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NESARA
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
107th CONGRESS<br />
1 st Session<br />
H. R. ________________<br />
(This bill has not yet been introduced into Congress)<br />
To amend the Federal Reserve Act of 1913, as amended; and the Internal Revenue Code of 1939, as<br />
amended; in order to secure for the American people their unalienable right to Life, Liberty, and Property.<br />
IN THE HOUSE OF REPRESENTATIVES<br />
_____________________ for himself, _____________________,<br />
_________________, _________________, _________________,<br />
introduced the following bill; which was referred to the committee on<br />
____________________<br />
A BILL<br />
To amend the Federal Reserve Act to provide for the American people a constitutionally accurate, sound,<br />
safe, and honest medium of exchange; and,<br />
To amend the Internal Revenue Code enacted on February 10, 1939, as amended, to abolish the collection<br />
of revenue based on income and to establish a constitutional tax system within the classes of imposts,<br />
excises and duties;<br />
So that the endeavors of the American people in agriculture, industry and commerce may prosper.<br />
TITLE: NATIONAL ECONOMIC STABILIZATION AND RECOVERY ACT<br />
Be it enacted by the Senate and House of Representatives of the United States of America in Congress<br />
Assembled,<br />
1
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Table of Contents<br />
Purpose.........................................................................................................................................................4<br />
What is wrong with America?...................................................................................................................4<br />
Can We Really “Fix” America? Can One Bill Repair The Damage? .......................................................4<br />
Executive Summary ....................................................................................................................................5<br />
Monetary Policy Reform...........................................................................................................................5<br />
Fiscal Policy Reform.................................................................................................................................5<br />
What <strong>NESARA</strong> Does Not Immediately Do ..............................................................................................5<br />
Detailed Summary–Part I Banking and Monetary Reform....................................................................6<br />
Immediate Relief and Results ...................................................................................................................6<br />
The Federal Reserve System.....................................................................................................................6<br />
Monetary Policy ........................................................................................................................................6<br />
Banking .....................................................................................................................................................6<br />
Detailed Summary–Part II National Sales and Use Tax..........................................................................8<br />
Immediate Relief and Results ...................................................................................................................8<br />
The Income Tax ........................................................................................................................................8<br />
Sales and Use Tax .....................................................................................................................................8<br />
Part I. Banking and Monetary Reform...................................................................................................10<br />
Section 1. Definitions..............................................................................................................................10<br />
Section 2. Findings..................................................................................................................................13<br />
Section 3. Congressional Control Of The United States Monetary System............................................14<br />
Section 4. Provisions For United States Currency ..................................................................................14<br />
Section 5. Reformation Of The Federal Reserve System........................................................................18<br />
Section 6. Reformation Of The Federal Reserve Banks..........................................................................21<br />
Section 7. Regulation Of Commercial Banks And Other Financial Institutions.....................................22<br />
Section 8. Excise Tax Imposed On Monetization-Fee Or Interest Income .............................................23<br />
Section 9. Regulation Of The Exchange Value Of Treasury Credit-Notes.............................................24<br />
Section 10. Authorization For Limited Bank Charters............................................................................25<br />
Section 11. Regulation Of Postal Money Orders ....................................................................................25<br />
Section 12. Crime Defined And Punishment Established.......................................................................26<br />
Section 13. All Inconsistent Acts Repealed ............................................................................................26<br />
Part II. National Sales and Use Tax.........................................................................................................27<br />
Section 1. Definitions..............................................................................................................................27<br />
Section 2. Findings..................................................................................................................................29<br />
Section 3. Federal Income Tax Abolished ..............................................................................................30<br />
Section 4. Revision Of The Internal Revenue Service............................................................................30<br />
Section 5. National Sales And Use Tax Imposed....................................................................................31<br />
Section 6. Liability For And Disposition Of The National Sales And Use Tax......................................32<br />
Section 7. Recovery Of Taxes, Penalty, And Interest .............................................................................35<br />
Section 8. Crime Defined And Punishment Established.........................................................................38<br />
Section 9. All Inconsistent Acts Repealed ..............................................................................................39<br />
Appendix A ................................................................................................................................................40<br />
Part I. Banking and Monetary Reform Explanation and Details.............................................................40<br />
Appendix B ................................................................................................................................................51<br />
Part II. National Sales and Use Tax Explanation and Details .................................................................51<br />
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Appendix C ................................................................................................................................................61<br />
Imagine Legislation That… ....................................................................................................................61<br />
Terminates or Drastically Reduces Mortgage Debt ............................................................................61<br />
