§ 8127. Small business concerns owned and controlled by veterans: contracting goals and preferences

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Veterans Benefits, Health Care, and Information Technology Act of 2006

   Pub. L. 109–461 title V § 502(a)(1) · 120 Stat. 3403

   Enacted · 38 U.S.C. § 8127

   Added Pub. L. 109–461, title V, § 502(a)(1), Dec. 22, 2006, 120 Stat. 3431

   Source evidence

   Code source credit
   Added Pub. L. 109–461, title V, § 502(a)(1), Dec. 22, 2006, 120 Stat. 3431

   Enacted provision · exact public law section
   (1) In general.— Subchapter II of chapter 81 is amended by adding at the end the following new section: “§ 8127. Small business concerns owned and controlled by veterans: contracting goals and preferences “(a) Contracting Goals.— (1) In order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, the Secretary shall— “(A) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans who are not veterans with service-connected disabilities in accordance with paragraph (2); and “(B) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans with service-connected disabilities in accordance with paragraph (3). “(2) The goal for a fiscal year for participation under paragraph (1)(A) shall be determined by the Secretary. “(3) The goal for a fiscal year for participation under paragraph (1)(B) shall be not less than the Government-wide goal for that fiscal year for participation by small business concerns owned and controlled by veterans with service-connected disabilities under section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)). “(4) Review. The Secretary shall establish a review mechanism to ensure that, in the case of a subcontract of a Department contract that is counted for purposes of meeting a goal established pursuant to this section, the subcontract was actually awarded to a business concern that may be counted for purposes of meeting that goal. “(b) Use of Noncompetitive Procedures for Certain Small Contracts.— For purposes of meeting the goals under subsection (a), and in accordance with this section, in entering into a contract with a small business concern owned and controlled by veterans for an amount less than the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a contracting officer of the Department may use procedures other than competitive procedures. “(c) Sole Source Contracts for Contracts Above Simplified Acquisition Threshold.— For purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if— “(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity; “(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and “(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. “(d) Use of Restricted Competition.— Except as provided in subsections (b) and (c), for purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. “(e) Eligibility of Small Business Concerns.— A small business concern may be awarded a contract under this section only if the small business concern and the veteran owner of the small business concern are listed in the database of veteran-owned businesses maintained by the Secretary under subsection (f). “(f) Database of Veteran-Owned Businesses.— (1) Subject to paragraphs (2) through (6), the Secretary shall maintain a database of small business concerns owned and controlled by veterans and the veteran owners of such business concerns. “(2) To be eligible for inclusion in the database, such a veteran shall submit to the Secretary such information as the Secretary may require with respect to the small business concern or the veteran. “(3) Information maintained in the database shall be submitted on a voluntary basis by such veterans. “(4) In maintaining the database, the Secretary shall carry out at least the following two verification functions: “(A) Verification that each small business concern listed in the database is owned and controlled by veterans. “(B) In the case of a veteran who indicates a service-connected disability, verification of the service-disabled status of such veteran. “(5) Notification. The Secretary shall make the database available to all Federal departments and agencies and shall notify each such department and agency of the availability of the database. “(6) If the Secretary determines that the public dissemination of certain types of information maintained in the database is inappropriate, the Secretary shall take such steps as are necessary to maintain such types of information in a secure and confidential manner. “(g) Enforcement Penalties for Misrepresentation.— Any business concern that is determined by the Secretary to have misrepresented the status of that concern as a small business concern owned and controlled by veterans or as a small business concern owned and controlled by service-disabled veterans for purposes of this subsection shall be debarred from contracting with the Department for a reasonable period of time, as determined by the Secretary. “(h) Treatment of Businesses After Death of Veteran-Owner.— (1) Subject to paragraph (3), if the death of a veteran causes a small business concern to be less than 51 percent owned by one or more veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by veterans. “(2) The period referred to in paragraph (1) is the period beginning on the date on which the veteran dies and ending on the earliest of the following dates: “(A) The date on which the surviving spouse remarries. “(B) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. “(C) The date that is ten years after the date of the veteran’s death. “(3) Paragraph (1) only applies to a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability. “(i) Priority for Contracting Preferences.— Preferences for awarding contracts to small business concerns shall be applied in the following order of priority: “(1) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans with service-connected disabilities. “(2) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans that are not covered by paragraph (1). “(3) Contracts awarded pursuant to— “(A) section 8(a) of the Small Business Act (15 U.S.C. 637(a)); or “(B) section 31 of such Act (15 U.S.C. 657a). “(4) Contracts awarded pursuant to any other small business contracting preference. “(j) Annual Reports.— Not later than December 31 each year, the Secretary shall submit to Congress a report on small business contracting during the fiscal year ending in such year. Each report shall include, for the fiscal year covered by such report, the following: “(1) The percentage of the total amount of all contracts awarded by the Department during that fiscal year that were awarded to small business concerns owned and controlled by veterans. “(2) The percentage of the total amount of all such contracts awarded to small business concerns owned and controlled by veterans with service-connected disabilities. “(3) The percentage of the total amount of all contracts awarded by each Administration of the Department during that fiscal year that were awarded to small business concerns owned and controlled by veterans. “(4) The percentage of the total amount of all contracts awarded by each such Administration during that fiscal year that were awarded to small business concerns owned and controlled by veterans with service-connected disabilities. “(k) Definitions.— In this section: “(1) The term ‘small business concern’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). “(2) The term ‘small business concern owned and controlled by veterans’ means a small business concern— “(A) (i) not less than 51 percent of which is owned by one or more veterans or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and “(ii) the management and daily business operations of which are controlled by one or more veterans; or “(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans.” .

2. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 title VIII § 806 · 122 Stat. 4145

   1. Added · 38 U.S.C. § 8127(j)(l)

      Pub. L. 110–389 added subsec. (j)

   2. Redesignated · 38 U.S.C. § 8127(j)(l)

      Pub. L. 110–389 redesignated former subsecs. (j) and (k) as (k) and (l), respectively

   Source evidence

   Code amendment note
   Subsecs. (j) to (l). Pub. L. 110–389 added subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and (l), respectively.

   Enacted provision · exact public law section
   SEC. 806. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL BUSINESS CONCERNS.   Section 8127 38 USC 8127. is amended— (1) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (2) by inserting after subsection (i) the following new subsection (j): “(j) Applicability of Requirements to Contracts.— (1) If after December 31, 2008, the Secretary enters into a contract, memorandum of understanding, agreement, or other arrangement with any governmental entity to acquire goods or services, the Secretary shall include in such contract, memorandum, agreement, or other arrangement a requirement that the entity will comply, to the maximum extent feasible, with the provisions of this section in acquiring such goods or services. “(2) Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided under the Small Business Act (15 U.S.C. 631 et seq.).” .

3. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 § 104(b)(1)(A) · 124 Stat. 2864

   1. Amended · 38 U.S.C. § 8127(f)(2)

      Pub. L. 111–275, § 104(b)(1)(A), designated existing provisions as subpar. (A)

   2. Inserted · 38 U.S.C. § 8127(f)(2)

      Pub. L. 111–275, § 104(b)(1)(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 such personal information maintained by the Secretary as may be necessary to verify the information contained in the application.”

   3. Added · 38 U.S.C. § 8127(f)(2)

      Pub. L. 111–275, § 104(b)(1)(A), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (f)(2). 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 such personal information maintained by the Secretary as may be necessary to verify the information contained in the application.”, and added subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (2)— (i) by inserting “(A)” before “To be eligible”; (ii) by inserting after “or the veteran.” the following new sentence: “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 such personal information maintained by the Secretary as may be necessary to verify the information contained in the application.”; and (iii) by inserting after the sentence added by clause (ii) the following new subparagraph: “(B) If the Secretary receives an application for inclusion in the database from an individual whose status as a veteran cannot be verified because the Secretary does not maintain information with respect to the veteran status of the individual, the Secretary may not include the small business concern owned and controlled by the individual in the database maintained by the Secretary until the Secretary receives such information as may be necessary to verify that the individual is a veteran.” ; and

4. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 § 104(b)(1)(B) · 124 Stat. 2864

   1. Added · 38 U.S.C. § 8127(f)(4)

      Pub. L. 111–275, § 104(b)(1)(B), added par. (4)

   2. Struck · 38 U.S.C. § 8127(f)(4)

      Pub. L. 111–275, § 104(b)(1)(B), 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:

   Source evidence

   Code amendment note
   Subsec. (f)(4). 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:

   “(A) Verification that each small business concern listed in the database is owned and controlled by veterans. “(B) In the case of a veteran who indicates a service-connected disability, verification of the service-disabled status of such veteran.”

