    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book I)]
    [January 10, 2002]
    [Pages 46-49]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Department of Defense and Emergency
    Supplemental Appropriations for Recovery from and Response to Terrorist
    Attacks on the United States Act, 2002
    January 10, 2002

        Today I have signed into law H.R. 3338, the ``Department of Defense
    and Emergency Supplemental Appropriations for Recovery from and Response
    to Terrorist Attacks on the United States Act, 2002,'' which provides
    $317.2 billion for national security programs administered by the
    Department of Defense. It also provides $20 billion in emergency
    supplemental funding for the consequences of the September 11th attacks,
    including $3.5 billion for the Department of Defense that is urgently
    needed to prosecute the war on terrorism.

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    The Act provides appropriations for the Nation's defense and
    supplemental appropriations for many agencies for recovery from and
    response to terrorist attacks on the United States. In particular, the
    Act provides the resources needed to continue the war against global
    terrorism, pursue an effective missile defense, properly support members
    of the Armed Forces and their families, and begin to transform our Armed
    Forces to meet the military requirements of the 21st century.
        I appreciate the bipartisan effort that has gone into producing this
    Act. It abides by the agreed-upon aggregate funding level for Fiscal
    Year 2002 of $686 billion and the agreed-upon level enacted in Public
    Law 107-38, the ``2001 Emergency Supplemental Appropriations Act for
    Recovery from and Response to the Terrorists Attacks on the United
    States'' that occurred on September 11, 2001.
        Public Law 107-38--legislation crafted and enacted with strong
    bipartisan cooperation--provided a total of $40 billion in emergency
    funding to the Emergency Response Fund. The $40 billion in emergency
    expenses was provided to assist victims of the attacks and to deal with
    other consequences of the attacks, including the costs of: (1) providing
    Federal, State, and local preparedness for mitigating and responding to
    the attacks; (2) providing support to counter, investigate, or prosecute
    domestic or international terrorism; (3) providing increased
    transportation security; (4) repairing public facilities and
    transportation systems damaged by the attacks; and (5) supporting
    national security. As required by Public Law 107-38, I designated the
    entire $40 billion as an emergency funding requirement. To date, my
    Administration has transferred $19.7 billion of the first $20 billion,
    which was made available to agencies, without requiring any further
    congressional action, to address the immediate needs and consequences of
    the attacks.
        The second $20 billion provided in this Act will continue those
    efforts. The funds in this Act include: $3.5 billion for Department of
    Defense operations; $8.2 billion for New York, Virginia, Maryland, the
    District of Columbia, and Pennsylvania, to help those areas recover from
    the terrorist attacks; and $8.4 billion for homeland security
    activities. I am proud that we worked together with such bipartisan
    spirit in the weeks following the despicable attacks on our Nation. My
    Administration will work together with the Congress to address
    additional needs as they become known during the second session of the
    107th Congress.
        The Act funds the vast majority of my request for critical pay
    raises and other quality of life programs. It supports my commitment to
    improving the quality of life of our military personnel and their
    families by including pay raises of 5 to 15 percent. The Act also funds
    many of my modernization priorities, including conversion of Trident
    submarines to sub-marines that can carry cruise missiles. However,
    because it provides approximately $2 billion less than requested, the
    Act does not adequately fund all my critical priorities, specifically
    the readiness of our forces. The $2 billion reduction is largely
    achieved by cuts to operation and maintenance programs. While a small
    portion of that reduction is offset in dollar terms by congressional
    increases, those increases are for programs of a much lower priority. As
    a result, these cuts will place our military forces in the all too
    familiar predicament of having to choose either to sacrifice near-term
    readiness or to forego critical repair of family housing, defer
    important depot maintenance of our weapon systems, and reduce base
    operations.
        Section 8007 of the Act prohibits use of funds to initiate a special
    access program until 30 calendar days of congressional session have
    elapsed after the executive branch has notified the congressional
    defense committees of initiation of the program. The U.S. Supreme Court
    has stated that the President's authority to classify and

