[Congressional Record Volume 159, Number 165 (Tuesday, November 19, 2013)]
[Senate]
[Page S8193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Burr, Mr. Grassley, Mr. Harkin, 
        and Mr. Kirk):
  S. 1736. 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; to the Committee on Veterans' Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1736

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Support Earned Recognition 
     for Veterans Act'' or the ``SERVe Act''.

     SEC. 2. CLARIFICATION OF VETERAN STATUS.

       (a) Clarification of Definition of Military Service.--
     Section 101 of title 38, United States Code, is amended--
       (1) in paragraph (21)(D), by inserting after ``Naval 
     Academy'' the following: ``(but, except for purposes of 
     chapter 17 of this title in accordance with section 
     107(e)(2), does not include any service performed by a 
     student at a preparatory school of a service academy who is 
     not otherwise a member of the Armed Forces)'';
       (2) in paragraph (22), by inserting before the period at 
     the end the following: `` or, except for purposes of chapter 
     17 of this title in accordance with section 107(e)(2), duty 
     performed by a student at a preparatory school of a service 
     academy who is not otherwise a member of the Armed Forces''; 
     and
       (3) in paragraph (23), by adding after the period at the 
     end the following: ``Except for purposes of chapter 17 of 
     this title in accordance with section 107(e)(2), such term 
     does not include duty performed by a student at a preparatory 
     school of a service academy who is not otherwise a member of 
     the Armed Forces.''.
       (b) Service Deemed Not to Be Active Service.--Section 107 
     of title 38, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(e)(1) Except as provided by paragraph (2), duty 
     performed by a student at a preparatory school of a service 
     academy who is not otherwise a member of the Armed Forces 
     shall not be deemed to have been active military, naval, or 
     air service for the purposes of any of the laws administered 
     by the Secretary, regardless of whether the student was 
     injured or disabled as a result of such duty.
       ``(2) Chapter 17 of this title shall apply to an individual 
     described in paragraph (1) with respect to furnishing 
     hospital care and medical services solely for an injury or 
     disability incurred by the individual as a result of military 
     training related to future active duty service performed as a 
     student during the course of required training at a 
     preparatory school of a service academy. An individual who 
     receives such care and services under this paragraph may not 
     be treated as a veteran for the purposes of any other 
     provision of law solely by reason of receiving such care and 
     services under this paragraph.''.
       (c) Small Business Concerns.--Section 8127(l) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) The term `veteran', in accordance with sections 101 
     and 107 of this title, does not include an individual whose 
     veteran status is based solely on the attendance of the 
     individual as a student at a preparatory school of a service 
     academy, regardless of whether the individual was injured or 
     disabled as a result of duty performed as such a student.''.
       (d) Preference Eligible.--Section 2108 of title 5, United 
     States Code, is amended--
       (1) in paragraph (4)(B), by striking ``; and'' and 
     inserting a semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) an individual whose veteran status is based solely on 
     the attendance of the individual as a student at a 
     preparatory school of a service academy, regardless of 
     whether the individual was injured or disabled as a result of 
     duty performed as such a student, may not be treated as a 
     `veteran', `disabled veteran', or `preference eligible'.''.
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