   Enacted provision · exact public law section
   (B) by striking paragraph (4) and inserting the following new paragraph (4): “(4) No small business concern may be listed in the database until the Secretary has verified that— “(A) the small business concern is owned and controlled by veterans; and “(B) in the case of a small business concern for which the person who owns and controls the concern indicates that the person is a veteran with a service-connected disability, that the person is a veteran with a service-connected disability.” .

5. 2011

   Pub. L. 111–350 § 5(j)(7) · 124 Stat. 3677

   Substituted · 38 U.S.C. § 8127(b); 38 U.S.C. § 8127(c)(2)

   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)”

   Source evidence

   Code amendment note
   Subsecs. (b), (c)(2). 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)”.

   Enacted provision · exact public law section
   (7) In section 8127— (A) in subsection (b), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”; and (B) in subsection (c)(2), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”.

6. 2012

   Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

   Pub. L. 112–154 · 126 Stat. 1165

   1. Amended · 38 U.S.C. § 8127(g)

      Pub. L. 112–154 designated existing provisions as par. (1)

   2. Inserted · 38 U.S.C. § 8127(g)

      Pub. L. 112–154 inserted “willfully and intentionally” before “misrepresented”

   3. Substituted · 38 U.S.C. § 8127(g)

      Pub. L. 112–154 substituted “a period of not less than five years” for “a reasonable period of time, as determined by the Secretary”

   4. Added · 38 U.S.C. § 8127(g)

      Pub. L. 112–154 added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (g). 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).

7. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 501(a)(2) · 130 Stat. 1536

   Amended · 38 U.S.C. § 8127(h)(2)(C)

   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.”

   Source evidence

   Code amendment note
   Subsec. (h)(2)(C). 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.”

   Enacted provision · exact public law section
   (2) in paragraph (2), by amending subparagraph (C) to read as follows: “(C) The date that— “(i) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran’s death; or “(ii) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is 3 years after the date of the veteran’s death.” .

8. 2016

   Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

   Pub. L. 114–315 § 501(a)(1) · 130 Stat. 1536

   Substituted · 38 U.S.C. § 8127(h)(3)

   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.”

   Source evidence

   Code amendment note
   Subsec. (h)(3). 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.”

   Enacted provision · exact public law section
   (1) in paragraph (3), by striking “rated as” and all that follows through “disability.” and inserting a period; and

9. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1832(b)(2)(A) · 130 Stat. 2000

   Inserted · 38 U.S.C. § 8127(b)

   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”

   Source evidence

   Code amendment note
   Subsec. (b). 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”.

   Enacted provision · exact public law section
   (A) in subsection (b), by inserting “or a small business concern owned and controlled by veterans with service-connected disabilities” after “a small business concern owned and controlled by veterans”;

10. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(2)(B) · 130 Stat. 2000

    Inserted · 38 U.S.C. § 8127(c)

    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

    Source evidence

    Code amendment note
    Subsec. (c). 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.

    Enacted provision · exact public law section
    (B) in subsection (c), by inserting “or a small business concern owned and controlled by veterans with service-connected disabilities” after “a small business concern owned and controlled by veterans”;

11. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(2)(C) · 130 Stat. 2000

    Inserted · 38 U.S.C. § 8127(d)

    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

    Source evidence

    Code amendment note
    Subsec. (d). 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.

    Enacted provision · exact public law section
    (C) in subsection (d) by inserting “or small business concerns owned and controlled by veterans with service-connected disabilities” after “small business concerns owned and controlled by veterans” both places it appears; and

12. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(2)(D) · 130 Stat. 2000

    Inserted · 38 U.S.C. § 8127(f)(1)

    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”

    Source evidence

    Code amendment note
    Subsec. (f)(1). 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”.

    Enacted provision · exact public law section
    (D) in subsection (f)(1), by inserting “, small business concerns owned and controlled by veterans with service-connected disabilities,” after “small business concerns owned and controlled by veterans”.

13. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(d)(1) · 130 Stat. 2000

    Substituted · 38 U.S.C. § 8127(f)(4)

    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 introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f)(4). 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 introductory provisions.

    Enacted provision · exact public law section
    (1) Requirement to use certain small business administration regulations.— Section 8127(f)(4) of title 38, United States Code, is amended by striking “verified” and inserting “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,”.

14. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(d)(2) · 130 Stat. 2000

    Added · 38 U.S.C. § 8127(f)(7)

    Pub. L. 114–328, § 1832(d)(2), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (f)(7). Pub. L. 114–328, § 1832(d)(2), added par. (7).

    Enacted provision · exact public law section
    (2) Prohibition on secretary of veterans affairs issuing certain regulations.— Section 8127(f) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(7) 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.” .

15. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(f)(1) · 130 Stat. 2000

    Added · 38 U.S.C. § 8127(f)(8)

    Pub. L. 114–328, § 1832(f)(1), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (f)(8). Pub. L. 114–328, § 1832(f)(1), added par. (8).

    Enacted provision · exact public law section
    (1) In general.— Section 8127(f) of title 38, United States Code, as amended by this section, is further amended by adding at the end the following new paragraph: “(8) (A) If a small business concern is not included in the database because the Secretary does not verify the status of the concern as a small business concern or the ownership or control of the concern, the concern may appeal the denial of verification to the Office of Hearings and Appeals of the Small Business Administration (as established under section 5(i) of the Small Business Act). The decision of the Office of Hearings and Appeals shall be considered a final agency action. “(B) (i) If an interested party challenges the inclusion in the database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities based on the status of the concern as a small business concern or the ownership or control of the concern, the challenge shall be heard by the Office of Hearings and Appeals of the Small Business Administration as described in subparagraph (A). The decision of the Office of Hearings and Appeals shall be considered final agency action. “(ii) In this subparagraph, the term ‘interested party’ means— “(I) the Secretary; or “(II) in the case of a small business concern that is awarded a contract, the contracting officer of the Department or another small business concern that submitted an offer for the contract that was awarded to the small business concern that is the subject of a challenge made under clause (i). “(C) 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 Appeals of the Small Business Administration for actions taken by the Office under this paragraph. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.” .

16. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(A) · 130 Stat. 2000

    1. Redesignated · 38 U.S.C. § 8127(h)

       Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsec. (i) as (h)

    2. Struck · 38 U.S.C. § 8127(h)

       Pub. L. 114–328, § 1832(b)(1)(A), struck out former subsec. (h) which related to treatment of businesses after death of veteran-owner

    Source evidence

    Code amendment note
    Subsec. (h). 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.

    Enacted provision · exact public law section
    (A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and

17. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(A) · 130 Stat. 2000

    Redesignated · 38 U.S.C. § 8127(i); 38 U.S.C. § 8127(j)

    Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsecs. (j) and (k) as (i) and (j), respectively. Former subsec. (i) redesignated (h)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsecs. (j) and (k) as (i) and (j), respectively. Former subsec. (i) redesignated (h).

    Enacted provision · exact public law section
    (A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and

18. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(A) · 130 Stat. 2000

    Redesignated · 38 U.S.C. § 8127(k)

    Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsec. (l) as (k). Former subsec. (k) redesignated (j)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsec. (l) as (k). Former subsec. (k) redesignated (j).

    Enacted provision · exact public law section
    (A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and

19. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(B)(i) · 130 Stat. 2000

    Amended · 38 U.S.C. § 8127(k)(2)

    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—

    Source evidence

    Code amendment note
    Subsec. (k)(2). 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—

    “(A)(i) not less than 51 percent of which is owned by one or more veterans or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and “(ii) the management and daily business operations of which are controlled by one or more veterans; or “(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans.”

    Enacted provision · exact public law section
    (i) by amending paragraph (2) to read as follows: “(2) The term ‘small business concern owned and controlled by veterans’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).” ; and

20. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(B)(ii) · 130 Stat. 2000

    Added · 38 U.S.C. § 8127(k)(3)

    Pub. L. 114–328, § 1832(b)(1)(B)(ii), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (k)(3). Pub. L. 114–328, § 1832(b)(1)(B)(ii), added par. (3).

    Enacted provision · exact public law section
    (ii) by adding at the end the following new paragraph: “(3) The term ‘small business concern owned and controlled by veterans with service-connected disabilities’ has the meaning given the term ‘small business concern owned and controlled by service-disabled veterans’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).” .

21. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1832(b)(1)(A) · 130 Stat. 2000

    Redesignated · 38 U.S.C. § 8127(l)

    Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsec. (l) as (k)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 114–328, § 1832(b)(1)(A), redesignated subsec. (l) as (k).

