Did you know that thanks to President Clinton the United States has been in a continuous state of National Emergency since November 14, 1994? On that date, Clinton declared a national emergency with respect "to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons." President Bush extended the national emergeny for yet another year on October 27, 2006. See Federal Register notice below. No mention made of the threat to the worlds national security, foreign policy or economy from the United States' stockpiles of weapons of mass destruction.

Meanwhile, under a continuation of National Emergency, the Department of Defense (DoD) was busy fighting the Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70) and established a new review board to determine whether a material offered for sale or rental is sexually explicit as consistent with the definition in 10 U.S.C. 2489a. The Secretary of the Army and the Secretary of the Air Force shall each appoint one senior representative from the Army and Air Force Exchange Service to serve on the Board. The Secretary of the Navy shall appoint a senior representative from the Navy Exchange Service Command and a senior representative from the Marine Corps Exchange Service to serve on the Board. The Board shall periodically review material offered or to be offered for sale or rental on property under DoD jurisdiction and determine whether any such material is sexually explicit in accordance with this part. Apparently the DoD knows it when it sees it. (See below).

Federal Register: October 31, 2006 (Volume 71, Number 210) [Presidential Documents] [Page 64109] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr31oc06-127]

Notice of October 27, 2006

Continuation of National Emergency Regarding the Proliferation of Weapons of Mass Destruction

On November 14, 1994, by Executive Order 12938, the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. On July 28, 1998, the President issued Executive Order 13094 amending Executive Order 12938 to respond more effectively to the worldwide threat of weapons of mass destruction proliferation activities. On June 28, 2005, I issued Executive Order 13382 that, inter alia, further amended Executive Order 12938 to improve our ability to combat proliferation. Because the proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency first declared on November 14, 1994, must continue in effect beyond November 14, 2006. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amended.

This notice shall be published in the Federal Register and transmitted to the Congress.

(Presidential Signature) THE WHITE HOUSE, October 27, 2006. [FR Doc. 06-9021 Filed 10-30-06; 12:12 pm] Billing code 3195-01-P

Federal Register: November 15, 2006 (Volume 71, Number 220) [Rules and Regulations] [Page 66457-66460] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15no06-11]

DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 235 [DOD-2005-OS-0149] RIN 0790-AH86 Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70)

ACTION: Final rule.

SUMMARY: This rule prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction. It establishes responsibilities for monitoring compliance, establishes a review board to determine whether a material offered for sale or rental is sexually explicit as consistent with the definition in 10 U.S.C. 2489a, and delineates review board procedures. This updated rule includes administrative changes and one new policy allowing materials which have been determined by the Board to be sexually explicit to be submitted for reconsideration every 5 years.

DATES: Effective Date: December 15, 2006.

FOR FURTHER INFORMATION CONTACT: Commander F. Stich, 703-602-4601.

SUPPLEMENTARY INFORMATION: On December 19, 2005 (70 FR 75091) the Department of Defense published the proposed rule for public comment. Twenty-eight comments were posted, 14 of which merited a response:

1. Comment posted 1/12/06:

General Comment: I don't think the DoD should be selling or renting sexually explicit material other than artistic publications such as Playboy. DoD response: The Part, which implements 10 U.S.C. 2489a, prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction, as well as the sale or rental of sexually explicit material by DoD military and civilian personnel acting in an official capacity.

2. Comment posted 2/2/06:

General Comment: In addition to appointing senior representative to the Resale Activities Board of Review, there should also be a consumer group composed of enlisted members and officers to help analyze material for decency. DoD response: Forming the suggested consumer group is unnecessary. The Resale Activities Board of Review includes civilian representatives from the Army, Navy, and Air Force who are capable of identifying sexually explicit material.

3. Comment posted 2/6/06:

General Comment: I think that the proposed rule to prohibit sexually explicit material being sold on the property of the Department of Defense and by those employed by the Department of Defense is a bit too restricting. I can understand prohibiting it on government property, however, prohibiting those employed by the Department of Defense has gone too far. It is not the government's job to regulate what people do with their private lives. It's like telling people that they can't smoke if they want to work for that person. DoD response: The Part does not prohibit DoD personnel from possessing sexually explicit material. It prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction, and it prohibits the sale or rental of sexually explicit material by DoD military and civilian personnel when acting in an official capacity.

4. Comment posted 2/6/06:

General Comment: It seems that if magazines and videos containing sexually explicit materials are to be restricted but books containing sexually explicit materials are not, then a double standard is being created. In essence sexually explicit materials are acceptable in one format but not in another. Either all sexually explicit materials should be allowed or it all should be banned. DoD response: The Part is consistent with 10 U.S.C. 2489a, which does not include books in the definition of ``sexually explicit material.''

5. Comment posted 2/6/06:

General Comment: I think the military should be able to possess whatever types of media they choose, as long as it does not violate the law. DoD response: The Part does not regulate possession of sexually explicit material by DoD military and civilian employees. It prohibits the sale or rental of sexually explicit material on property under the DoD jurisdiction, and it prohibits the sale or rental of sexually explicit material by DoD military and civilian employees acting in an official capacity.

6. Comment posted 2/6/06:

General Comment: I don't see how the barring of sale or rental of pornographic materials is going to help anything. If the issue is pornography on property owned by the Dept. of Defense, then possession of it should be banned entirely. DoD response: The Part does not regulate the possession of sexually explicit material by DoD military and civilian employees. It prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction, and by DoD civilian and military employees when acting in an official capacity.

7. Comment posted 2/6/06:

General Comment: I believe that this proposed rule is too restrictive based on the fact that all DoD property is included. While explicit materials should be restricted from certain areas under DoD's property, such as work areas, other property, such as personal living areas, should not be included. DoD response: The Part does not prohibit the possession of sexually explicit material by DoD military and civilian employees. It prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction, and by DoD military and civilian employees when acting in an official capacity.