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Servicemembers Civil Relief Act (SCRA)
Section 101 - Definitions
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For the purposes of this Act:

(1) SERVICEMEMBER- The term `servicemember' means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code.

(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, Marine Corps, or Coast Guard--

(i) active duty, as defined in section 101(d)(1) of title 10, United States Code, 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, United States Code, 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 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 service 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, United States Code); 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 Act.

(5) COURT- 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) STATE- The term `State' includes--

(A) a commonwealth, territory, or possession 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, United States Code;

(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 VEHICLE- The term `motor vehicle' has the meaning given that term in section 30102(a)(6) of title 49, United States Code.

Next page > Section 102 - Jurisdiction and applicability of Act

 

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