10 U.S.C. § 9401

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 9401 - Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals

(a) The Secretary of the Air Force may detail members of the Air Force and members of the Space Force as students at such technical, professional, and other civilian educational institutions, or as students, observers, or investigators at such industrial plants, hospitals, and other places, as are best suited to enable them to acquire knowledge or experience in the specialties in which it is considered necessary that they perfect themselves.

(b) An officer, other than one of the Regular Air Force on the active-duty list, or one of the Space Force in a space force active status not on sustained duty, who is detailed under subsection (a) shall be ordered to additional active duty immediately upon termination of the detail, for a period at least as long as the detail. However, if the detail is for 90 days or less, the officer may be ordered to that additional duty only with his consent and in the discretion of the Secretary.

(c) No Reserve of the Air Force or member of the Space Force in a space force active status not on sustained duty may be detailed as a student, observer, or investigator, or ordered to active duty under this section, without the member's consent and, if a member of the Air National Guard of the United States, without the approval of the governor or other appropriate authority of the State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands of whose Air National Guard the Reserve is a member.

(d) The Secretary may require, as a condition of a detail under subsection (a), that an enlisted member accept a discharge and be reenlisted in his component for at least three years.

(e) The total length of details of an enlisted member of the Air Force or the Space Force under subsection (a) during one enlistment period may not exceed 50 percent of that enlistment.

(f) At no time may more than 8 percent of the authorized strength in commissioned officers, 8 percent of the authorized strength in warrant officers, or 2 percent of the authorized strength in enlisted members, of the Regular Air Force or of Space Force members on sustained duty, or more than 8 percent of the actual strength in commissioned officers, 8 percent of the actual strength in warrant officers, or 2 percent of the actual strength in enlisted members, of the total of reserve components of the Air Force or of Space Force members in an active status not on sustained duty, be detailed as students under subsection (a). For the purposes of this subsection, the actual strength of each category of Reserves includes both members on active duty and those not on active duty.

(g) Expenses incident to the detail of members under this section shall be paid from any funds appropriated for the Department of the Air Force.

10 U.S.C. § 9401

Aug. 10, 1956, ch. 1041, 70A Stat. 559, §9301; Pub. L. 93-169, Nov. 29, 1973, 87 Stat. 689; Pub. L. 96-513, title V, §504(23), Dec. 12, 1980, 94 Stat. 2917; Pub. L. 100-456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109-163, div. A, title X, §1057(a)(9), Jan. 6, 2006, 119 Stat. 3441; renumbered §9401, Pub. L. 115-232, div. A, title VIII, §806(a)(3), Aug. 13, 2018, 132 Stat. 1832; Pub. L. 116-283, div. A, title IX, §923(d)(1)(A)-(C), Jan. 1, 2021, 134 Stat. 3813; Pub. L. 117-81, div. A, title X, §1081(a)(35), Dec. 27, 2021, 135 Stat. 1921; Pub. L. 118-31, div. A, title XVII, §1721(b), Dec. 22, 2023, 137 Stat. 666.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9301(a)9301(b)9301(c)9301(d)9301(e)9301(f).9301(g)	5:626q (1st 78 words).5:626q (less 1st 78 words, and less provisos).5:626q (1st proviso).5:626q (words of 2d proviso before semicolon).5:626q (words of 2d proviso after semicolon).5:626q (last proviso).5:626r.	June 3, 1916, ch. 134, §127a (13th par.); added June 4, 1920, ch. 227, subch. I, §51 (13th par.); restated June 8, 1926, ch. 495; May 13, 1941, ch. 113; June 30, 1941, ch. 262 (4th proviso under "Finance Department"); restated June 19, 1948, ch. 501, §1, 62 Stat. 477.
		June 19, 1948, ch. 501, §§2, 3, 62 Stat. 478.

