38 U.S.C. § 8128 — Small business concerns owned and con-

Page 1352 TITLE 38—VETERANS’ BENEFITS § 8128 by section 862(b) of Pub. L. 116–283 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 OF 2020 AMENDMENT Pub. L. 116–183, § 2(b), Oct. 30, 2020, 134 Stat. 896, pro- vided that: ‘‘Subsection (k) of section 8127 of title 38, United States Code, as added by subsection (a), shall apply with respect to a contract entered into after the date of the enactment of this Act [Oct. 30, 2020].’’ Pub. L. 116–155, § 2(c), Aug. 8, 2020, 134 Stat. 699, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to a contract entered into on or after the date of the enact- ment of this Act [Aug. 8, 2020].’’ EFFECTIVE DATE OF 2016 AMENDMENT Amendment by section 1832(b), (d) of Pub. L. 114–328 effective on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue implementing regula- tions [regulations effective Oct. 1, 2018], see section 1832(e) of Pub. L. 114–328, set out as a note under section 632 of Title 15, Commerce and Trade. Pub. L. 114–328, div. A, title XVIII, § 1832(f)(2), Dec. 23, 2016, 130 Stat. 2661, provided that: ‘‘Paragraph (8) of subsection (f) of title 38, United States Code, as added by paragraph (1), shall apply with respect to a verification decision made by the Secretary of Vet- erans Affairs on or after the date of the enactment of this Act [Dec. 23, 2016].’’ Pub. L. 114–315, title V, § 501(b), Dec. 16, 2016, 130 Stat. 1566, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on the date that is 180 days after the date of the enact- ment of this Act [Dec. 16, 2016] and shall apply with re- spect to contracts awarded on or after such date.’’ EFFECTIVE DATE Pub. L. 109–461, title V, § 502(d), Dec. 22, 2006, 120 Stat. 3435, provided that: ‘‘This section [enacting this section and provisions set out as a note below] and the amend- ments 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].’’ TRANSITION PROVISIONS Pub. L. 111–275, title I, § 104(b)(2), Oct. 13, 2010, 124 Stat. 2868, provided that: ‘‘In the case of a small busi- ness concern included in the database as of the date of the enactment of this Act [Oct. 13, 2010] for which, as of such date, the Secretary of Veterans Affairs has not verified the status of such concern in accordance with paragraph (4) of subsection (f) of section 8127 of title 38, United States Code, as amended by paragraph (1), not later than 60 days after the date of the enactment of this Act, the Secretary shall notify the person who owns and controls the concern that— ‘‘(A) the Secretary is required to verify the status of the concern in accordance with such paragraph, as so amended; ‘‘(B) verification of such status shall require that the person who owns and controls the concern apply for inclusion in the database in accordance with such subsection, as so amended; ‘‘(C) application for inclusion in the database shall constitute permission under section 552a of title 5, United States Code (commonly referred to as the Pri- vacy Act), for the Secretary to access such personal information maintained by the Secretary as may be necessary to verify the information contained in the application; and ‘‘(D) the person who owns and controls the concern must submit to the Secretary all information re- quired by the Secretary under this paragraph within 90 days of receiving the Secretary’s notice of such re- quirement or the concern shall be removed from the database.’’ Pub. L. 109–461, title V, § 502(b), Dec. 22, 2006, 120 Stat. 3435, provided that: ‘‘A small business concern that is listed in any small business database maintained by the Secretary of Veterans Affairs on the date of the en- actment of this Act [Dec. 22, 2006] shall be presumed to be eligible for inclusion in the database under sub- section (f) of section 8127 of title 38, United States Code, as added by subsection (a), during the period be- ginning on the effective date of that section [see Effec- tive Date note above] and ending one year after such ef- fective date. Such a small business concern may be re- moved from the database during that period if it is found not to be a small business concern owned and controlled by veterans (as defined in subsection (k) of such section).’’ § 8128. Small business concerns owned and con- trolled by veterans: contracting priority (a) CONTRACTING PRIORITY.—In procuring goods and services pursuant to a contracting preference under this title or any other provi- sion 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 sec- tion 36 of the Small Business Act. (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 section 657f of Title 15, Com- merce and Trade. AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘main- tained by the Administrator of the Small Business Ad- ministration 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 sec- tion] 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].’’ § 8129. Preference for offerors employing vet- erans (a) PREFERENCE.—(1) In awarding a contract for the procurement of goods or services, the Secretary may give a preference to offerors that employ veterans on a full-time basis.