Incidently, as shown in this article, the US would have violated the 1972 Anti-Ballistic Missile treaty. Thankfully for those who were opposed to said treaty, 911 happened 2 months after this article and gave the US justification to leave said treaty so it didnt violate it.
U.S. Plans to Test Space-Based Laser To Intercept Missiles By Vernon Loeb July 18, 2001
So you can see the US would have violated the ABM treaty withing months. Bush was able to declare US intention of leaving the treaty (Dec 13th, 2001) because of the events on 911. Thus he was able to use that 110m earmarked for 2002 in the second half of 2002 after the treaty officially ended (June 13th, 2002). It just so happens SpaceX began operations June 2002 coinciding with the official ending of the treaty.