[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.