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    control access to information bearing on national security flows from
    the Constitution and does not depend upon a legislative grant of
    authority. Although 30-day advance notice can be provided in most
    situations as a matter of comity, situations may arise, especially in
    wartime, in which the President must promptly establish special access
    controls on classified national security information under his
    constitutional grants of the executive power and authority as Commander
    in Chief of the Armed Forces. The executive branch shall construe
    section 8007 in a manner consistent with the constitutional authority of
    the President.
        Section 8072 of the Act provides that, notwithstanding any other
    provision of law, no funds available to the Department of Defense for
    fiscal year 2002 may be used to transfer defense articles or services,
    other than intelligence services, to another nation or international
    organization for international peacekeeping, peace-enforcement, or
    humanitarian assistance operations, until 15 days after the executive
    branch notifies six committees of Congress of the planned transfer. The
    provision does not affect transfers using funds available to the
    Department of Defense if the recipient is other than a nation or an
    international organization or if the transfer is of intelligence
    services, such as provision of or accommodation procurements for imagery
    intelligence, geospatial information, or cryptological support. The
    provision also does not affect transfers of defense articles or services
    using funds contained in the Act that are available to the Central
    Intelligence Agency rather than the Department of Defense. To the extent
    that protection of the U.S. Armed Forces deployed for international
    peacekeeping, peace-enforcement, or humanitarian assistance operations
    might require action of a kind covered by section 8072 sooner than 15
    days after notification, section 8072 shall be construed in a manner
    consistent with my constitutional duty as Commander in Chief of the
    Armed Forces.
        Provisos in section 8098 of the Act purport to limit during fiscal
    year 2002 the number of Department of Defense military and civilian
    personnel assigned to legislative affairs or legislative liaison
    functions and to mandate the percentage distribution of such personnel
    among various offices of the Department. While limitation of the number
    of Department of Defense personnel assigned to legislative affairs and
    legislative liaison functions is a laudable goal, the executive branch
    shall construe section 8098 in a manner consistent with the President's
    constitutional authority to supervise the executive branch and as
    Commander in Chief of the Armed Forces. In particular, section 8098
    cannot constitutionally restrict the authority of the President to
    control the activities of members of the armed forces, including whether
    and how many members of the Armed Forces assigned to the office of the
    Chairman of the Joint Chiefs of Staff, the combatant commands, or any
    other element of the Department of Defense shall perform legislative
    affairs or legislative liaison functions.
        Section 8173 prohibits the use of appropriated funds for assistance
    or other support to the International Criminal Court (ICC). While
    section 8173 clearly reflects that the Congress agrees with my
    Administration that it is not in the interests of the United States to
    become a party to the ICC treaty, I must note that this provision must
    be applied consistent with my constitutional authority in the area of
    foreign affairs, which, among other things, will enable me to take
    actions to protect U.S. nationals from the purported jurisdiction of the
    treaty.
        Sections 911 and 912 in Division B of the Act provide for assistance
    by executive departments and agencies, including the Armed Forces, to
    the U.S. Capitol Police in the performance of its duties. Safeguarding
    the Congress and its ability to carry out its constitutional role is
    vital to the continuity of our constitutional Government, and the
    executive branch will assist

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    as needed and appropriate. In carrying out these sections, it is
    important to ensure proper respect for the separate constitutional roles
    and authorities of the executive and legislative branches. With the aim
    of ensuring that respect within the executive branch, the Attorney
    General shall serve as the single point of contact within the executive
    branch for requests from the legislative branch, including the U.S.
    Capitol Police, for assistance under sections 911 and 912, and the
    District of Columbia National Guard and Federal law enforcement
    authorities shall enter into an agreement under section 912 only with
    the prior approval of the Attorney General.
        Section 208 of Division B makes a technical correction to subsection
    626(c) of Public Law 107-77 (the FY 2002 Commerce, Justice, State, the
    Judiciary and Related Agencies Appropriations Act), but does nothing to
    alter the effect of that provision or any other provision of law. Since
    the enactment of subsection 626(c) and consistent with it, the executive
    branch has encouraged the courts to act, and will continue to encourage
    the courts to act, in a manner consistent with the obligations of the
    United States under the Algiers Accords that achieved the release of
    U.S. hostages in 1981.

                                                              George W. Bush

     The White House,

     January 10, 2002.

    Note: H.R. 3338, approved January 10, was assigned Public Law No. 107-
    117.