Title 10 — Armed ForcesRelease 119-73
§9401 Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART III— - TRAINING › Chapter CHAPTER 951— - TRAINING GENERALLY › § 9401
Summary
The Secretary of the Air Force may send Air Force and Space Force members to civilian schools or to industrial plants, hospitals, and similar places as students, observers, or investigators so they can learn needed specialties. Officers who are not Regular Air Force on the active‑duty list, or Space Force members not on sustained duty, must be ordered to extra active duty after the assignment for at least the same length as the assignment. If the assignment is 90 days or less, that extra active duty can happen only with the officer’s consent and the Secretary’s agreement. Reserves and Space Force members not on sustained duty must give consent, and Air National Guard members also need their governor’s (or similar authority’s) approval. The Secretary can require an enlisted member to be discharged and re‑enlisted for at least three years to take a detail. Details during one enlistment may not exceed 50% of that enlistment. At no time may more than 8% of commissioned officers, 8% of warrant officers, or 2% of enlisted members be detailed in the Regular or sustained‑duty force (by authorized strength) or in the reserve/active‑not‑sustained force (by actual strength). Actual strength counts members both on and off active duty. Costs are paid from money appropriated for the Department of the Air Force.
Full Legal Text
Title 10, §9401
Armed Forces — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (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
Amendments
2023—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 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9401
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73