Title 38 — Veterans' BenefitsRelease 119-73not60
§8128 Small Business Concerns Owned and Controlled by Veterans: Contracting Priority
Title 38 › Part VI— ACQUISITION AND DISPOSITION OF PROPERTY › Chapter 81— ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter II— PROCUREMENT AND SUPPLY › § 8128
Summary
Under any buying preference in this title or other law, the Secretary must give priority to veteran‑owned small businesses that qualify. A "veteran‑owned small business" means a firm listed in the Small Business Administration database under section 36.
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 5, 2026
Release point: 119-73not60