[Weekly Compilation of Presidential Documents Volume 37, Number 52 (Monday, December 31, 2001)]
[Pages 1834-1836]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 1835]]

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 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 imple-mentation 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

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the joint statement of managers that accompanies the final legislation.
                                                George W. Bush
 The White House,
 December 28, 2001.

Note: At the time of publication, S. 1438, approved December 28, had not 
been received by the Office of the Federal Register in time for 
assignment of a public law number.