WHAT THE LAW DOINCongress, in plain words

The law › Title 38, Veterans' Benefits › Chapter 81

38 U.S.C. 8127: Small business concerns owned and controlled by veterans: contracting goals and preferences

Created in 2006 by the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461). Changed by 9 later laws. No bill we track in this Congress changes it.

2 other sections of the Code cite this one, including 15 U.S.C. 657b, 15 U.S.C. 657f–1.

12 parts of federal rules cite it as their authority, written by Department of Veterans Affairs (11), Small Business Administration (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2021

    • Pub. L. 116–283, §862(b)(1)(A), substituted "the Administrator under section 36 of the Small Business Act" for "the Secretary under subsection (f)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (e)
    • Pub. L. 116–283, §862(b)(2), transferred subsec. (f) of this section to section 36(f) of the Small Business Act, which is classified to section 657f of Title 15, Commerce and Trade. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(i), substituted "the Administrator" for "the Secretary" wherever appearing except in the last place it appears in par. (2)(A). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(ii), substituted "small business concerns owned and controlled by service-disabled veterans" for "small business concerns owned and controlled by veterans with service-connected disabilities". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(iii)(I), inserted ", United States Code," after "title 5" and substituted "to obtain from the Secretary of Veterans Affairs" for "to access". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(iii)(II), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: "If the Secretary receives an application for inclusion in the database from an individual whose status as a veteran cannot be verified because the Se… (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f), (C)
    • Pub. L. 116–283, §862(b)(1)(B)(iv), substituted "a veteran described in paragraph (1)" for "such veterans". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(vii), substituted "The Administrator" for "The Secretary". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(v), (vi), redesignated par. (5) as (4) and struck out former par. (4), which required verification of veteran ownership or control. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(vi), redesignated par. (6) as (5). Former par. (5) redesignated (4). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(vi), redesignated par. (8) as (6). Former par. (6) redesignated (5). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(viii)(I), substituted "certify the status of the concern as a small business concern owned and controlled by veterans (under section 36A) or a small business concern owned and controlled by service-disabled veterans (under subsection (g) of this sec… (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(viii)(II)(aa), substituted "small business concern owned and controlled by service-disabled veterans" for "small business concern owned and controlled by veterans with service-connected disabilities" and struck out "of the Small Business Administ… (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(viii)(II)(bb)(AA), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "the Secretary; or". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(viii)(II)(bb)(BB), substituted "the applicable contracting officer" for "the contracting officer of the Department". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(viii)(III), struck out subpar. (C) which read as follows: "For each fiscal year, the Secretary shall reimburse the Administrator of the Small Business Administration in an amount necessary to cover any cost incurred by the Office of Hearings and App… (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(v), struck out par. (7) which read as follows: "The Secretary may not issue regulations related to the status of a concern as a small business concern and the ownership and control of such small business concern." (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(B)(vi), redesignated par. (8) as (6). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
    • Pub. L. 116–283, §862(b)(1)(D), added subsec. (k). Former subsec. (k) redesignated (l). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (k)
    • Pub. L. 116–315 substituted "or any other" for "and any other". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (k)
    • Pub. L. 116–283, §862(b)(1)(C), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (l)
    • Pub. L. 116–283, §862(b)(1)(E), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (m)
    • Pub. L. 116–283, §862(b)(1)(C), redesignated subsec. (l) as (m). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (m)

    2020

    • Pub. L. 116–155, §2(b), substituted "Except as provided in subsection (d)(2), for purposes" for "For purposes". Law text · (b), (c)
    • Pub. L. 116–155, §2(a), designated existing provisions as par. (1), inserted "in paragraph (2) and" before "in subsections (b) and (c)", and added par. (2). Law text · (d)
    • Pub. L. 116–183 added subsec. (k) and redesignated former subsec. (k) as (l). Law text · (k), (l)

    2016

    • Pub. L. 114–328, §1832(b)(2)(A), inserted "or a small business concern owned and controlled by veterans with service-connected disabilities" after "a small business concern owned and controlled by veterans". (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
    • Pub. L. 114–328, §1832(b)(2)(B), inserted "or a small business concern owned and controlled by veterans with service-connected disabilities" after "a small business concern owned and controlled by veterans" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)
    • Pub. L. 114–328, §1832(b)(2)(C), inserted "or small business concerns owned and controlled by veterans with service-connected disabilities" after "small business concerns owned and controlled by veterans" in two places. (National Defense Authorization Act for Fiscal Year 2017) Law text · (d)
    • Pub. L. 114–328, §1832(b)(2)(D), inserted ", small business concerns owned and controlled by veterans with service-connected disabilities," after "small business concerns owned and controlled by veterans". (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
    • Pub. L. 114–328, §1832(d)(1), substituted "verified, using regulations issued by the Administrator of the Small Business Administration with respect to the status of the concern as a small business concern and the ownership and control of such concern," for "verified" in introductor… (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
    • Pub. L. 114–328, §1832(d)(2), added par. (7). (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
    • Pub. L. 114–328, §1832(f)(1), added par. (8). (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
    • Pub. L. 114–328, §1832(b)(1)(A), redesignated subsec. (i) as (h) and struck out former subsec. (h) which related to treatment of businesses after death of veteran-owner. (National Defense Authorization Act for Fiscal Year 2017) Law text · (h)
    • Pub. L. 114–315, §501(a)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "The date that is ten years after the date of the veteran's death." (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (h)
    • Pub. L. 114–315, §501(a)(1), substituted period at end for "rated as 100 percent disabling or who dies as a result of a service-connected disability." (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (h)
    • Pub. L. 114–328, §1832(b)(1)(A), redesignated subsecs. (j) and (k) as (i) and (j), respectively. Former subsec. (i) redesignated (h). (National Defense Authorization Act for Fiscal Year 2017) Law text · (i), (j)
    • Pub. L. 114–328, §1832(b)(1)(A), redesignated subsec. (l) as (k). Former subsec. (k) redesignated (j). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1832(b)(1)(B)(i), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The term 'small business concern owned and controlled by veterans' means a small business concern— (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1832(b)(1)(B)(ii), added par. (3). (National Defense Authorization Act for Fiscal Year 2017) Law text · (k)
    • Pub. L. 114–328, §1832(b)(1)(A), redesignated subsec. (l) as (k). (National Defense Authorization Act for Fiscal Year 2017) Law text · (l)

    2012

    • Pub. L. 112–154 designated existing provisions as par. (1), inserted "willfully and intentionally" before "misrepresented", substituted "a period of not less than five years" for "a reasonable period of time, as determined by the Secretary", and added pars. (2) and (3). (Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012) Law text · (g)

    2011

    • Pub. L. 111–350 substituted "section 134 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)". Law text · (b), (c)

    2010

    • Pub. L. 111–275, §104(b)(1)(A), designated existing provisions as subpar. (A), inserted at end of subpar. (A) "Application for inclusion in the database shall constitute permission under section 552a of title 5 (commonly referred to as the Privacy Act) for the Secretary to access su… (Veterans' Benefits Act of 2010) Law text · (f)
    • Pub. L. 111–275, §104(b)(1)(B), added par. (4) and struck out former par. (4) which read as follows: "In maintaining the database, the Secretary shall carry out at least the following two verification functions: (Veterans' Benefits Act of 2010) Law text · (f)

    2008

    • Pub. L. 110–389 added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively. (Veterans' Benefits Improvement Act of 2008) Law text · (j), (k), (l)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.