Promotes Universal Home Ownership................................................................................................61<br />
Restores High-Paying Productive Jobs ...............................................................................................64<br />
Increases Benefits to Senior Citizens ..................................................................................................64<br />
Eliminates Federal Income Taxes .......................................................................................................65<br />
Restores Financial Privacy ..................................................................................................................66<br />
Enables Single Parents to Support Their Families ..............................................................................66<br />
Restores Inner Cities as Vital Economic Areas...................................................................................68<br />
Benefits Americans with an Unprecedented Economic Boom ...........................................................69<br />
Provides 500 Billion Dollars for Infrastructure Projects.....................................................................69<br />
Eliminates Bank Failures ....................................................................................................................70<br />
Please Support the <strong>NESARA</strong> Institute ....................................................................................................75<br />
3
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Purpose<br />
• To provide monetary reform by amending the Federal Reserve Act of 1913.<br />
• To provide fiscal reform by amending the Internal Revenue Code of 1939.<br />
• To secure for the American people their unalienable right to Life, Liberty, and Property.<br />
What is wrong with America?<br />
• The income gap between the rich and poor continues to widen<br />
• Earnings for the poorest fifth of American families rose less than 1% between 1988 and 1998<br />
• Earnings for the richest fifth of American families rose more than 15% between 1988 and 1998<br />
• Income tax preparation costs Americans more than $225 billion and more than 5 billion hours per<br />
year in nonproductive labor<br />
• Social woes and problems continue to escalate<br />
• Income tax laws continue to erode privacy rights<br />
• Asset forfeitures continue to rise due to inequitable monetary policy and tax laws<br />
• The American Dream is quickly disappearing<br />
• Unsound monetary and fiscal policies encourage waste and graft<br />
• Public and private debt continue to rise<br />
• Current banking practices and policies no longer support the people but special interests<br />
• Current monetary and fiscal policy provides no mechanism to stop or defeat inflation<br />
Can We Really “Fix” America?<br />
Can One Bill Repair The Damage?<br />
<strong>NESARA</strong> will:<br />
• Reduce social inequalities and problems by doubling the average standard of living<br />
• Eliminate trillions of dollars of public and private debt<br />
• Return control of the currency to the public<br />
• Reduces the cost of using public currency<br />
• Provide new banking rules that are equitable and fair to all<br />
• Provide $500 billion of new public works projects<br />
• Replace the income tax with a fair tax<br />
• Improve the balance of trade problems<br />
• Rebuild American industry with high-paying, productive jobs<br />
• Eliminate inflation<br />
4
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Executive Summary<br />
Monetary Policy Reform<br />
• Establishes three types of United States currency: standard silver coin, standard gold coin and<br />
treasury credit-notes<br />
• The United States Treasury buys and cancels all outstanding capital stock of the former Federal<br />
Reserve Banks<br />
• The privately owned Federal Reserve System becomes a public entity, the United States Treasury<br />
Reserve System<br />
• A new Board of Governors of the Treasury Reserve System uses a specific law-mandated plan to<br />
maintain and stabilize the exchange value of the currency<br />
• The new Board assumes all powers and responsibilities of the former Federal Open Market<br />
Committee<br />
• The existing regional Federal Reserve Banks become Treasury Reserve Banks and continue<br />
clearinghouse operations and other bank service functions under the direction of the Office of the<br />
Comptroller of the Currency<br />
• All commercial banks must exchange their income-producing government obligations for treasury<br />
credit-notes<br />
• Only treasury credit-notes may be held as bank reserves<br />
• Fundamental changes are imposed on the repayment of all outstanding fractional reserve loans on<br />
secured property—principal must be repaid before the monetizing-fee is paid<br />
• A progressive federal excise tax is imposed on the privilege of making commercial loans of currency<br />
for profit<br />
• Commercial financial institutions such as credit unions are provided, subject to some restriction, with<br />
opportunities to operate with fractional reserves<br />
Fiscal Policy Reform<br />
• Amends the existing federal income tax system<br />
• A national retail sales (excise) tax is imposed upon non-exempt retail activities of commerce<br />
• The Internal Revenue Service is reorganized as the National Tax Service to administer the collection<br />
of the new tax<br />
What <strong>NESARA</strong> Does Not Immediately Do<br />
• Eliminate all payroll taxes, such as Social Security and Medicare taxes<br />
• Eliminate constitutional excise taxes on regulated activities<br />
• Immediately eliminate the entire national debt<br />
• Immediately halt inflation<br />
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Detailed Summary–Part I Banking and Monetary Reform<br />
Immediate Relief and Results<br />
• Eliminates approximately ¼ of the nation’s debt<br />
• Eliminates some private debt, especially for many home owners<br />
The Federal Reserve System<br />
• The Federal Reserve Act of 1913 is amended<br />
• The Federal Reserve System is abolished and replaced by a new Treasury Reserve System<br />
• Control of the currency is moved from private control of the Fed to public control of Congress and<br />
the Treasury<br />
• Functions of the Federal Open Market Committee are transferred to the Board of Governors of the<br />
new Treasury Reserve System<br />
• A new mechanism, the Treasury Reserve Account, is created to provide the Treasury Reserve System<br />
a better method to fine tune the money supply, effectively eliminating inflation<br />
• The previous three mechanisms for controlling the money supply are maintained: 1. Setting reserve<br />
requirements. 2. Setting the national discount rate. 3. Purchasing U.S. Treasury securities on the open<br />
market.<br />
Monetary Policy<br />
• People are provided with several alternatives for money<br />
• Constitutional money is restored<br />
• Currency becomes debt free as the people stop paying interest payments for their use of a public<br />
utility<br />
• Unlike previous policy, the new Treasury Reserve Board is provided one very specific mandate:<br />
maintain a stable currency<br />
• Expansion of the economy is returned to the free market<br />
• Private coinage is encouraged<br />
• Exchange ratios for the various currencies published at least weekly<br />
• Printing of redeemable gold and silver certificates allowed<br />
• Postal money orders available in denominations of gold and silver coin<br />
Banking<br />
• Returns the banking industry to serving public interests<br />
• For secured loans, compound interest is outlawed and replaced with a monetization fee<br />
• Provide stricter banking controls through excise taxes to discourage high or runaway monetization<br />
fees<br />
6
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
• Secured loans require principal to be paid in full before collecting monetization fees<br />
• Eliminates the facade for banking insurance (FDIC)<br />
• Except for fraud and criminal activities, virtually eliminates bank failures<br />
• Banks are prohibited from using as reserves anything but Treasury credit-notes<br />
• Commercial paper can no longer be used as reserves, only Treasury credit-notes can be used,<br />
effectively removing banks from influencing monetary policy<br />
• Checking accounts against gold and silver deposits are prohibited, such accounts are custodial only<br />
• Commingling of funds among the various money accounts without owner’s permission is prohibited<br />
7
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Detailed Summary–Part II National Sales and Use Tax<br />
Immediate Relief and Results<br />
• Workers maintain better control of their earnings<br />
• Production is no longer taxed, but consumption<br />
• Encourages production thus revitalizing industry in America<br />
• Encourages rebuilding of inner cities<br />
• Discourages wasteful uses of natural resources<br />
• Exposes the true cost of government<br />
• Greatly eliminates the struggle between tax “protesters” and bureaucracy<br />
• Allows the “underground” to resurface and become a viable contribution to production of goods and<br />
services<br />
• Greatly restricts the influence of special interests and lobbyists<br />
The Income Tax<br />
• The Income Tax Act of 1939 is amended<br />
• People need no longer fear the IRS<br />
• Billions of hours of nonproductive labor are eliminated<br />
• Mounds of paper work are eliminated<br />
• The cost of the income tax is no longer hidden and embedded in the cost of doing business and passed<br />
down the chain with the consumer paying the final tab<br />
• Most likely eliminates state income tax plans because state income taxation piggybacks on federal<br />
income taxation<br />
• The IRS is reformed into the National Tax Service<br />
• Volumes of complicated tax code are history<br />
• Eliminates personal income taxes<br />
• Eliminates corporate income taxes<br />
• Eliminates gift taxes and estate taxes<br />
• Eliminates capital gains taxes<br />
Sales and Use Tax<br />
• Tax rate of 14%<br />
• Government entities are exempt<br />
• Government mandated expenses such as licenses, permits, passports, are exempt<br />
• Sales of bullion, coin and currency are exempt<br />
• Sales made by or to nonprofit schools are exempt<br />
• Sales of prescription drugs are exempt<br />
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
• Real estate rents and leases are exempt<br />
• Sales of groceries are exempt<br />
• Sales of plants, livestock and fish used in the production of food for human consumption are exempt<br />
• Insurance sales are exempt<br />
• Segregated portions of labor in service contracts are exempt<br />
• Incidental or occasional sales such as garage or rummage sales are exempt<br />
• Sales for the purposes of recycling are exempt<br />
• Meals provided by companies at company expense are exempt<br />
• Sales that are nonprofit in nature are exempt<br />
9
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Part I. Banking and Monetary Reform<br />
Section 1. Definitions<br />
Definitions for terms used in this part are equivalent to those of the United States Constitution and the<br />
Coinage Act of 1792 or are explicitly stipulated below.<br />
Accounting unit dollar: Token dollar; imaginary accounting unit used to denominate United States<br />
currency.<br />
Barter: Wealth traded by direct exchange.<br />
Bill of credit: Paper document issued as legal tender by the government on its authority and credit,<br />
redeemable in specie at a future day, and designed to circulate as money.<br />
Coin: A piece of metal with its commodity type, weight and fineness stated on its face; an item of<br />
intrinsic value based in the unconditional, historical domain and often used as a medium of exchange.<br />
Credit: Imaginary demand. Reliance on the truth or reality of something; belief; faith.<br />
Credit-note: Paper document denominated in token dollars; United States Treasury credit-note.<br />
Currency: That which circulates as a medium of exchange; anything that is in immediate, continuous and<br />
widespread use as money.<br />
Dollar: A unit of weight, as construed in the U.S. Constitution and in the Coinage Act of 1792, equal to<br />
371 and 1/4 grains; equivalent to 24.0566 grams or 0.77344 troy ounces.<br />
Eagle: A gold coin containing one troy ounce of gold; an easily recognizable standard United States coin<br />
which may be used as money.<br />
Exchange value: Instantaneous parity of a thing at the time of the exchange.<br />
Expediency: That which is apt or suitable to an end in view.<br />
Federal Reserve Note: Paper document denominated in token dollars; a token note having only exchange<br />
value; a type of U.S. currency adopted by custom and through the imposition of legal tender laws; a direct<br />
obligation of the United States; fiat money; scrip.<br />
Fiat money: Paper documents or token coins, normally issued by governments and made legal tender by<br />
fiat or statutory law, not redeemable in specie; an item of exchange value based in the conditional, future<br />
domain; accepted by the issuer as compensation for taxes, fees, duties or debts; accepted by others in<br />
anticipation of future exchanges.<br />
Fiat: A sanction; decree.<br />
Free market: One in which any individual may exchange their products or services by competitive<br />
bidding, open to all, without constraint.<br />
10
Gold eagle: Eagle.<br />
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Gold certificate: A document certifying that a like amount of its face denomination in (gold) eagles is on<br />
deposit with and held in trust for its immediate redemption at the U.S. Treasury or at a designated agent<br />
of the U.S. Treasury.<br />
Interest: Compensation paid to a creditor for loss of the use of their own currency.<br />
Intrinsic value: Inherent value usually related to cost of production, more properly related to marginal<br />
utility.<br />
Irredeemable: Not convertible into specie at the pleasure of the holder; inconvertible; not terminable by<br />
payment of the principal.<br />
Lawful: Authorized; sanctioned; not contrary to nor forbidden by law; constitutional.<br />
Lawful money: Lawful money of account; specie: silver dollars, eagles.<br />
Legal: Done or performed in accordance with the forms and usages of law, or in a technical manner. An<br />
Act may be legal but, if not constitutional, it is not lawful.<br />
Legal-tender: Default medium of exchange; forced use of a government specified medium of exchange<br />
when parties to a mercantile transaction fail to specify a specific medium of exchange.<br />
Medium of exchange: Currency; an intermediate used during trade or commerce; an expediency<br />
accepted in an exchange; that which is used as money in an exchange.<br />
Monetization fee: Payment required for the monetization of debt; pseudo interest.<br />
Money: A psychological creation; a concept; the mental image of that which is used as a medium of<br />
exchange.<br />
Note: Certified claim on wealth; a written or printed paper acknowledging a debt and promising payment.<br />
Payment: Discharge of an obligation or debt by delivery of value, usually lawful money. The execution<br />
and delivery of negotiable papers [instruments] is not payment unless it is accepted by the parties in that<br />
sense. (UCC § 3–410)<br />
Scrip: Provisional certificate; evidence that the holder or bearer is entitled to receive something.<br />
Seigniorage: The difference, which may be positive or negative, between the face value of specie (coin),<br />
silver or gold certificates, or fiat money and its commodity value in a free market.<br />
Silver dollar: A coin containing a dollar weight—371 and 1/4 grains—of silver; an easily recognizable<br />
standard United States coin which may be used as money.<br />
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Silver certificate: A document certifying that a like amount of its face denomination in dollars of coined<br />
silver is on deposit with and held in trust for its immediate redemption at the U.S. Treasury or at a<br />
designated agent of the U.S. Treasury.<br />
Source: Point of origin or creation.<br />
Specie: Coin, usually of silver or gold.<br />
Tender: Any offer to settle a debt or obligation with any accepted medium of exchange accompanied by<br />
means for fulfillment of that offer.<br />
Token coin: A piece of metal intended for use as currency, issued at a nominal or face value normally far<br />
in excess of its commodity value; United States clad coins and subsidiary coins of base alloys.<br />
Token dollar: Imaginary accounting unit dollar; debt; an artificial creation, irredeemable in specie.<br />
Token: Something that serves as what it is not.<br />
Treasury bill: Obligation of the U.S. Treasury for a specified term of three, six or twelve months from<br />
the date of issue, bearing no interest but sold at a discount.<br />
Treasury bond: Paper document issued by the government as evidence of long-term indebtedness.<br />
Treasury certificate: Obligation of the U.S. Treasury generally maturing in one year on which interest is<br />
paid by coupon.<br />
Treasury credit-note: United States currency; paper document denominated in token dollars, designed to<br />
circulate as money, having exchange value, irredeemable, with limited legal-tender character, authorized<br />
by the Congress of the United States, issued by the U.S. Treasury bearing no interest and spent into<br />
circulation through voluntary acceptance; an obligation of the United States; fiat money.<br />
Treasury note: Obligation of the U.S. Treasury, with a maturity of one to five years and interest paid by<br />
coupon.<br />
Unit: Any specified or determinable amount or quantity adopted as a standard of measurement. Unity;<br />
one.<br />
Units of Measure—Common Equivalents: Accurate to one part per million or better; included for<br />
reference only;<br />
• 1 pound, Troy = 373.2417216 grams;<br />
• 1 pound, Troy = 12 ounces, Troy;<br />
• 1 pound, Troy = 5,760 grains;<br />
• 1 grain = 0.06479891 grams<br />
12
The Congress finds that —<br />
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
Section 2. Findings<br />
(1) an excessive debt, both public and private, is the cause of much of this nation’s economic distress.<br />
(2) outdated banking, monetary and fiscal practices, supported by national statutes, codes and regulations,<br />
led to the creation of a large portion of this debt.<br />
(3) the nation’s privately owned central banks of the Federal Reserve System exercise significant control<br />
over the national economy through manipulation of monetary policy.<br />
(4) the private character of the Federal Reserve System was recognized in the Act creating the system<br />
when Congress reserved to itself “[t]he rights to amend, alter, or repeal” the authorizing legislation. (38<br />
Stat. 251, 275)<br />
(5) the reservation of “[t]he right to amend, alter, or repeal” the Act establishing the Federal Reserve<br />
System displays Congressional concern to obviate any possibility that the private parties comprising the<br />
Federal Reserve System might acquire, directly in or through application of the statute, any rights,<br />
powers, privileges or immunities that the courts could later hold were constitutionally immutable.<br />
(6) the federal courts have also recognized that, although the Federal Reserve System may perform<br />
various functions purportedly on behalf of the national government, it is not an agency of the United<br />
States. Lewis v. United States, 680 F.2d 1239, 1240 (9th Cir. 1982)<br />
(7) the Supreme Court of the United States noted in 1896 that “National banks are instrumentalities of the<br />
Federal government, created for a public purpose, and as such necessarily subject to the paramount<br />
authority of the United States.” Davis v. Elmira Savings, 161 U.S. 275<br />
(8) the Board of Governors of the Federal Reserve System and the Federal Open Market Committee were<br />
given a mandate to “maintain long run growth of the monetary and credit aggregates commensurate with<br />
the economy’s long run potential to increase production, so as to promote effectively the goals of<br />
maximum employment, stable prices, and moderate long-term interest rates.”<br />
(9) the performance of the Federal Reserve System, particularly in pursuit of its mandate to “promote<br />
…stable prices and moderate long-term interest rates,” has been considerably less than satisfactory. A<br />
1950 dollar is worth only 18 cents in 1990, losing 82 percent of its value in 40 years.<br />
(10) changes in the economic behavior of the American people, particularly since World War II, have<br />
greatly reduced the ability of the Federal Reserve System to regulate monetary policy.<br />
(11) Federal Reserve System regulators struggle to maintain stability, hampered by conflicting goals and<br />
grossly inadequate monetary tools.<br />
(12) the authority of Congress to issue irredeemable, legal tender paper currency, or to delegate such a<br />
power, finds no basis in Article I, § 8, cl. 5 of the United States Constitution, which grants Congress the<br />
power “To coin Money, [and] regulate the Value thereof.”<br />
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<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
(13) the constitutional power “To borrow Money” found in Article I, § 8, cl. 2 does not authorize<br />
Congress to issue “Bills of Credit” or to delegate such a power.<br />
(14) reconstruction of the national banking and monetary system can begin based on the unquestionably<br />
constitutional premises that:<br />
(a) Congress has the power and duty to provide the nation with a sound monetary system; and,<br />
(b) Congress has the power to borrow money; and,<br />
(c) Congress has no power or privilege to emit bills of credit, nor to delegate such a power; and,<br />
(d) Congress has the power and duty to protect commerce from irresponsible banking practices.<br />
(15) the reform of the current monetary system as outlined in this Act is necessary to ensure the American<br />
people of their unalienable rights to Life, Liberty, and Property, and to provide for them a constitutionally<br />
accurate, sound, safe, and honest medium of exchange.<br />
Section 3. Congressional Control Of The United States Monetary System<br />
(A) The monetary system of the United States shall be under the control of Congress.<br />
(B) It shall be administered within the Department of the Treasury of the United States by the Secretary of<br />
the Treasury and by other government officers.<br />
Section 4. Provisions For United States Currency<br />
(A) Congress hereby directs the Secretary of the Treasury to authorize the production and immediate<br />
distribution of United States Treasury credit-notes, denominated in 1, 5, 10, 20, 50, and 100-token dollar<br />
units, in sufficient quantity to replace all outstanding United States legal tender paper currency of every<br />
type.<br />
(B) The following characteristics, among others, define the United States Treasury credit-notes:<br />
(1) paper document denominated in token dollars<br />
(2) an obligation of the United States<br />
(3) created by authorization of the United States Congress<br />
(4) issued by the United States Treasury bearing no interest<br />
(5) placed in circulation through voluntary acceptance<br />
(6) designed to circulate as money<br />
(7) irredeemable in specie<br />
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(8) having exchange value<br />
<strong>NESARA</strong><br />
The National Economic Stabilization and Recovery Act<br />
(9) having limited legal-tender character<br />
(C) Congress hereby declares that, from the date of passage of this Act, United States Treasury creditnotes<br />
are legal-tender for all debts—public, private, and personal—where such debts are not explicitly<br />
stated and understood by the parties involved to be dischargeable in some other stipulated medium of<br />
exchange.<br />
(D) All existing forms of United States legal tender paper currency of whatever type, denominated in<br />
dollars and produced on or before the date of passage of this Act, are exchangeable or replaceable at a<br />
face value of one for one for the new United States Treasury credit-notes. Federal Reserve Notes,<br />
National Bank Notes, and State Bank Notes will no longer be printed.<br />
(E) Congress hereby directs the Secretary of the Treasury to authorize the production of standard silver<br />
and gold coins from the following sources:<br />
(1) coinage at the public mints of all government-owned silver and gold bullion except for minimum<br />
amounts which may be required under the Strategic and Critical Materials Stock Piling Act (50 USC<br />
98 et seq.); and,<br />
(2) coinage at the public mints of silver and gold bullion acquired on the world market by the<br />
Secretary of the Treasury at not more than the then current average world price; and,<br />
(3) unlimited coinage at the national mints of privately owned bullion; and,<br />
(4) encouragement of private coinage.<br />
(F) Congress hereby directs the Secretary of the Treasury, under Article I, § 8, cl. 5 of the United States<br />
Constitution, to establish and implement procedures and necessary regulations to encourage each of these<br />
sources to its maximum extent.<br />
(G) United States Coinage<br />
(1) The standard unit of the domestic monetary system shall be a lawful United States constitutional<br />
silver dollar coin, containing 371 and 1/4 grains of silver, as construed in the United States<br />
Constitution and the Coinage Act of 1792. The Secretary of the Treasury shall provide for the minting<br />
of 1, 1/2, 1/4, and 1/10-dollar pieces, containing weights of silver in these exact proportions to the<br />
standard silver dollar.<br />
(2) The Secretary of the Treasury shall provide for the minting of standard gold coins. A standard<br />
gold coin, called the eagle, will contain 1 troy ounce of gold. The Secretary of the Treasury may, by<br />
discretion, provide for companion-pieces containing 1/10 troy ounce of gold, the 1/10 eagle; and 1/4<br />
troy ounce of gold, the 1/4 eagle; and 1/2 troy ounce of gold, the 1/2 eagle.<br />
(3) Despite any other provision of law, the Secretary of the Treasury shall provide for the minting and<br />
issuance of standard gold and standard silver coins of the following character:<br />
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(a) consist of an alloy of —<br />
(i) the specified weight of the precious metal; plus<br />
(ii) other metal, weighing not more than 1/10 of the total weight of the coin, included to<br />
increase the coin durability;<br />
(b) a silver dollar will contain 371 and 1/4 grains of silver, being a minimum of 90 percent silver<br />
by weight, with the 1/2, 1/4, and 1/10dollar pieces containing weights of silver in exact<br />
proportions to the standard dollar;<br />
(c) an eagle will contain 1 troy ounce of gold, being a minimum of 90 percent gold by weight,<br />
with 1/2, 1/4, and 1/10eagle pieces containing weights of gold in exact proportions to the standard<br />
eagle;<br />
(d) have a standardized design which remains unchanged for thirty years —<br />
(i) symbolic of Liberty on the obverse side; and<br />
(ii) of an eagle on the reverse side;<br />
(e) have inscriptions —<br />
(i) indicating denomination, such as “One-half Dollar” or “One Eagle”; and<br />
(ii) actual type and weight of precious metal content, such as “371 & 1/4 Grains Silver” or<br />
“One Troy Ounce Gold”; and<br />
(iii) “Liberty”; and<br />
(iv) “United States of America”;<br />
(f) are marked —<br />
(i) to identify the mint of origin; and<br />
(ii) with the first year of the decade of minting or issuance except that all coins minted before<br />
the year 2010 will be marked “2000”;<br />
(g) all standard silver coin will have a twelve-sided polygon design with reeded edges;<br />
(h) all standard gold coin will have a sixteen-sided polygon design with reeded edges;<br />
(4) To compensate for abrasion of the lawful coinage, the “Value” of any particular coin is equal to its<br />
actual weight divided by its specified total weight expressed in appropriate terms of dollars or eagles.<br />
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(5) The Secretary of the Treasury shall immediately open the public mints to unlimited coinage of<br />
both metals, levying a charge, denominated in treasury credit-note dollars, for seigniorage at the<br />
minimum level necessary to fund the mints’ operations.<br />
(6) The Secretary of the Treasury shall determine and publish at least weekly, but more often if he<br />
deems necessary, the exchange-ratios between —<br />
(a) a treasury credit-note dollar and a United States standard silver dollar and<br />
(b) a treasury credit-note dollar and a United States eagle,<br />
such ratios being calculated by adding the current average world market price, denominated in<br />
treasury credit-note dollars, for the bullion equivalent weight of the standard coin to the mint<br />
seigniorage charge to produce a standard coin.<br />
(7) All existing laws or regulations authorizing governmental seizure of precious metals or<br />
prohibiting the recovery and use of the bullion content of lawful coins are hereby repealed.<br />
(H) Private Coinage<br />
(1) As part of the duty, under Article I, § 8, cl. 5 of the United States Constitution, to supply the<br />
country with an adequate coinage, Congress requires the Secretary of the Treasury to, upon request of<br />
United States wholly owned and operated private mints, have prepared and make available at cost,<br />
dies for the minting of standard silver and gold coin of the United States.<br />
(2) The Secretary of the Treasury is hereby directed to create, subject to the approval of Congress, the<br />
necessary policies, procedures and regulations to ensure that the quality of standard silver and gold<br />
coinage produced by private parties equals or exceeds the public standard. Any penalties provided<br />
will apply equally to officers of the public mints.<br />
(I) The Secretary of the Treasury may issue silver and gold certificates, denominated in dollars and<br />
eagles, respectively.<br />
(1) The silver series shall include 1, 5, and 10-Dollar Silver Certificates of the following character:<br />
(a) They are printed on a distinctive paper of silver color.<br />
(b) They have inscriptions —<br />
(i) “United States of America”; and<br />
(ii) “In God We Trust”; and<br />
(iii) indicating year of issue; and<br />
(iv) indicating denomination, such as “Five Dollar Silver Certificate”; and<br />
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(v) indicating promise of redemption, such as “The United States Treasury will pay face<br />
value to the bearer on demand in standard silver dollar coin.”<br />
(2) The gold series may include 1, 5, and 10-Eagle Certificates of the following character:<br />
(a) They are printed on a distinctive paper of gold color.<br />
(b) They have inscriptions —<br />
(i) “United States of America”; and<br />
(ii) “In God We Trust”; and<br />
(iii) indicating year of issue; and<br />
(iv) indicating denomination, such as “Ten Eagle Certificate”; and<br />
(v) indicating promise of redemption, such as “The United States Treasury will pay face<br />
value to the bearer on demand in standard gold coin.”<br />
(3) These certificates shall represent only standard coined silver and gold actually on deposit with the<br />
United States Treasury, or with designated Treasury agents, and must be redeemed on demand.<br />
(4) Any failure to redeem silver certificates or gold certificates issued under the provisions of this Act<br />
upon any demand<br />
(i) shall cause an immediate audit by two independent qualified public auditors at the expense of<br />
the Treasury and<br />
(ii) will be prima facie cause for the removal of the Secretary of the Treasury.<br />
(J) All accounts of record of all monetary transactions of whatever type, subject to the jurisdiction of the<br />
United States, are hereby required to show the form or forms of currency used. The use of the term<br />
“dollar” or the symbol “$” without other qualifiers will designate United States Treasury credit-notes or<br />
its subdivisions such as clad token coins and subsidiary token coins of base alloys. The terms “silver<br />
dollar,” “silver $,” “dollars silver” or “$ silver” without other qualifiers will designate standard silver<br />
dollar coin containing 371 and 1/4 grains of silver and its appropriate subdivisions. The term “eagle”<br />
without other qualifiers will designate standard gold coin containing 1 troy ounce of gold and its<br />
appropriate subdivisions.<br />
Section 5. Reformation Of The Federal Reserve System<br />