In subsection (a), the words "members of the Air Force" are substituted for the words "personnel of the Air Force of the United States, without regard to component".In subsection (b), the words "is detailed under subsection (a)" are substituted for the words "receives such instruction". The words "as long as the detail" are substituted for the words "equal to the duration of his period of instruction". The words "However, if the detail is for" are substituted for the words "except that where the duration of such training is". The words "other than one of the Regular Air Force on the active list" are inserted, since members of the Regular Air Force on the active list are on continuous active duty. The word "additional" is inserted, since the detail under this section is active duty. The words "the officer may be ordered to that additional duty" are substituted for the words "such subsequent active duty may *** the officer concerned".In subsection (c), the words "of whose Air National Guard he is a member" are substituted for the words "whichever is concerned".In subsection (d), the words "as a condition of a detail under subsection (a)" are substituted for the words "prior to his detail pursuant to the provisions of this paragraph". The words "accept the discharge" are substituted for the words "be discharged".In subsection (e), the words "during an enlistment" are inserted for clarity. In subsection (f), the last sentence is substituted for 5:626q (words within parentheses of last proviso).In subsection (g), the words "under this section" are substituted for 5:626r (9th through 41st words).

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (b). Pub. L. 118-31, §1721(b)(1), struck out "or the Regular Space Force" after "Regular Air Force" and inserted "or one of the Space Force in a space force active status not on sustained duty," after "on the active-duty list,".Subsec. (c). Pub. L. 118-31, §1721(b)(2), substituted "or member of the Space Force in a space force active status not on sustained duty" for "or Reserve of the Space Force" and "the member's consent" for "the Reserve's consent". Subsec. (f). Pub. L. 118-31, §1721(b)(3), substituted "of Space Force members on sustained duty" for "the Regular Space Force" and "of Space Force members in an active status not on sustained duty" for "the Space Force Reserve".2021- Pub. L. 117-81 inserted a comma after "observers" in section catchline.Pub. L. 116-283, §923(d)(1)(C), substituted "Members of Air Force and Space Force: detail as students, observers and investigators at educational institutions, industrial plants, and hospitals" for "Members of Air Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals" in section catchline.Subsec. (a). Pub. L. 116-283, §923(d)(1)(A)(i), inserted "and members of the Space Force" after "members of the Air Force".Subsec. (b). Pub. L. 116-283, §923(d)(1)(A)(ii), inserted "or the Regular Space Force" after "Regular Air Force".Subsec. (c). Pub. L. 116-283, §923(d)(1)(A)(iii), (B), inserted "or Reserve of the Space Force" after "Reserve of the Air Force" and substituted "the Reserve's" for "his" and "the Reserve" for "he".Subsec. (e). Pub. L. 116-283, §923(d)(1)(A)(iv), inserted "or the Space Force" after "Air Force".Subsec. (f). Pub. L. 116-283, §923(d)(1)(A)(v) (II), which directed amendment by inserting "or the Space Force Reserve" after "the reserve components of the Air Force", was executed by making the insertion after "the total of reserve components of the Air Force" to reflect the probable intent of Congress. Pub. L. 116-283, §923(d)(1)(A)(v)(I), inserted "or the Regular Space Force" after "Regular Air Force".2018- Pub. L. 115-232 renumbered section 9301 of this title as this section. 2006-Subsec. (c). Pub. L. 109-163 substituted "State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands" for "State or Territory, Puerto Rico, or the District of Columbia".1988-Subsec. (c). Pub. L. 100-456 struck out "the Canal Zone," after "Puerto Rico,". 1980-Subsec. (b). Pub. L. 96-513 substituted "active-duty list" for "active list".1973-Subsec. (b). Pub. L. 93-169 struck out provisions which limited to four years the maximum period for which an officer detailed for additional active duty upon termination of detail is required to serve.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title.

includes: "includes" means "includes but is not limited to"; and
Air National Guard of the United States: The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
Air National Guard: The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
active status: The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
active-duty list: The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
authorized strength: The term "authorized strength" means the largest number of members authorized to be in an armed force, a component, a branch, a grade, or any other category of the armed forces.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
officer: The term "officer" means a commissioned or warrant officer.
space force active status: The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
sustained duty: The term "sustained duty" means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force-(A) in the case of an officer-(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii) with the consent of the officer; and(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member's enlistment or reenlistment agreement.