Department of Defense executive aircraft controlled by Secretaries of military departments

10 U.S.C. § 120

• Title: 10 — Armed Forces
• Chapter: 2 — DEPARTMENT OF DEFENSE

Text

(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) The term "required use traveler" has the meaning given such term in Department of Defense directive 4500.56, as in effect on the date of the enactment of this section.
(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.

History

(Added Pub. L. 116–92, div. A, title X, §1051(a), Dec. 20, 2019, 133 Stat. 1590; amended Pub. L. 119–60, div. A, title I, §161(b)(1), Dec. 18, 2025, 139 Stat. 767.)

Editorial Notes

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."

Editorial Notes

Amendments
2025—Pub. L. 119–60, div. A, title X, §1061(a), title XVI, §1622(a), Dec. 18, 2025, 139 Stat. 1045, 1182, added item 130g relating to oversight of sensitive activities of the Department of Defense and item 130g relating to notification requirements for waivers issued under Department of Defense guidance related to autonomy in weapon systems. Amendments were made pursuant to operation of section 102 of this title.
2024—Pub. L. 118–159, div. A, title XVI, §1649(b)(1), Dec. 23, 2024, 138 Stat. 2199, struck out item 130h "Prohibitions relating to missile defense information and systems". Amendment was made pursuant to operation of section 102 of this title.
2023—Pub. L. 118–31, div. A, title XII, §§1201(b), 1221(b), Dec. 22, 2023, 137 Stat. 441, 453, added items 127d and 127f and struck out former item 127f "Expenditure of funds for clandestine activities that support operational preparation of the environment".
2022—Pub. L. 117–263, div. A, title X, §1042(b), Dec. 23, 2022, 136 Stat. 2770, added item 130a.
2021—Pub. L. 116–283, div. A, title IX, §911(a)(2), title X, §1052(b), Jan. 1, 2021, 134 Stat. 3801, 3850, added items 125a and 127f.
2018—Pub. L. 115–232, div. A, title X, §1081(a)(2), title XVI, §1631(c)(1), Aug. 13, 2018, 132 Stat. 1983, 2123, struck out item 130g "Authorities concerning military cyber operations" and made technical correction to and struck out items 130j "Notification requirements for sensitive military cyber operations" and 130k "Notification requirements for cyber weapons".
2017—Pub. L. 115–91, div. A, title XVI, §1631(b), Dec. 12, 2017, 131 Stat. 1738, added items 130j and 130k.
2016—Pub. L. 114–328, div. A, title X, §1036(f)(2), title XI, §1101(b)(2), title XII, §§1203(a)(2), 1245(b), title XVI, §§1662(a)(3), 1682(a)(2), 1697(b), Dec. 23, 2016, 130 Stat. 2392, 2444, 2476, 2520, 2614, 2624, 2640, added items 127e, 128, 130f, 130h, and 130i, substituted "Civilian personnel management" for "Prohibition of certain civilian personnel management constraints" in item 129, and struck out former items 127d "Allied forces participating in combined operations: authority to provide logistic support, supplies, and services", 128 "Physical protection of special nuclear material: limitation on dissemination of unclassified information", 130f "Congressional notification of sensitive military operations", and 130h "Prohibitions on providing certain missile defense information to Russian Federation".
2015—Pub. L. 114–92, div. A, title X, §1042(d)(2), title XVI, §§1642(b), 1671(a)(2), Nov. 25, 2015, 129 Stat. 977, 1116, 1130, added items 130g and 130h and substituted "Department of Defense rewards program" for "Assistance in combating terrorism: rewards" in item 127b.
2014—Pub. L. 113–291, div. A, title X, §1071(f)(2), Dec. 19, 2014, 128 Stat. 3510, substituted "Treatment under Freedom of Information Act of certain critical infrastructure security information" for "Treatment under Freedom of Information Act of critical infrastructure security information" in item 130e and "Congressional notification of sensitive military operations" for "Congressional notification regarding sensitive military operations" in item 130f.
2013—Pub. L. 113–66, div. A, title X, §§1041(a)(2), 1091(a)(2), Dec. 26, 2013, 127 Stat. 857, 875, added item 130f and substituted "Treatment under Freedom of Information Act of critical infrastructure security information" for "Treatment under Freedom of Information Act of certain critical infrastructure security information" in item 130e.
2011—Pub. L. 112–81, div. A, title VIII, §802(a)(2), title IX, §931(b), title X, §1091(b), Dec. 31, 2011, 125 Stat. 1485, 1543, 1605, added items 129d and 130e and substituted "General policy for total force management" for "General personnel policy" in item 129a.