(A) The Federal Reserve Act of 1913, as amended, is hereby further amended, as per its provisions for the<br />
dissolution of and recovery of assets of the Federal Reserve System.<br />
(B) Administration of the Federal Reserve System is hereby vested in the United States Treasury in a new<br />
department of the Treasury, hereby established and called the United States Treasury Reserve System or<br />
by the short title of Treasury Reserve System.<br />
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(C) A Board of Governors of the Treasury Reserve System is hereby established and charged with the<br />
administration of the Treasury Reserve System, to exercise all powers and duties granted within the<br />
provisions of this Act and those powers and duties, some of which are subject to modifications by this<br />
Act, previously specifically granted to the Board of Governors and to the Federal Open Market<br />
Committee of the Federal Reserve System. This Board will consist of thirteen officers including a<br />
Director of the Board plus one Governor of the Board from each of the existing twelve Federal Reserve<br />
Bank Districts, hereafter called United States Treasury Reserve Districts.<br />
(1) All officers of the Board of Governors of the Treasury Reserve System will be appointed by the<br />
President of the United States with the advice and consent of the Senate, the initial selection of all<br />
thirteen officers commencing with the passage of this Act and following the guidelines set forth<br />
herein. Selection shall be made without discrimination because of race, creed, color, sex, or national<br />
origin. No individual who is or has been a Senator or Representative in Congress shall be an officer of<br />
the Board of Governors of the Treasury Reserve System.<br />
(2) The officer who serves as Director of the Board of Governors of the Treasury Reserve System:<br />
(a) shall be a United States citizen; and,<br />
(b) shall be selected from the nation at large; and,<br />
(c) shall be a person of tested banking or economic experience; and,<br />
(d) shall receive a salary equivalent in amount to the salary of a member of the United States<br />
Senate; and,<br />
(e) shall maintain an office within the District of Columbia; and,<br />
(f) shall have no specific term of office, being replaced at the pleasure of the President of the<br />
United States with the advice and consent of the Senate.<br />
(3) Each officer who serves as a Governor on the Board of Governors of the Treasury Reserve<br />
System:<br />
(a) shall be a United States citizen; and,<br />
(b) shall have been a resident for at least two years of the Treasury Reserve District which they<br />
represent; and,<br />
(c) shall be actively engaged in their Treasury Reserve District in commerce, agriculture, the<br />
medical arts, education, industry, services, or consumer or labor affairs; and,<br />
(d) shall not at the time of their selection, nor at any time during that period of service, be or have<br />
been an officer, director, employee, or a direct stockholder of any bank; and,<br />
(e) shall not have held State elected or appointed office; and,<br />
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(f) shall not be an Officer of the Court, a Member of the American Bar Association, nor a<br />
practicing Attorney; and,<br />
(g) shall maintain an office within the Treasury Reserve District which they represent; and,<br />
(h) shall receive a salary equivalent to the salary of a member of the United States House of<br />
Representatives; and,<br />
(i) shall, on good behavior, serve a minimum term of four years, being replaceable at the pleasure<br />
of the President of the United States with the advice and consent of the Senate except that, after<br />
initial selection of all thirteen officers, no more than four of the twelve Governors may be<br />
replaced in any one four-year period or in any one presidential term of office.<br />
(4) A Lieutenant Governor will be selected for each of the twelve Treasury Reserve District Offices<br />
in the same manner and under the same guidelines as are Governors except that, after the initial<br />
selection, more than four new selections for that office are permitted in any one presidential term<br />
when the purpose of each additional selection is to fill an office which becomes vacant. Each<br />
Lieutenant Governor—<br />
(a) shall receive a salary equivalent in amount to 85 percent of the salary of a member of the<br />
United States House of Representatives; and,<br />
(b) shall assume the powers, responsibilities, duties and salary of the Office of the Treasury<br />
Reserve District Governor upon the resignation or during any period of incapacity of the<br />
Governor of the District or in the event that the holder of that office is convicted of a felony.<br />
(5) All officers of the Board of Governors of the Treasury Reserve System will receive their written<br />
Delegations of Authority from and be sworn into office by the Secretary of the Treasury.<br />
(6) All officers of the Board of Governors of the Treasury Reserve System are hereby charged to<br />
administer the affairs of the nation’s monetary system with the sole purpose of maintaining a longterm,<br />
stable exchange value for United States Treasury credit-notes.<br />
(a) All actions undertaken by the Board will require an affirmative vote, recorded as part of the<br />
public record in the District of Columbia Office of the Director of the Board of Governors, by<br />
nine of the thirteen officers.<br />
(b) The officers need not be physically present in order to cast their vote.<br />
(D) A Treasury Reserve Account which will be administered at the sole discretion of the Board of<br />
Governors of the Treasury Reserve System is hereby established.<br />
(E) The Federal Open Market Committee of the existing Federal Reserve System is hereby abolished, its<br />
powers and responsibilities being transferred to the Board of Governors of the Treasury Reserve System.<br />
(F) All rights, titles, properties, interests, and every claim of the Board of Governors of the Federal<br />
Reserve, of all Federal Reserve Banks, of all member banks, of all Federal Reserve agents, and of all<br />
individuals, in and upon the Federal Reserve System is hereby transferred to and vested in the United<br />
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States Government to be held in and administered by the United States Treasury under the Treasury<br />
Reserve System.<br />
Section 6. Reformation Of The Federal Reserve Banks<br />
(A) The word “Federal” within the titles of the twelve existing Federal Reserve Banks is hereby changed<br />
to “United States Treasury” as “Federal Reserve Bank of New York” becomes “United States Treasury<br />
Reserve Bank of New York.”<br />
(B) At the written request of the Board of Governors of the Treasury Reserve System, the Secretary of the<br />
Treasury is hereby directed to authorize the production of United States Treasury credit-notes for the<br />
Treasury Reserve Account in sufficient quantity to complete the exchanges or replacements specified by<br />
this Act. On request of the Board of Governors or at the discretion of the Secretary of the Treasury,<br />
treasury credit-notes may be produced in any desired denominations larger than $100.00 provided that<br />
their use is restricted to the Treasury Reserve Banks, the Treasury Reserve Account, and the General<br />
Account of the United States Treasury.<br />
(C) All securities, notes, bonds or other evidences of indebtedness, whatever the source, type or issue,<br />
held by the twelve United States Treasury Reserve Banks shall be delivered to the Office of the Director<br />
of the Board of Governors of the Treasury Reserve System and exchanged for United States Treasury<br />
credit-notes from the Treasury Reserve Account at an equivalent face value of one for one. These creditnotes<br />
may be used for the ordinary operating expenses of the Treasury Reserve Banks.<br />
(D) All evidences of indebtedness and obligations of the United States other than United States Treasury<br />
credit-notes, whatever the type or issue, received in the Office of the Director of the Treasury Reserve<br />
will be delivered to the Secretary of the Treasury whereupon they shall be canceled.<br />
