congress. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–136, § 1703(g)(2), sub- stituted ‘‘Secretary of Homeland Security’’ for ‘‘Attor- ney General’’ in two places. Subsec. (c). Pub. L. 108–136, § 1704(1), added heading and text of subsec. (c) and struck out former subsec. (c) which related to procedures for approval by the Attor- ney General of a request for the granting of post- humous citizenship. Subsec. (d). Pub. L. 108–136, § 1704(2), added heading and text of subsec. (d) and struck out former subsec. (d) which read as follows: ‘‘If the Attorney General ap- proves such a request to grant a person posthumous citizenship, the Attorney General shall send to the in- dividual who filed the request a suitable document which states that the United States considers the per- son to have been a citizen of the United States at the time of the person’s death.’’ Subsec. (e). Pub. L. 108–136, § 1703(g)(1), struck out heading and text of subsec. (e). Text read as follows: ‘‘Nothing in this section or section 1430(d) of this title shall be construed as providing for any benefits under this chapter for any spouse, son, daughter, or other rel- ative of a person granted posthumous citizenship under this section.’’ 2002—Subsec. (c)(1)(A). Pub. L. 107–273 substituted ‘‘November 2, 2002,’’ for ‘‘March 6, 1990,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–136 effective as if enacted Sept. 11, 2001, see section 1705 of Pub. L. 108–136, set out in a note under section 1439 of this title. §§ 1440a to 1440d. Omitted Editorial Notes CODIFICATION Sections, act June 30, 1953, ch. 162, §§ 1–4, 67 Stat. 108–110, which authorized naturalization of persons who served in the Armed Forces after June 29, 1950, and not later than July 1, 1955, were omitted as obsolete, since the provisions of section 1 of act June 30, 1953, required the petition for naturalization to be filed not later than December 31, 1955. See sections 1440 and 1440e of this title. § 1440e. Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent pe- riod of military hostilities; report by clerks of courts to Attorney General Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on the date des- ignated by the President by Executive order as the date of termination of the Vietnam hos- tilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in mili- tary operations involving armed conflict with a hostile foreign force, and who is applying for naturalization during such periods under section 329 of the Immigration and Nationality Act, as amended by this Act [8 U.S.C. 1440], for filing a petition for naturalization or issuing a certifi- cate of naturalization upon his admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this section shall be made to the Attorney General as in the case of other reports required of clerks of courts by title III of the Immigration and Nationality Act [8 U.S.C. 1401 et seq.]. (Pub. L. 90–633, § 3, Oct. 24, 1968, 82 Stat. 1344.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163. Title III of the Act is classified principally to subchapter III (§ 1401 et seq.) of this chapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Page 508 TITLE 8—ALIENS AND NATIONALITY § 1440f CODIFICATION Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1440f. Fingerprints and other biometric infor- mation for members of the United States Armed Forces (a) In general Notwithstanding any other provision of law, including section 552a of title 5 (commonly re- ferred to as the ‘‘Privacy Act of 1974’’), the Sec- retary of Homeland Security shall use the fin- gerprints 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 se- curity checks in connection with an application for naturalization if— (1) the individual may be naturalized pursu- ant to section 1439 or 1440 of this title; (2) the individual was fingerprinted and pro- vided other biometric information in accord- ance 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 natu- ralization 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 infor- mation to the Department of Homeland Se- curity through a United States Citizenship and Immigration Services Application Sup- port 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 de- termines that the biometric information pro- vided, including fingerprints, is sufficient to conduct the required background and security checks needed for the applicant’s naturaliza- tion 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 fin- gerprints, to the Secretary of Homeland Secu- rity with an application for naturalization. If the Secretary determines that submitting a new set of biometric information, including finger- prints, would result in more timely and effective adjudication of the individual’s naturalization application, the Secretary shall— (1) inform the individual of such determina- tion; 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 con- sultation 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 bio- metric information, including fingerprints, re- ferred 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 proc- essing of applications for naturalization under subsection (a). (d) Electronic transmission Not later than one year after June 26, 2008, the Secretary of Homeland Security shall, in coordi- nation with the Secretary of Defense and the Di- rector of the Federal Bureau of Investigation, implement procedures that will ensure the rapid electronic transmission of biometric informa- tion, including fingerprints, from existing re- positories of such information needed for mili- tary personnel applying for naturalization as de- scribed in subsection (a) and that will safeguard privacy and civil liberties. (e) Centralization and expedited processing (1) Centralization The Secretary of Homeland Security shall centralize the data processing of all applica- tions for naturalization filed by members of the United States Armed Forces on active duty serving abroad. (2) Expedited processing The Secretary of Homeland Security, the Di- rector of the Federal Bureau of Investigation, and the Director of National Intelligence shall take appropriate actions to ensure that appli- cations for naturalization by members of the United States Armed Forces described in para- graph (1), and associated background checks, receive expedited processing and are adju- dicated within 180 days of the receipt of re- sponses to all background checks. (Pub. L. 110–251, § 2, June 26, 2008, 122 Stat. 2319.) Editorial Notes CODIFICATION Section was enacted as part of the Kendell Frederick Citizenship Assistance Act, and not as part of the Im- migration and Nationality Act which comprises this chapter. § 1440g. Provision of information on military nat- uralization (a) In general Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 1439 or 1440 of this title, the Secretary of Homeland Security shall make appropriate updates to the Internet sites maintained by the Secretary to reflect such modification. (b) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security, not later than 180 days