    Enacted provision · exact public law section
    (A) by striking subsection (h) and redesignating subsections (i) through (l) as subsections (h) through (k), respectively; and

22. 2020

    Department of Veterans Affairs Contracting Preference Consistency Act of 2020

    Pub. L. 116–155 § 2(b) · 134 Stat. 698

    Substituted · 38 U.S.C. § 8127(b); 38 U.S.C. § 8127(c)

    Pub. L. 116–155, § 2(b), substituted “Except as provided in subsection (d)(2), for purposes” for “For purposes”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 116–155, § 2(b), substituted “Except as provided in subsection (d)(2), for purposes” for “For purposes”.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Such section is further amended in each of subsections (b) and (c), by striking “For” and inserting “Except as provided in subsection (d)(2), for”.

23. 2020

    Department of Veterans Affairs Contracting Preference Consistency Act of 2020

    Pub. L. 116–155 § 2(a) · 134 Stat. 698

    1. Amended · 38 U.S.C. § 8127(d)

       Pub. L. 116–155, § 2(a), designated existing provisions as par. (1)

    2. Inserted · 38 U.S.C. § 8127(d)

       Pub. L. 116–155, § 2(a), inserted “in paragraph (2) and” before “in subsections (b) and (c)”

    3. Added · 38 U.S.C. § 8127(d)

       Pub. L. 116–155, § 2(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). 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).

    Enacted provision · exact public law section
    (a) In General.— Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking “Except” and inserting “(1) Except”; (2) by inserting “in paragraph (2) and” before “in subsections (b) and (c)”; and (3) by adding at the end the following new paragraph: “(2) (A) Notwithstanding paragraph (1) and except as provided by subparagraph (B) of this paragraph, with respect to the procurement of a covered product or service, a contracting officer of the Department shall procure such product or service from a source designated under chapter 85 of title 41, and in accordance with the regulations prescribed under such chapter. “(B) (i) Subject to clause (ii), subparagraph (A) shall not apply in the case of a covered product or service for which a contract was— “(I) awarded under paragraph (1) after December 22, 2006; and “(II) in effect on the day before the date of the enactment of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020. “(ii) Clause (i) shall cease to apply to a covered product or service described in such clause upon a determination of the Secretary that when the current contract for the covered product or service is terminated or expires there is no reasonable expectation that— “(I) two or more small business concerns owned and controlled by veterans will submit offers as described in paragraph (1); and “(II) the award can be made at a fair and reasonable price that offers best value to the United States. “(C) In this paragraph, the term ‘covered product or service’ means— “(i) a product or service that— “(I) is included on the procurement list under section 8503(a) of title 41; and “(II) was included on such procurement list on or before December 22, 2006; or “(ii) a product or service that— “(I) is a replacement for a product or service described under clause (i); “(II) is essentially the same and meeting the same requirement as the product or service being replaced; and “(III) a contracting officer determines meets the quality standards and delivery schedule of the Department.” .

24. 2020

    Protecting Business Opportunities for Veterans Act of 2019

    Pub. L. 116–183 § 2(a) · 134 Stat. 895

    1. Added · 38 U.S.C. § 8127(k); 38 U.S.C. § 8127(l)

       Pub. L. 116–183 added subsec. (k)

    2. Redesignated · 38 U.S.C. § 8127(k); 38 U.S.C. § 8127(l)

       Pub. L. 116–183 redesignated former subsec. (k) as (l)

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 116–183 added subsec. (k) and redesignated former subsec. (k) as (l).

    Enacted provision · exact public law section
    (a) In General.— Section 8127 of title 38, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): “(k) Limitations on Subcontracting.— (1) (A) The requirements applicable to a covered small business concern under section 46 of the Small Business Act (15 U.S.C. 657s) shall apply with respect to a small business concern owned and controlled by veterans that is awarded a contract under this section. “(B) For purposes of applying the requirements of section 46 of the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), the term ‘similarly situated entity’ used in such section 46 includes a subcontractor for a small business concern owned and controlled by veterans described in such subparagraph (A). “(2) The Secretary may award a contract under this section only after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall— “(A) specify the exact performance requirements applicable under such paragraph; and “(B) explicitly acknowledge that the certification is subject to section 1001 of title 18. “(3) (A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition Officer of the Department, established pursuant to section 1702 of title 41, shall jointly implement a process using the systems described in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), and any other relevant systems available, to monitor compliance with this subsection. “(B) The Director of Small and Disadvantaged Business Utilization and the Chief Acquisition Officer shall jointly refer any violations or suspected violations of this subsection to the Inspector General of the Department. “(C) If the Secretary determines, in consultation with the Inspector General of the Department, that a small business concern that is awarded a contract under this section did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to any or all of the following consequences— “(i) referral to the Debarment and Suspension Committee of the Department; “(ii) a fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and “(iii) prosecution for violating section 1001 of title 18. “(D) Not later than November 30 for each of fiscal years 2021 through 2025, the Inspector General shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report— “(i) the number of referred violations and suspected violations received under subparagraph (B); and “(ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.” .

25. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(A) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(e)

    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)”

    Source evidence

    Code amendment note
    Subsec. (e). 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)”.

    Enacted provision · exact public law section
    (A) in subsection (e), by striking “the Secretary under subsection (f)” and inserting “the Administrator under section 36 of the Small Business Act”;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

26. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(2) · 134 Stat. 3388

    Changed · 38 U.S.C. § 8127(f)

    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

    Source evidence

    Code amendment note
    Subsec. (f). 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.

    Enacted provision · exact public law section
    (2) Transfer of requirements relating to database to the small business act.— Effective on the transfer date, subsection (f) of section 8127 of title 38, United States Code (as amended by paragraph (1)), is transferred to section 36 of the Small Business Act (15 U.S.C. 657f), and inserted so as to appear after subsection (e).

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

27. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(i) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(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)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (i) by striking “the Secretary” each place it appears, except in the last place it appears in paragraph (2)(A), and inserting “the Administrator”;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

28. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(ii) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(f)(1)

    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”

    Source evidence

    Code amendment note
    Subsec. (f)(1). 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”.

    Enacted provision · exact public law section
    (ii) in paragraph (1), by striking “small business concerns owned and controlled by veterans with service-connected disabilities” and inserting “small business concerns owned and controlled by service-disabled veterans”;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

29. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(iii)(I) · 134 Stat. 3388

    1. Inserted · 38 U.S.C. § 8127(f)(2)(A)

       Pub. L. 116–283, § 862(b)(1)(B)(iii)(I), inserted “, United States Code,” after “title 5”

    2. Substituted · 38 U.S.C. § 8127(f)(2)(A)

       Pub. L. 116–283, § 862(b)(1)(B)(iii)(I), substituted “to obtain from the Secretary of Veterans Affairs” for “to access”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(A). 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”.

    Enacted provision · exact public law section
    (I) in subparagraph (A)— (aa) by striking “to access” and inserting “to obtain from the Secretary of Veterans Affairs”; and (bb) by inserting “, United States Code,” after “title 5”; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

30. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(iii)(II) · 134 Stat. 3388

    1. Added · 38 U.S.C. § 8127(f)(2)(B); 38 U.S.C. § 8127(f)(2)(C)

       Pub. L. 116–283, § 862(b)(1)(B)(iii)(II), added subpars. (B) and (C)

    2. Struck · 38 U.S.C. § 8127(f)(2)(B); 38 U.S.C. § 8127(f)(2)(C)

       Pub. L. 116–283, § 862(b)(1)(B)(iii)(II), 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 Secretary does not maintain information with respect to the veteran status of the individual, the Secretary may not include the small business concern owned and controlled by the individual in the database maintained by the Secretary until the Secretary receives such information as may be necessary to verify that the individual is a veteran.”

    Source evidence

    Code amendment note
    Subsec. (f)(2)(B), (C). 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 Secretary does not maintain information with respect to the veteran status of the individual, the Secretary may not include the small business concern owned and controlled by the individual in the database maintained by the Secretary until the Secretary receives such information as may be necessary to verify that the individual is a veteran.”

    Enacted provision · exact public law section
    (II) by striking subparagraph (B) and inserting the following: “(B) For purposes of this subsection— “(i) the Secretary of Veterans Affairs shall— “(I) verify an individual’s status as a veteran or a service-disabled veteran; and “(II) establish a system to permit the Administrator to access, but not alter, the verification of such status; and “(ii) the Administrator shall verify— “(I) the status of a business concern as a small business concern; and “(II) the ownership and control of such business concern. “(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).” ;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

31. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(iv) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(f)(3)

    Pub. L. 116–283, § 862(b)(1)(B)(iv), substituted “a veteran described in paragraph (1)” for “such veterans”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 116–283, § 862(b)(1)(B)(iv), substituted “a veteran described in paragraph (1)” for “such veterans”.

