50 U.S.C. § 3912 — Jurisdiction and applicability of chapter

Page 987 TITLE 50—WAR AND NATIONAL DEFENSE § 3912 1 See References in Text note below. SUBCHAPTER I—GENERAL PROVISIONS § 3911. Definitions For the purposes of this chapter: (1) Servicemember The term ‘‘servicemember’’ means a member of the uniformed services, as that term is de- fined in section 101(a)(5) of title 10. (2) Military service The term ‘‘military service’’ means— (A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Ma- rine Corps, Space Force, or Coast Guard— (i) active duty, as defined in section 101(d)(1) of title 10, and (ii) in the case of a member of the Na- tional Guard, includes service under a call to active service authorized by the Presi- dent or the Secretary of Defense for a pe- riod of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency de- clared by the President and supported by Federal funds; (B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmos- pheric Administration, active service; and (C) any period during which a servicemember is absent from duty on ac- count of sickness, wounds, leave, or other lawful cause. (3) Period of military service The term ‘‘period of military service’’ means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military serv- ice or dies while in military service. (4) Dependent The term ‘‘dependent’’, with respect to a servicemember, means— (A) the servicemember’s spouse; (B) the servicemember’s child (as defined in section 101(4) of title 38); or (C) an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days im- mediately preceding an application for relief under this chapter. (5) Court The term ‘‘court’’ means a court or an ad- ministrative agency of the United States or of any State (including any political subdivision of a State), whether or not a court or adminis- trative agency of record. (6) State The term ‘‘State’’ includes— (A) a commonwealth, territory, or posses- sion of the United States; and (B) the District of Columbia. (7) Secretary concerned The term ‘‘Secretary concerned’’— (A) with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10; (B) with respect to a commissioned officer of the Public Health Service, means the Sec- retary of Health and Human Services; and (C) with respect to a commissioned officer of the National Oceanic and Atmospheric Administration, means the Secretary of Commerce. (8) Motor vehicle The term ‘‘motor vehicle’’ has the meaning given that term in section 30102(a)(6) of title 49.1 (9) Judgment The term ‘‘judgment’’ means any judgment, decree, order, or ruling, final or temporary. (Oct. 17, 1940, ch. 888, title I, § 101, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2836; amend- ed Pub. L. 108–454, title VII, § 701, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 118–31, div. A, title XVII, § 1742(c)(1), Dec. 22, 2023, 137 Stat. 681.) Editorial Notes REFERENCES IN TEXT Section 30102(a)(6) of title 49, referred to in par. (8), was redesignated section 30102(a)(7) of title 49 by Pub. L. 114–94, div. B, title XXIV, § 24109(b)(2), Dec. 4, 2015, 129 Stat. 1706. CODIFICATION Section was formerly classified to section 511 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 101 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Pub. L. 92–540, title V, § 504(1), Oct. 24, 1972, 86 Stat. 1098; Pub. L. 102–12, § 9(1), Mar. 18, 1991, 105 Stat. 38; Pub. L. 107–330, title III, § 305, Dec. 6, 2002, 116 Stat. 2826, related to definitions, prior to the general amend- ment of this Act by Pub. L. 108–189. AMENDMENTS 2023—Par. (2)(A). Pub. L. 118–31 inserted ‘‘Space Force,’’ after ‘‘Marine Corps,’’ in introductory provi- sions. 2004—Par. (9). Pub. L. 108–454 added par. (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3912. Jurisdiction and applicability of chapter (a) Jurisdiction This chapter applies to— (1) the United States; (2) each of the States, including the political subdivisions thereof; and (3) all territory subject to the jurisdiction of the United States. (b) Applicability to proceedings This chapter applies to any judicial or admin- istrative proceeding commenced in any court or agency in any jurisdiction subject to this chap- ter. This chapter does not apply to criminal pro- ceedings. Page 988 TITLE 50—WAR AND NATIONAL DEFENSE § 3913 (c) Court in which application may be made When under this chapter any application is re- quired to be made to a court in which no pro- ceeding has already been commenced with re- spect to the matter, such application may be made to any court which would otherwise have jurisdiction over the matter. (Oct. 17, 1940, ch. 888, title I, § 102, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2837.) Editorial Notes CODIFICATION Section was formerly classified to section 512 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 102 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Pub. L. 102–12, § 9(2), Mar. 18, 1991, 105 Stat. 39, related to territorial application, jurisdiction of courts, and form of procedure, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3913. Protection of persons secondarily liable (a) Extension of protection when actions stayed, postponed, or suspended Whenever pursuant to this chapter a court stays, postpones, or suspends (1) the enforce- ment of an obligation or liability, (2) the pros- ecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or de- cree, or (4) the performance of any other act, the court may likewise grant such a stay, postpone- ment, or suspension to a surety, guarantor, en- dorser, accommodation maker, comaker, or other person who is or may be primarily or sec- ondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended. (b) Vacation or set-aside of judgments When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chap- ter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the con- tract or liability for the enforcement of the judgment or decree. (c) Bail bond not to be enforced during period of military service A court may not enforce a bail bond during the period of military service of the principal on the bond when military service prevents the sur- ety from obtaining the attendance of the prin- cipal. The court may discharge the surety and exonerate the bail, in accordance with principles of equity and justice, during or after the period of military service of the principal. (d) Waiver of rights (1) Waivers not precluded This chapter does not prevent a waiver in writing by a surety, guarantor, endorser, ac- commodation maker, comaker, or other per- son (whether primarily or secondarily liable on an obligation or liability) of the protec- tions provided under subsections (a) and (b). Any such waiver is effective only if it is exe- cuted as an instrument separate from the obli- gation or liability with respect to which it ap- plies. (2) Waiver invalidated upon entrance to mili- tary service If a waiver under paragraph (1) is executed by an individual who after the execution of the waiver enters military service, or by a de- pendent of an individual who after the execu- tion of the waiver enters military service, the waiver is not valid after the beginning of the period of such military service unless the waiver was executed by such individual or de- pendent during the period specified in section 3917 of this title. (Oct. 17, 1940, ch. 888, title I, § 103, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2838.) Editorial Notes CODIFICATION Section was formerly classified to section 513 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 103 of acts Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Oct. 6, 1942, ch. 581, §§ 2, 3, 56 Stat. 769; Pub. L. 102–12, § 9(3), Mar. 18, 1991, 105 Stat. 39, related to protection of persons secondarily liable, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3914. Extension of protections to citizens serv- ing with allied forces A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this chapter if that service with the allied force is similar to military service as defined in this chapter. The relief and protections provided to such citizen shall terminate on the date of discharge or re- lease from such service. (Oct. 17, 1940, ch. 888, title I, § 104, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.) Editorial Notes CODIFICATION Section was formerly classified to section 514 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 104 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to extension of benefits to citizens serving with forces of war allies, prior to the general amendment of this Act by Pub. L. 108–189.