Pub. L. 111–383, div. A, title X, §1061(a)(2), Jan. 7, 2011, 124 Stat. 4362, added item 122a.
2008—Pub. L. 110–417, [div. A], title IV, §416(c)(2), Oct. 14, 2008, 122 Stat. 4430, substituted "Suspension of end-strength and other strength limitations in time of war or national emergency" for "Suspension of end-strength limitations in time of war or national emergency" in item 123a.
Pub. L. 110–181, div. A, title X, §1063(a)(1)(B), Jan. 28, 2008, 122 Stat. 321, which directed amendment of chapter 3 of title 10 "by revising the table of sections at the beginning of such chapter to reflect the redesignation and transfer made by paragraph (1)", was executed to reflect the probable intent of Congress by amending the analysis to this chapter to reflect the redesignation and transfer made by section 1063(a)(1)(A) of Pub. L. 110–181, which redesignated the section 127c relating to allied forces participating in combined operations as 127d, and transferred it so as to appear immediately after section 127c relating to purchase of weapons overseas.
Pub. L. 110–181, div. A, title IX, §901(a)(2), Jan. 28, 2008, 122 Stat. 272, struck out item 130a "Major Department of Defense headquarters activities personnel: limitation".
2006—Pub. L. 109–364, div. A, title XII, §1201(b), title XIV, §1405(b), Oct. 17, 2006, 120 Stat. 2412, 2436, added items 127c, relating to allied forces participating in combined operations, and 130d.
Pub. L. 109–163, div. A, title XII, §1231(b), Jan. 6, 2006, 119 Stat. 3468, added item 127c relating to purchase of weapons overseas.
2003—Pub. L. 108–136, div. A, title VIII, §841(b)(2), Nov. 24, 2003, 117 Stat. 1552, substituted "Authority to procure personal services" for "Experts and consultants: authority to procure services of" in item 129b.
2002—Pub. L. 107–314, div. A, title X, §1065(b), Dec. 2, 2002, 116 Stat. 2656, added item 127b.
2000—Pub. L. 106–398, §1 [[div. A], title X, §1073(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–280, added item 130c.
1999—Pub. L. 106–65, div. A, title IX, §921(a)(2), title X, §1044(b), Oct. 5, 1999, 113 Stat. 723, 762, substituted "Major Department of Defense headquarters activities personnel: limitation" for "Management headquarters and headquarters support activities personnel: limitation" in item 130a and added item 130b.
1997—Pub. L. 105–85, div. A, title IX, §911(a)(2), Nov. 18, 1997, 111 Stat. 1858, added item 130a.
1996—Pub. L. 104–106, div. A, title XV, §1504(a)(8), Feb. 10, 1996, 110 Stat. 513, made technical correction to directory language of Pub. L. 103–337, §1312(a)(2). See 1994 Amendment note below.
Pub. L. 104–106, div. A, title V, §564(a)(2), title X, §1003(a)(2), Feb. 10, 1996, 110 Stat. 326, 417, substituted "Operations for which funds are not provided in advance: funding mechanisms" for "Expenses for contingency operations" in item 127a and added item 129c.
1994—Pub. L. 103–337, div. A, title XVI, §1671(b)(2), Oct. 5, 1994, 108 Stat. 3013, added item 123 and struck out former item 123 "Suspension of certain provisions of law relating to reserve commissioned officers".
Pub. L. 103–337, div. A, title XIII, §1312(a)(2), Oct. 5, 1994, 108 Stat. 2894, as amended by Pub. L. 104–106, div. A, title XV, §1504(a)(8), Feb. 10, 1996, 110 Stat. 513, added item 123b.
1993—Pub. L. 103–160, div. A, title XI, §1108(a)(2), Nov. 30, 1993, 107 Stat. 1752, added item 127a.
1990—Pub. L. 101–510, div. A, title XIV, §§1481(b)(2), 1483(c)(2), Nov. 5, 1990, 104 Stat. 1705, 1715, added items 123a, 129a, and 129b.
1989—Pub. L. 101–189, div. A, title XII, §1202(a)(2), Nov. 29, 1989, 103 Stat. 1563, added item 124.
1987—Pub. L. 100–180, div. A, title XI, §1123(b), Dec. 4, 1987, 101 Stat. 1150, added item 128.
Pub. L. 100–26, §9(b)(1), Apr. 21, 1987, 101 Stat. 287, struck out item 128 "Funds transfers for foreign cryptologic support".
1986—Pub. L. 99–433, title I, §110(c)(2), (e)(1), title II, §211(c)(2), Oct. 1, 1986, 100 Stat. 1002, 1003, 1017, inserted "and Functions" after "General Powers" in chapter heading, struck out item 124 "Combatant commands: establishment; composition; functions; administration and support", and added items 127 to 130.
1962—Pub. L. 87–651, title II, §201(b), Sept. 7, 1962, 76 Stat. 517, added items 124 to 126.
1958—Pub. L. 85–861, §1(2)(B), Sept. 2, 1958, 72 Stat. 1437, added items 122 and 123.