PRIA Logo™
Take the PRIA Score
Title 38 — Veterans' BenefitsRelease 119-73

§8128 Small business concerns owned and controlled by veterans: contracting priority

Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER II— - PROCUREMENT AND SUPPLY › § 8128

Last updated Apr 6, 2026|Official source

Summary

When using a contracting preference, the Secretary must give priority to a veteran-owned and controlled small business that also qualifies for that preference. A veteran-owned and controlled small business means one listed in the SBA small business database under section 36 of the Small Business Act.

Full Legal Text

Title 38, §8128

Veterans' Benefits — Source: USLM XML via OLRC

(a)In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.
(b)For purposes of this section, the term “small business concern owned and controlled by veterans” means a small business concern that is included in the small business database maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 36 of the Small Business Act, referred to in subsec. (b), is classified to section 657f of Title 15, Commerce and Trade.

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted “maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act” for “maintained by the Secretary under section 8127(f) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 116–283, div. A, title VIII, § 862(b)(3), Jan. 1, 2021, 134 Stat. 3778, provided that the amendment made by section 862(b)(3)(B) shall take effect on the transfer date, which is 2 years after Jan. 1, 2021, see section 862(a) of Pub. L. 116–283, set out as a note under section 657f of Title 15, Commerce and Trade.

Effective Date

Pub. L. 109–461, title V, § 503(b), Dec. 22, 2006, 120 Stat. 3436, provided that: “This section [enacting this section] and the

Amendments

made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006].”

Reference

Citations & Metadata

Citation

38 U.S.C. § 8128

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73