2015 US Code
Title 50 - War and National Defense (Sections 1 - 4705)
Chapter 50 - Servicemembers Civil Relief (Sections 3901 - 4043)
Subchapter I - General Provisions (Sections 3911 - 3920)
Sec. 3911 - Definitions
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 50 - SERVICEMEMBERS CIVIL RELIEF SUBCHAPTER I - GENERAL PROVISIONS Sec. 3911 - Definitions |
Contains | section 3911 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Oct. 17, 1940, ch. 888, title I, §101, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2836; amended Pub. L. 108-454, title VII, §701, Dec. 10, 2004, 118 Stat. 3624. |
Statutes at Large References | 54 Stat. 1179 86 Stat. 1098 105 Stat. 38 116 Stat. 2826 117 Stat. 2836 118 Stat. 3624 |
Public and Private Laws | Public Law 92-540, Public Law 102-12, Public Law 107-330, Public Law 108-189, Public Law 108-454 |
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For the purposes of this chapter:
(1) ServicememberThe term "servicemember" means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10.
(2) Military serviceThe term "military service" means—
(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, 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) Period of military serviceThe 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) DependentThe 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) CourtThe 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) StateThe term "State" includes—
(A) a commonwealth, territory, or possession of the United States; and
(B) the District of Columbia.
(7) Secretary concernedThe 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) Motor vehicleThe term "motor vehicle" has the meaning given that term in section 30102(a)(6) of title 49.
(9) JudgmentThe 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; amended Pub. L. 108–454, title VII, §701, Dec. 10, 2004, 118 Stat. 3624.)
CODIFICATIONSection was formerly classified to section 511 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
PRIOR PROVISIONSA 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.
AMENDMENTS2004—Par. (9). Pub. L. 108–454 added par. (9).
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