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2026-07-06 10:51:44 -04:00

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LegalText 41 U.S.C. § 6309 Honorable discharge certificate in lieu of birth certificate us united_states_code code_section 41 PUBLIC CONTRACTS 63 GENERAL CONTRACT PROVISIONS 6309 41 U.S.C. § 6309 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip /us/usc/t41/s6309 data/legal/raw/us/code/title-41/usc41.xml a703c8d16a59c79395430f5cf7e0d4ee589b0e24476d36c4af716e2326143c29 0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3 450648de11fc02a27d6bac57969c8ffe81d09b344953325fe4f9cb175a94ecef 2026-07-04 official
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41 U.S.C. § 6309 - Honorable discharge certificate in lieu of birth certificate

Text

(a) In General.— An employer described in subsection (b) may not deny employment, on account of failure to produce a birth certificate, to an individual who submits, in lieu of the birth certificate, an honorable discharge certificate (or certificate issued in lieu of an honorable discharge certificate) from the Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard of the United States, unless the honorable discharge certificate shows on its face that the individual may have been an alien at the time of its issuance.

(b) Employers to Which Section Applies.— An employer referred to in subsection (a) is an employer—

(1) engaged in—

(A) the production, maintenance, or storage of arms, armament, ammunition, implements of war, munitions, machinery, tools, clothing, food, fuel, or any articles or supplies, or parts or ingredients of any articles or supplies; or

(B) the construction, reconstruction, repair, or installation of a building, plant, structure, or facility; and

(2) engaged in the activity described in paragraph (1) under—

(A) a contract with the Federal Government; or

(B) any contract that the President, the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, or the Secretary of the Department in which the Coast Guard is operating certifies to the employer to be necessary to the national defense.

(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3806; Pub. L. 116283, div. A, title IX, § 927(e), Jan. 1, 2021, 134 Stat. 3832.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 6309(a)41:49.June 22, 1942, ch. 432, § 1, 56 Stat. 375. 6309(b)41:50.June 22, 1942, ch. 432, § 2, 56 Stat. 376; Pub. L. 9731, § 12(16), Aug. 6, 1981, 95 Stat. 154. In subsection (a), the words “Air Force” are added because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). Section 207(a) and (f) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676). Section 1 of the Act of August 10, 1956 (70A Stat. 1) enacted Title 10, “Armed Forces” and under subtitle D of title 10 the Department of the Air Force remained an independent administrative entity in the Department of Defense. Subsection (b)(2)(B) is set out as a separate provision to clarify that the certification applies only to contracts other than contracts with the Federal Government. If the certification were to be construed as applying to all contracts, then the words “under a contract with the United States or” in section 2 of the Act of June 22, 1942, would be rendered meaningless. In subsection (b)(2)(B), the words “Secretary of the Army” are substituted for “Secretary of War”, and the words “Secretary of the Air Force” are added, because of sections 205(a) and 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 501, 502, 503). Sections 205(a) and 207(a) and (f) were repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676). Section 1 of the Act of August 10, 1956 (70A Stat. 1) enacted Title 10, “Armed Forces” and under sections 3010 to 3013 and 8010 to 8013 the Departments of the Army and Air Force remained under the administrative supervision of the Secretaries of the Army and Air Force, respectively. The words “Secretary of the Department in which the Coast Guard is operating” are substituted for “Secretary of Transportation” because of 6:468(b) and (h), 551(d), and 552(d), 14:1 and 3, and the Department of Homeland Security Reorganization Plan of November 25, 2002 (H. Doc. No. 10816, 108th Cong., 1st Sess. (6 U.S.C. 542 note)).

Editorial Notes

Amendments2021—Subsec. (a). Pub. L. 116283 inserted “Space Force,” after “Marine Corps,”.