(E) All United States Treasury Reserve Banks are hereby declared to be Treasury agents. The Secretary of<br />
the Treasury shall distribute the standard gold and silver coin of the United States among the twelve<br />
Treasury Reserve Banks as it becomes available to the Treasury. Any individual may trade treasury<br />
credit-notes for standard gold and silver coin at any Treasury Reserve Bank at the current exchange-ratio<br />
on an as available basis.<br />
(F) United States Treasury Reserve Banks shall continue their normal operations under the Office of the<br />
Comptroller of the Currency except that they are prohibited from purchasing or holding for their own<br />
account income-producing obligations of the United States or those of other nations. This Act does not<br />
change their present clearinghouse functions.<br />
(G) The Office of the Comptroller of the Currency is hereby directed to revise or create, subject to the<br />
provisions of this Act and the approval of Congress, the necessary policies, procedures and regulations to<br />
promote the normal operation of the United States Treasury Reserve Banks. Fees charged for<br />
clearinghouse functions and other such banking services at all Treasury Reserve Banks will be uniform<br />
and approved by the Comptroller of the Currency. Treasury Reserve Banks shall not issue checks against<br />
nor otherwise make dispersals from accounts which contain no funds.<br />
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Section 7. Regulation Of Commercial Banks And Other Financial Institutions<br />
(A) All persons and every national banking association holding capital stock in former Federal Reserve<br />
Banks are hereby required to deliver that stock to the Office of the Director of the Board of Governors of<br />
the Treasury Reserve System. A compensation of one-hundred dollars ($100) plus one-half of 1 percent<br />
per month from the period of last dividend, if earned, will be paid from the Treasury Reserve Account in<br />
United States Treasury credit-notes for each share. All stock in former Federal Reserve Banks is hereby<br />
canceled, declared irredeemable 90 days after this Act becomes law.<br />
(B) All securities, notes, bonds or other evidences of indebtedness or obligations of the United States<br />
other than United States Treasury credit-notes, whatever the type or issue, held by any bank subject to the<br />
jurisdiction of the United States, whether as bank reserves or for the banks’ investment account, shall be<br />
delivered to its district’s Treasury Reserve Bank which will forward them to the Office of the Director of<br />
the Board of Governors of the Treasury Reserve System. They will be exchanged at a face value of one<br />
for one, plus earnings, if any, current to the date this Act becomes law, for United States Treasury creditnotes.<br />
The banks may receive compensation on a dollar for dollar basis from their District Treasury<br />
Reserve Bank in treasury credit-notes or as a deposit to a Treasury Reserve Bank account in their name.<br />
(C) Every bank subject to the jurisdiction of the United States is hereby prohibited from purchasing or<br />
holding for their own investment account income-producing obligations of the United States, such as<br />
Treasury bills, bonds, certificates, or notes, or those of other nations. Only United States Treasury creditnotes<br />
will be counted as bank reserves.<br />
(D) No financial institution under the jurisdiction of the United States making commercial loans of<br />
currency for profit may grant a loan to any person, or to members of their immediate family, while that<br />
person is a director, officer or employee of that financial institution nor shall a financial institution grant a<br />
loan to itself.<br />
(E) All financial institutions shall maintain separate accounts of record based on currency type. The form<br />
of currency used in any account of record will determine whether that account is an eagle (gold) account,<br />
a silver dollar account, or a credit-note dollar account. One type of account of record will not be<br />
commingled with another type of account of record. No funds of any type of account will be converted to<br />
funds of another type of account without written authorization of the owner of the funds indicating the<br />
owner’s agreement to a specific exchange-ratio.<br />
(F) All tenders in repayment which have been previously made or which are made on any secured loans<br />
outstanding on and after the date of passage of this Act with any financial institution making such loans<br />
on a fractional reserve basis will be credited to repayment of the loan principal prior to any credits being<br />
applied to any monetization-fee on that loan. Compound monetization-fees or charges on monetizationfees<br />
earned are prohibited. A service charge may be imposed by the lender for each tender in payment<br />
recorded, retroactively and on future tenders in payment, provided it does not exceed a total of 25 dollars<br />
monthly for any one loan. All new secured loans made on a fractional reserve basis may —<br />
(1) be subject to a maximum origination fee of 50 dollars or 1 percent of the principal loan amount,<br />
whichever is greater; and,<br />
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(2) be issued with a prepayment of discount points up to a maximum of 5 percent of the principal<br />
amount of the loan, the allowed maximum being proportionally decreased at the rate of 1 percent for<br />
each 1 percent increase in the loan interest rate above 7 percent.<br />
(G) Commercial banks may open and maintain accounts for their customers in any type of currency if:<br />
(1) the accounts are kept segregated by currency type; and,<br />
(2) they retain as reserve 100 percent of the deposited standard gold or silver coin or its equivalent in<br />
Treasury gold or silver certificates; and,<br />
(3) all gold and silver accounts are custody accounts only, the ownership of the funds deposited<br />
remaining vested in the depositor; and,<br />
(4) checkable accounts or travelers checks on gold accounts or silver accounts are not allowed;<br />
however, gold or silver funds on deposit may be transferred between like accounts within a bank or<br />
between like accounts of different banks within banking systems by a Lawful Money Bank Transfer<br />
Order properly authorized by the owner of the funds.<br />
(H) No bank may advertise itself as a “full service bank” if it fails to offer its customers choices of gold<br />
accounts, silver accounts, and treasury credit-note accounts.<br />
(I) In case of a bank failure or closing, regardless of the reason, the holders of gold and silver accounts<br />
will have immediate preferential treatment in the return of their deposits or a settlement of equal value.<br />
(J) The Office of the Comptroller of the Currency is hereby directed to revise or create, subject to the<br />
provisions of this Act and the approval of Congress, the necessary policies, procedures and regulations to<br />
regulate the service operations of all banks subject to the jurisdiction of the United States.<br />
Section 8. Excise Tax Imposed On Monetization-Fee Or Interest Income<br />
(A) An excise tax is hereby imposed on the monetization-fee or interest income of all financial<br />
institutions or persons, subject to the jurisdiction of the United States, who make commercial loans of<br />
currency for profit. The amount of the excise tax is calculated upon the annualized rate of the<br />
monetization-fee or interest:<br />
(1) For loans secured with physical property —<br />
(a) No excise tax imposed on income received at rates less than 5 percent; plus,<br />
(b) An excise tax of 10 percent on the portion of income received at rates between 5 percent and<br />
12 percent; plus,<br />
(c) An excise tax of 20 percent on the portion of income received at rates exceeding 12 percent.<br />
(2) For unsecured loans —<br />
(a) No excise tax imposed on income received at rates less than 10 percent; plus,<br />
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(b) An excise tax of 20 percent on the portion of income received at rates between 10 percent and<br />
