    [Public Papers of the Presidents of the United States: George W. Bush (2001, Book II)]
    [December 28, 2001]
    [Pages 1553-1554]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the National Defense Authorization Act for Fiscal
    Year 2002
    December 28, 2001

        I have today signed into law S. 1438, the ``National Defense
    Authorization Act for Fiscal Year 2002.'' The Act authorizes the funding
    necessary to defend the United States and its interests around the
    globe. In particular, it provides the resources needed to continue the
    war against global terrorism, accelerate programs for defense against
    biological or chemical attacks, 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.
        The Act provides important improvements in the quality of life for
    the members of our Armed Forces, who have dedicated their lives to the
    defense of their fellow citizens. It provides for a substantial and
    well-deserved increase in basic pay, improved educational opportunities
    as an incentive to reenlist, and more resources to improve military
    housing. The legislation also addresses important needs of military
    families, such as improved job training and education opportunities for
    military spouses and access for home-schooled children of military
    families to facilities and programs of Department of Defense dependent
    schools.
        The Act will assist greatly in the rebuilding and reshaping of the
    Armed Forces to

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    meet future challenges. In particular, it provides procurement authority
    for programs crucial to the projection of American military power in
    support of U.S. interests abroad, such as carrier-based strike aircraft,
    air superiority fighter aircraft, large-capacity cargo aircraft, and a
    fast attack submarine. The Act also authorizes funds to move forward
    with our program for an effective defense against ballistic missiles.
        The legislation reflects my Administration's important initiative to
    establish a process for realignment and closure of unneeded military
    facilities. Such realignments and closures will allow the Government to
    use more effectively the taxpayer sources devoted to the national
    defense. As the Act requires, military value will be the primary
    consideration in recommending realignments and closures. Regrettably,
    the Act defers the start of the base closure and realignment process for
    several years, rather than providing for its immediate commencement to
    permit efficient restructuring promptly.
        Section 1116 of the Act authorizes Federal agency employees to
    retain and make personal use of promotional items such as frequent flyer
    miles, upgrades, or access to carrier clubs or facilities received as a
    result of certain official travel. Agency regulations will ensure that,
    in connection with implementation of section 1116, employees fully
    observe applicable principles of ethics in Government and regulations
    that prevent unneeded or inefficient official travel.
        The Act contains several provisions intended to improve the ability
    of members of the Armed Forces to exercise one of the most important
    rights that any citizen has--the right to vote. Section 1605 of the Act
    requires State Governors, in certain circumstances, to provide reports
    to the Secretary of Defense concerning the Secretary's recommendations
    on State voting laws, including what recommendations the Governor has
    made or will make to the State legislature on the Secretary's
    recommendations. Section 1605 shall be implemented in a manner
    consistent with proper regard for the role of the States, and their
    legislatures and Governors, in our Federal system.
        Several provisions of the Act, including sections 525(c), 546, 705,
    and 3152 call for executive branch officials to submit to the Congress
    proposals for legislation. These provisions shall be implemented in a
    manner consistent with the President's constitutional authority to
    supervise the unitary executive branch and to recommend to the Congress
    such measures as the President judges necessary and expedient.
        Section 1404 vests in the Secretary of Defense authority to appoint
    a chief operating officer for the Armed Forces Retirement Home, but
    purports to limit the qualifications of the pool of persons from whom
    the Secretary may select the appointee in a manner that rules out a
    large portion of those persons best qualified by experience and
    knowledge to fill the office. The Secretary shall implement section 1404
    in a manner consistent with the Appointments Clause of the Constitution.
        Under section 1002 of the Act, the Congress has stated that it
    incorporates a classified annex into the statute. That annex contains
    authorizations of appropriations for specified classified programs. My
    Administration discourages enactment of secret law as part of annual
    defense authorization acts and instead encourages appropriate use of
    classified annexes to committee reports and the joint statement of
    managers that accompanies the final legislation.

                                                              George W. Bush

     The White House,

     December 28, 2001.

    Note: S. 1438, approved December 28, was assigned Public Law No. 107-
    107.