50 U.S.C. § 3911 — Definitions

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.