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

---
identifier: "/us/usc/t38/s8128"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 8128 - Small business concerns owned and controlled by veterans: contracting priority"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "8128"
section_name: "Small business concerns owned and controlled by veterans: contracting priority"
chapter_number: 81
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
subchapter_number: "II"
subchapter_name: "PROCUREMENT AND SUPPLY"
part_number: "VI"
part_name: "ACQUISITION AND DISPOSITION OF PROPERTY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 109–461, title V, § 503(a)(1), Dec. 22, 2006, 120 Stat. 3435; amended Pub. L. 116–283, div. A, title VIII, § 862(b)(3)(B), Jan. 1, 2021, 134 Stat. 3779.)"
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# § 8128. Small business concerns owned and controlled by veterans: contracting priority

**(a)** **Contracting Priority.—** 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)** **Definition.—** 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.

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**Source Credit**: (Added Pub. L. 109–461, title V, § 503(a)(1), Dec. 22, 2006, 120 Stat. 3435; amended Pub. L. 116–283, div. A, title VIII, § 862(b)(3)(B), Jan. 1, 2021, 134 Stat. 3779.)

## Editorial Notes

### References in Text

Section 36 of the Small Business Act, referred to in subsec. (b), is classified to , Commerce and Trade.

### Amendments

2021—Subsec. (b).  substituted “maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act” for “maintained by the Secretary under ”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

, , , provided that the amendment made by section 862(b)(3)(B) shall take effect on the transfer date, which is 2 years after , see , set out as a note under , Commerce and Trade.

### Effective Date

> “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 [
> 
> ].”

, , , provided that: