The Secretary of Defense, in carrying out the functions described in this section, may use such elements of the Department of Defense as may be appropriate for the execution of those functions, in addition to, or in lieu of, the elements identified in this section.
50 U.S. Code § 3038. Responsibilities of Secretary of Defense pertaining to National Intelligence Program
Section was formerly classified to section 403–5 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.
2016—Subsec. (c)(2), (4). Pub. L. 114–328 inserted “, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives” after “committees” wherever appearing.
Subsecs. (c), (d). Pub. L. 112–18, § 411(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (a)(2). Pub. L. 108–458, § 1074(b)(1)(B)(i), substituted “National Intelligence Program” for “National Foreign Intelligence Program”.
Subsec. (a)(3). Pub. L. 108–458, § 1074(b)(1)(B)(i), substituted “National Intelligence Program” for “National Foreign Intelligence Program”.
Subsec. (b). Pub. L. 108–458, § 1072(a)(3), substituted “403 and 403–1” for “403–3 and 403–4” in introductory provisions.
2002—Subsec. (d). Pub. L. 107–306 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Director of Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit each year to the Committee on Foreign Intelligence of the National Security Council and the appropriate congressional committees (as defined in section 404d(c) of this title) an evaluation of the performance and the responsiveness of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency in meeting their national missions.”
Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “through the Central Imagery Office (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients;”.
Subsec. (d). Pub. L. 104–293, § 808(2), added subsec. (d).
1994—Subsec. (b)(2). Pub. L. 103–359 substituted “the Central Imagery Office” for “a central imagery authority”.
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]
 So in original. Probably should be capitalized.