
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4301]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART III--TRAINING
 
                     CHAPTER 401--TRAINING GENERALLY
 
Sec. 4301. Members of Army: detail as students, observers, and 
        investigators at educational institutions, industrial plants, 
        and hospitals
        
    (a) The Secretary of the Army may detail members of the Army 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 Army on the active-
duty list, 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 Army may be detailed as a student, observer, 
or investigator, or ordered to active duty under this section, without 
his consent and, if a member of the Army National Guard of the United 
States, without the approval of the governor or other appropriate 
authority of the State or Territory, Puerto Rico, or the District of 
Columbia of whose Army National Guard he 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 Army 
under subsection (a) during one enlistment 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 Army, 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 Army, 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 
Army.

(Aug. 10, 1956, ch. 1041, 70A Stat. 234; Pub. L. 93-169, Nov. 29, 1973, 
87 Stat. 689; Pub. L. 96-513, title V, Sec. 502(23), Dec. 12, 1980, 94 
Stat. 2910; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept. 
29, 1988, 102 Stat. 2059.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4301(a)...............................  10:535 (1st 75 words).               Ju
ne 3, 1916, ch. 134, Sec.  127a
4301(b)...............................  10:535 (less 1st 75 words, and less   (
13th par.); added June 4, 1920,
                                         provisos).                           c
h. 227, subch. I, Sec.  51 (13th
4301(c)...............................  10:535 (1st proviso).                 p
ar.); restated June 8, 1926, ch.
4301(d)...............................  10:535 (words of 2d proviso before    4
95; May 13, 1941, ch. 113; June
                                         semicolon).                          3
0, 1941, ch. 262 (4th proviso
4301(e)...............................  10:535 (words of 2d proviso after     u
nder ``Finance Department'');
                                         semicolon).                          r
estated June 19, 1948, ch. 501,
4301(f)...............................  10:535 (last proviso).                S
ec.  1, 62 Stat. 477.
4301(g)...............................  10:535a.
                                        ...................................  Ju
ne 19, 1948, ch. 501, Sec.  2, 62
                                                                              S
tat. 478.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``members of the Army'' are substituted 
for the words ``personnel of the Army 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 Army on the active list'' are inserted, since members of the 
Regular Army 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 Army 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 a 
discharge'' are substituted for the words ``be discharged''.
    In subsection (e), the words ``during one enlistment'' are inserted 
for clarity.
    In subsection (f), the last sentence is substituted for 10:535 
(words within parentheses of last proviso).
    In subsection (g), the words ``under this section'' are substituted 
for 10:535a (9th through 41st words).


                               Amendments

    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'' in first sentence.
    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.


                    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.


    Detail of Personnel of All Components of Army During World War II

    Act Feb. 6, 1942, ch. 40, 56 Stat. 50, as amended by act Mar. 6, 
1943, ch. 13, 57 Stat. 14, provided for the detail of all components of 
the Army during World War II.
