I 

113TH CONGRESS 

1ST SESSION H. R. 3469 

To amend titles 5 and 38, United States Code, to clarify the veteran status 

of an individual based on the attendance of the individual at a preparatory school of a service academy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2013 

Mr. ISSA (for himself, Ms. DUCKWORTH, Mr. BRADY of Pennsylvania, Ms. 

BROWNLEY of California, Mr. CA ́RDENAS, Mr. CICILLINE, Ms. CLARKE, 

Mr. CROWLEY, Mr. DANNY K. DAVIS of Illinois, Mr. ENYART, Mr. AL

GREEN of Texas, Mr. GRIJALVA, Mr. GUTIE ́RREZ, Ms. HANABUSA, Mr. 

NOLAN, Mrs. NAPOLITANO, Mr. MURPHY of Florida, Ms. MENG, Mr. 

MATHESON, Mr. LOWENTHAL, Mr. LEWIS, Mr. LANGEVIN, Mr. KILDEE, 

Ms. KELLY of Illinois, Ms. JACKSON LEE, Mr. HORSFORD, Mr. HONDA, 

Ms. NORTON, Mr. PETERSON, Mr. RANGEL, Ms. SCHAKOWSKY, Mr. 

SCHIFF, Ms. SHEA-PORTER, Ms. SINEMA, Ms. SLAUGHTER, Ms. SPEIER, 

Mr. SWALWELL of California, Mr. TAKANO, Ms. TSONGAS, Mr. SHUSTER, 

Mr. SMITH of Washington, Mr. RIGELL, Mr. LAMALFA, Mr. GRIMM, Mr. 

CRAWFORD, Mr. COOK, Mr. COLE, Mr. BISHOP of Utah, Mr. 

BENTIVOLIO, Mrs. NOEM, Mr. CALVERT, Mr. RODNEY DAVIS of Illinois, 

Mr. RICHMOND, Ms. WATERS, Ms. BORDALLO, Mr. COURTNEY, Mrs. 

WALORSKI, and Mr. CUMMINGS) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs, and in addition to the 

Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend titles 5 and 38, United States Code, to clarify 

the veteran status of an individual based on the attendance of the individual at a preparatory school of a service 

academy, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support Earned Rec5 ognition for Veterans Act’’ or the ‘‘SERV Act’’. 

6 SEC. 2. CLARIFICATION OF VETERAN STATUS. 

7 (a) CLARIFICATION OF DEFINITION OF MILITARY

8 SERVICE.—Section 101 of title 38, United States Code, 

9 is amended— 

10 (1) in paragraph (21)(D), by inserting after 

11 ‘‘Naval Academy’’ the following: ‘‘(but, except for 

12 purposes of chapter 17 of this title in accordance 

13 with section 107(e)(2), does not include any service 

14 performed by a student at a preparatory school of 

15 a service academy who is not otherwise a member of 

16 the Armed Forces)’’; 

17 (2) in paragraph (22), by inserting before the 

18 period at the end the following: ‘‘or, except for pur19 poses of chapter 17 of this title in accordance with 

20 section 107(e)(2), duty performed by a student at a 

21 preparatory school of a service academy who is not 

22 otherwise a member of the Armed Forces’’; and 

23 (3) in paragraph (23), by adding after the pe24 riod at the end the following: ‘‘Except for purposes 

25 of chapter 17 of this title in accordance with section 


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1 107(e)(2), such term does not include duty per2 formed by a student at a preparatory school of a 

3 service academy who is not otherwise a member of 

4 the Armed Forces.’’. 

5 (b) SERVICE DEEMED NOT TO BE ACTIVE SERV6 ICE.—Section 107 of title 38, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e)(1) Except as provided by paragraph (2), duty 

10 performed by a student at a preparatory school of a serv11 ice academy who is not otherwise a member of the Armed 

12 Forces shall not be deemed to have been active military, 

13 naval, or air service for the purposes of any of the laws 

14 administered by the Secretary, regardless of whether the 

15 student was injured or disabled as a result of such duty. 

16 ‘‘(2) Chapter 17 of this title shall apply to an indi17 vidual described in paragraph (1) with respect to fur18 nishing hospital care and medical services solely for an in19 jury or disability incurred by the individual as a result 

20 of military training related to future active duty service 

21 performed as a student during the course of required 

22 training at a preparatory school of a service academy. An 

23 individual who receives such care and services under this 

24 paragraph may not be treated as a veteran for the purVerDate Mar 15 2010 22:21 Nov 14, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3469.IH H3469

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1 poses of any other provision of law solely by reason of re2 ceiving such care and services under this paragraph.’’. 

3 (c) SMALL BUSINESS CONCERNS.—Section 8127(l) 

4 of title 38, United States Code, is amended by adding at 

5 the end the following new paragraph: 

6 ‘‘(3) The term ‘veteran’, in accordance with sec7 tions 101 and 107 of this title, does not include an 

8 individual whose veteran status is based solely on 

9 the attendance of the individual as a student at a 

10 preparatory school of a service academy, regardless 

11 of whether the individual was injured or disabled as 

12 a result of duty performed as such a student.’’. 

13 (d) PREFERENCE ELIGIBLE.—Section 2108 of title 

14 5, United States Code, is amended— 

15 (1) in paragraph (4)(B), by striking ‘‘; and’’ 

16 and inserting a semicolon; 

17 (2) in paragraph (5), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) an individual whose veteran status is based 

22 solely on the attendance of the individual as a stu23 dent at a preparatory school of a service academy, 

24 regardless of whether the individual was injured or 

25 disabled as a result of duty performed as such a stuVerDate Mar 15 2010 22:21 Nov 14, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3469.IH H3469

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1 dent, may not be treated as a ‘veteran’, ‘disabled 

2 veteran’, or ‘preference eligible’.’’. 

Æ 


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