    Enacted provision · exact public law section
    (iv) in paragraph (3), by striking “such veterans” and inserting “a veteran described in paragraph (1)”;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

32. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(vii) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(f)(4)

    Pub. L. 116–283, § 862(b)(1)(B)(vii), substituted “The Administrator” for “The Secretary”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 116–283, § 862(b)(1)(B)(vii), substituted “The Administrator” for “The Secretary”.

    Enacted provision · exact public law section
    (vii) in paragraph (4), as so redesignated, by striking “The Secretary” and inserting “The Administrator”; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

33. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(v) · 134 Stat. 3388

    1. Redesignated · 38 U.S.C. § 8127(f)(4)

       Pub. L. 116–283, § 862(b)(1)(B)(v), (vi), redesignated par. (5) as (4)

    2. Struck · 38 U.S.C. § 8127(f)(4)

       Pub. L. 116–283, § 862(b)(1)(B)(v), (vi), struck out former par. (4), which required verification of veteran ownership or control

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (v) by striking paragraphs (4) and (7);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

34. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(vi) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(f)(5)

    Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (6) as (5). Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (6) as (5). Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (vi) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and redesignating paragraph (8) as paragraph (6);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

35. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(vi) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(f)(6)

    Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (8) as (6). Former par. (6) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (f)(6). Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (8) as (6). Former par. (6) redesignated (5).

    Enacted provision · exact public law section
    (vi) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and redesignating paragraph (8) as paragraph (6);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

36. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(viii)(I) · 134 Stat. 3388

    1. Substituted · 38 U.S.C. § 8127(f)(6)(A)

       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 section)” for “verify the status of the concern as a small business concern or the ownership or control of the concern”

    2. Substituted · 38 U.S.C. § 8127(f)(6)(A)

       Pub. L. 116–283, § 862(b)(1)(B)(viii)(I), substituted “certification” for “verification”

    3. Substituted · 38 U.S.C. § 8127(f)(6)(A)

       Pub. L. 116–283, § 862(b)(1)(B)(viii)(I), substituted “the Administration (as established under section 5(i))” for “the Small Business Administration (as established under section 5(i) of the Small Business Act)”

    Source evidence

    Code amendment note
    Subsec. (f)(6)(A). 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 section)” for “verify the status of the concern as a small business concern or the ownership or control of the concern”, “certification” for “verification”, and “the Administration (as established under section 5(i))” for “the Small Business Administration (as established under section 5(i) of the Small Business Act)”.

    Enacted provision · exact public law section
    (I) in subparagraph (A)— (aa) by striking “verify the status of the concern as a small business concern or the ownership or control of the concern” and inserting “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 section)”; (bb) by striking “verification” and inserting “certification”; and (cc) by striking “the Small Business Administration (as established under section 5(i) of the Small Business Act)” and inserting “the Administration (as established under section 5(i))”;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

37. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(viii)(II)(aa) · 134 Stat. 3388

    1. Substituted · 38 U.S.C. § 8127(f)(6)(B)(i)

       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”

    2. Struck · 38 U.S.C. § 8127(f)(6)(B)(i)

       Pub. L. 116–283, § 862(b)(1)(B)(viii)(II)(aa), struck out “of the Small Business Administration” after “Hearings and Appeals”

    Source evidence

    Code amendment note
    Subsec. (f)(6)(B)(i). 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 Administration” after “Hearings and Appeals”.

    Enacted provision · exact public law section
    (aa) in clause (i)— (AA) by striking “small business concern owned and controlled by veterans with service-connected disabilities” and inserting “small business concern owned and controlled by service-disabled veterans”; and (BB) by striking “of the Small Business Administration”; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

38. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(viii)(II)(bb)(AA) · 134 Stat. 3388

    Amended · 38 U.S.C. § 8127(f)(6)(B)(ii)(I)

    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”

    Source evidence

    Code amendment note
    Subsec. (f)(6)(B)(ii)(I). 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”.

    Enacted provision · exact public law section
    (AA) by amending subclause (I) to read as follows: “(I) the Secretary of Veterans Affairs or the Administrator; or” ; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

39. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(viii)(II)(bb)(BB) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 8127(f)(6)(B)(ii)(II)

    Pub. L. 116–283, § 862(b)(1)(B)(viii)(II)(bb)(BB), substituted “the applicable contracting officer” for “the contracting officer of the Department”

    Source evidence

    Code amendment note
    Subsec. (f)(6)(B)(ii)(II). Pub. L. 116–283, § 862(b)(1)(B)(viii)(II)(bb)(BB), substituted “the applicable contracting officer” for “the contracting officer of the Department”.

