Title 10, Armed ForcesRelease 119-110

§120 Department of Defense Executive Aircraft Controlled by Secretaries of Military Departments

Title 10 › Subtitle A — General Military Law › PART I — ORGANIZATION AND GENERAL MILITARY POWERS › CHAPTER 2 — DEPARTMENT OF DEFENSE › § 120

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must give the Chief of the Air Force Special Air Mission Office the job of coordinating the schedules for all Department of Defense executive aircraft that the military department Secretaries control. Each military department Secretary must sign a memorandum of understanding with that Air Force office within 180 days about who oversees and manages those aircraft. The Secretary of Defense must create rules to decide who gets priority to use the aircraft. The Secretary of Defense must also name a career Senior Executive Service appointee (as defined in 5 U.S.C. 3132(a)) to run day-to-day coordination, make sure rules are followed, and who knows about executive aircraft and how to prioritize users. Each military department Secretary keeps final authority to schedule their own required use travelers. If a department’s executive aircraft are not needed for its required travelers, those planes must be made available for other required use travelers. The Secretary of Defense may not set up a new command-and-control organization for the aircraft. No executive aircraft may be permanently based somewhere without a required use traveler unless the Secretary of Defense approves. The terms “required use traveler” and “executive aircraft” mean what the Department of Defense directives defined on the law’s enactment date.

Full Legal Text

Title 10, §120

Armed Forces, Source: USLM XML via OLRC

(a)In General.—
The Secretary of Defense shall ensure that the Chief of the Air Force Special Air Mission Office is given the responsibility for coordination of scheduling all Department of Defense executive aircraft controlled by the Secretaries of the military departments in order to support required use travelers.
(b)Responsibilities.—
(1)Not later than 180 days after the date of the enactment of this section, the Secretary of each of the military departments shall execute a memorandum of understanding with the Air Force Special Air Mission Office regarding oversight and management of executive aircraft controlled by that military department.
(2)The Secretary of Defense shall establish standards for prioritizing access to executive aircraft controlled by the Secretaries of the military departments among authorized users of such aircraft within the Federal Government.
(3)The Secretary of Defense shall assign a career appointee (as that term is defined in section 3132(a) of title 5) in the Senior Executive Service of the Department of Defense to coordinate the efficient tasking of executive aircraft controlled by the Secretaries of the military departments and compliance with rules, regulations, policies, and guidance relating to such aircraft, including the standards established under paragraph (2). The career appointee shall, as determined by the Secretary of Defense, have knowledge and experience relating to executive aircraft, including familiarity with the executive aircraft fleets controlled by the Secretaries of the military departments and procedures for the prioritization of executive aircraft users.
(4)The Secretary of a military department shall maintain overall authority for scheduling the required use travelers of that military department on executive aircraft controlled by the Secretary. When an executive aircraft controlled by the Secretary of a military department is not supporting required use travelers of that military department, the Secretary of the military department shall make such executive aircraft available for scheduling of other required use travelers.
(c)Limitations.—
(1)The Secretary of Defense may not establish a new command and control organization to support aircraft.
(2)No executive aircraft controlled by the Secretary of a military department may be permanently stationed at any location without a required use traveler without the approval of the Secretary of Defense.
(d)Definitions.—
In this section: (1)
(2)The term “executive aircraft” has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsecs. (b) and (d), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

Amendments

2025—Subsec. (b)(2) to (4). Pub. L. 119–60 added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “The Secretary of Defense shall be responsible for prioritizing travel when requests exceed available executive airlift capability.”

Statutory Notes and Related Subsidiaries

Timelines Pub. L. 119–60, div. A, title I, § 161(b)(2), Dec. 18, 2025, 139 Stat. 768, provided that: “The Secretary of Defense shall— “(A) establish the standards required by paragraph (2) of such section 120(b) (as amended by this section) not later than
December 1, 2025; and “(B) assign the career appointee required by paragraph (3) of such section 120(b) (as amended by this section) not later than
January 1, 2026.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 120

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110