§3911 — Title 50 War and National Defense | U.S. Code

Summary

Defines the main words used in the chapter. "Servicemember" means a member of the uniformed services (see 10 U.S.C. 101(a)(5)). "Military service" covers active duty for Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard (see 10 U.S.C. 101(d)(1)); it also includes certain National Guard duty if called for more than 30 consecutive days under 32 U.S.C. 502(f) for a presidentially declared national emergency with federal funds, active service for commissioned officers of the Public Health Service or NOAA, and any time a servicemember is absent from duty for sickness, wounds, leave, or other lawful reasons. "Period of military service" runs from the date a servicemember enters service until release or death while in service. "Dependent" means a spouse, a child (see 38 U.S.C. 101(4)), or someone the servicemember supported more than one-half for the 180 days immediately before applying for relief. "Court" includes any U.S. or State court or administrative agency, including local government bodies. "State" includes commonwealths, territories, possessions, and the District of Columbia. "Secretary concerned" means the official named in 10 U.S.C. 101(a)(9) for armed forces members, the Secretary of Health and Human Services for PHS officers, and the Secretary of Commerce for NOAA officers. "Motor vehicle" has the meaning in 49 U.S.C. 30102(a)(6). "Judgment" means any judgment, decree, order, or ruling, whether final or temporary.

Title 50, §3911

War and National Defense — Source: USLM XML via OLRC

For the purposes of this chapter:

(1)The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10.

(2)The term “military service” means—

(A)in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine 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 National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared 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 Atmospheric Administration, active service; and

(C)any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.

(3)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 service or dies while in military service.

(4)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 immediately preceding an application for relief under this chapter.

(5)The term “court” means a court or an administrative agency of the United States or of any State (including any political subdivision of a State), whether or not a court or administrative agency of record.

(6)The term “State” includes—

(A)a commonwealth, territory, or possession of the United States; and

(B)the District of Columbia.

(7)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 Secretary 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)The term “motor vehicle” has the meaning given that term in section 30102(a)(6) of title 49.11 See References in Text note below.

(9)The term “judgment” means any judgment, decree, order, or ruling, final or temporary.

Notes & Related Subsidiaries

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 reclassification 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 amendment 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 provisions. 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.

§3911 Definitions