    Enacted provision · exact public law section
    (BB) in subclause (II), by striking “the contracting officer of the Department” and inserting “the applicable contracting officer”; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

40. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(viii)(III) · 134 Stat. 3388

    Struck · 38 U.S.C. § 8127(f)(6)(C)

    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 Appeals of the Small Business Administration for actions taken by the Office under this paragraph. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.”

    Source evidence

    Code amendment note
    Subsec. (f)(6)(C). 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 Appeals of the Small Business Administration for actions taken by the Office under this paragraph. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.”

    Enacted provision · exact public law section
    (III) by striking subparagraph (C);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

41. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(v) · 134 Stat. 3388

    Struck · 38 U.S.C. § 8127(f)(7)

    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.”

    Source evidence

    Code amendment note
    Subsec. (f)(7). 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.”

    Enacted provision · exact public law section
    (v) by striking paragraphs (4) and (7);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

42. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(B)(vi) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(f)(8)

    Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (8) as (6)

    Source evidence

    Code amendment note
    Subsec. (f)(8). Pub. L. 116–283, § 862(b)(1)(B)(vi), redesignated par. (8) as (6).

    Enacted provision · exact public law section
    (vi) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and redesignating paragraph (8) as paragraph (6);

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

43. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(D) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(k)

    Pub. L. 116–283, § 862(b)(1)(D), added subsec. (k). Former subsec. (k) redesignated (l)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 116–283, § 862(b)(1)(D), added subsec. (k). Former subsec. (k) redesignated (l).

    Enacted provision · exact public law section
    (D) by inserting after subsection (j) (relating to annual reports) the following new subsection: “(k) Annual Transfer for Certification Costs.— For each fiscal year, the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the Administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the Secretary for purposes of this section and section 8128 of this title. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.” ; and

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

44. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(C) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(l)

    Pub. L. 116–283, § 862(b)(1)(C), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 116–283, § 862(b)(1)(C), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).

    Enacted provision · exact public law section
    (C) by redesignating subsections (k) (relating to limitations on subcontracting) and (l) (relating to definitions) as subsections (l) and (m), respectively;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

45. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(E) · 134 Stat. 3388

    1. Added · 38 U.S.C. § 8127(m)

       Pub. L. 116–283, § 862(b)(1)(E), added par. (1)

    2. Redesignated · 38 U.S.C. § 8127(m)

       Pub. L. 116–283, § 862(b)(1)(E), redesignated former pars. (1) to (3) as (2) to (4), respectively

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 116–283, § 862(b)(1)(E), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.

    Enacted provision · exact public law section
    (E) in subsection (m) (relating to definitions), as so redesignated— (i) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (ii) by inserting before paragraph (2), as so redesignated, the following new paragraph: “(1) The term ‘Administrator’ means the Administrator of the Small Business Administration.” .

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

46. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 862(b)(1)(C) · 134 Stat. 3388

    Redesignated · 38 U.S.C. § 8127(m)

    Pub. L. 116–283, § 862(b)(1)(C), redesignated subsec. (l) as (m)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 862(b)(1)(C), redesignated subsec. (l) as (m).

    Enacted provision · exact public law section
    (C) by redesignating subsections (k) (relating to limitations on subcontracting) and (l) (relating to definitions) as subsections (l) and (m), respectively;

    Effective date note
    Pub. L. 116–283, div. A, title VIII, § 862(b)(1), Jan. 1, 2021, 134 Stat. 3776, provided that the amendment made 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.

47. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title VII § 7009 · 134 Stat. 4932

    Substituted · 38 U.S.C. § 8127(k)(3)(A)

    Pub. L. 116–315 substituted “or any other” for “and any other”

    Source evidence

    Code amendment note
    Subsec. (k)(3)(A). Pub. L. 116–315 substituted “or any other” for “and any other”.

    Enacted provision · exact public law section
    SEC. 7009. CLARIFICATION OF METHODS USED TO MONITOR COMPLIANCE WITH CERTAIN LIMITATIONS ON SUBCONTRACTING.   Section 8127(k)(3)(A) of title 38, United States Code, is amended by striking “and any other” and inserting “or any other”.

61 of 65 references resolved to an enrolled provision · 4 partial