20 percent; plus,<br />
(c) An excise tax of 40 percent on the portion of income received at rates exceeding 20 percent.<br />
(B) The excise taxes hereby imposed will be deposited within three working days of receipt of that<br />
income with any authorized federal depository which will transfer these funds to the Treasury Reserve<br />
Account.<br />
Section 9. Regulation Of The Exchange Value Of Treasury Credit-Notes<br />
(A) The Office of the Comptroller of the Currency will establish a method for calculating and publish at<br />
least weekly a United States Treasury Credit-Note Exchange-Value Index which will track the exchange<br />
value of treasury credit-notes against a composite list of not less than 12 nor more than 24 commonly<br />
traded items, including labor rates, rents, cost of professional services and basic commodities, excluding<br />
gold and silver. The initial list will be prepared by the Comptroller of the Currency with the approval of<br />
Congress and, once approved, will not be changed more than once in any five-year period and then only<br />
with the consent of Congress. The exact method used for calculating the Treasury Credit-Note Exchange-<br />
Value Index will remain fixed and will be published as part of the public record. The initial value of the<br />
Treasury Credit-Note Exchange-Value Index will be set at 100.000 as of the date this Act becomes law.<br />
(B) The Board of Governors of the Treasury Reserve System will administer the affairs of the nation’s<br />
monetary system by adjusting the aggregate amount of the nation’s currency and credit to maintain the<br />
Treasury Credit-Note Exchange-Value Index within a range of 97 percent to 103 percent of its initial<br />
value by using four primary regulation tools:<br />
(1) By setting the percentage of reserves required of the commercial banks. Commercial banks will<br />
not be penalized should their reserves fall below the percentage required provided —<br />
(a) the bank grants no new loans for 90 days after any day on which its reserves were below the<br />
requirement; and,<br />
(b) the bank does not call for immediate repayment of any outstanding loans which are<br />
performing within normal limits; and,<br />
(c) the reserves of a commercial bank do not fall below 50 percent of the reserve requirement, at<br />
which point the bank would be declared insolvent.<br />
(2) By setting the national discount interest rate, the interest rate at which commercial banks borrow<br />
funds from Treasury Reserve Banks.<br />
(a) Commercial banks may obtain loans from their district Treasury Reserve Bank at the national<br />
discount interest rate in exchange for their best acceptable commercial paper.<br />
(b) District Treasury Reserve Banks may obtain funds for these loans from the Treasury Reserve<br />
Account, paying that account one-half of the interest income earned as a fee for using these funds.<br />
(3) By purchasing income-producing United States Treasury obligations in the open market.<br />
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(4) And by impounding funds within the Treasury Reserve Account or by transferring funds from the<br />
Treasury Reserve Account to the General Account of the United States Treasury or by depositing<br />
funds with commercial banks. All funds within the Treasury Reserve Account are maintained<br />
separately from all other United States Treasury funds and may not be transferred, appropriated or<br />
expended by the United States Treasury except at the sole discretion of the Board of Governors of the<br />
Treasury Reserve System.<br />
Section 10. Authorization For Limited Bank Charters<br />
(A) Currently operating financial institutions such as credit unions may obtain charters as limited national<br />
banks to operate on a fractional reserve basis to grant loans within the local community if they —<br />
(1) apply to the Office of the Comptroller of the Currency; and,<br />
(2) meet the financial requirements imposed on commercial banks and the necessary policies,<br />
procedures and regulations imposed by the Office of the Comptroller of the Currency; and,<br />
(3) have a paid-up capital of at least five million dollars; and,<br />
(4) grant, under these limited operating provisions, only loans secured by physical property.<br />
(B) To meet the provisions of this section and to increase efficiency, several financial institutions located<br />
within a Treasury Reserve District may, at their request, be combined into a single organization or they<br />
may be allowed to operate in partnership with an existing bank.<br />
Section 11. Regulation Of Postal Money Orders<br />
(A) To meet the currency provisions of this Act, postal money orders will hereafter be issued in three<br />
types denominated in —<br />
(1) silver dollars in the standard currency units of 1, 1/2, 1/4, and 1/10 dollar, each with an aggregate<br />
maximum limit of 1,000 silver dollars; and,<br />
(2) eagles in integer units, no fraction of an eagle being allowed, each with a maximum limit of 10<br />
eagles; and,<br />
(3) any appropriate amount of treasury credit-note dollars with a maximum limit of 1,000 dollars<br />
each.<br />
(B) Postal money order blanks shall have distinctive color and markings for each of the three types of<br />
standard currency, those to be denominated in standard silver or gold coin being similar in appearance to<br />
their respective silver certificates and gold certificates.<br />
(C) Postal money orders shall be issued only for the type and amount of currency actually tendered.<br />
(D) The fee for issuing any postal money order shall be one dollar.<br />
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(E) Except in unusual circumstances, postal money orders shall be redeemable in the designated currency<br />
at any United States Post Office within the jurisdiction of the United States within three working days of<br />
their submittal for exchange.<br />
Section 12. Crime Defined And Punishment Established<br />
(A) Any person convicted of willfully violating the monetary and fiscal responsibility provisions of this<br />
Act resulting in aggregate losses exceeding 5,000 dollars in any 12-month period shall be deemed guilty<br />
of a felony and shall be subject, on each conviction, to a fine not exceeding 5,000 dollars, or a term of<br />
imprisonment of not more than 5 years, or both.<br />
(B) Any person convicted of any willful violation of this Act that results in the production or circulation<br />
of substandard silver or gold coin shall be deemed guilty of a felony and shall be subject on each<br />
conviction to a fine not exceeding 10,000 dollars, or a term of imprisonment of not more than 20 years, or<br />
both.<br />
(C) Any person providing information leading to the conviction of one or more individuals for the<br />
violation of any provisions of this Act shall be paid from the United States Treasury the sum of 10 eagles.<br />
(D) Any person who is not paid from the United States Treasury lawful money on demand for United<br />
States Silver Certificates or for United States Eagle Certificates according to the provisions of this Act<br />
shall be paid from the Treasury the sum of 5 eagles.<br />
Section 13. All Inconsistent Acts Repealed<br />
(A) All Acts or parts of Acts inconsistent with the provisions of this part are hereby repealed.<br />
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Part II. National Sales and Use Tax<br />
Section 1. Definitions<br />
Definitions for terms used in this part are equivalent to those of the United States Constitution or are<br />
explicitly stipulated below.<br />
Business: Includes all activities engaged in or caused to be engaged in with the object of gain, benefit or<br />
advantage, direct or indirect.<br />
Buyer: Purchaser<br />
Charitable organization: Any entity organized and operated exclusively for charitable, philosophical,<br />
scientific, testing for public safety, literary or educational purposes, or to foster national or international<br />
amateur sports competition, or for the prevention of cruelty to children or animals, provided that no part<br />
of the entity’s net earnings goes to the benefit of any private shareholder or individual.<br />
Coin: Monetized bullion or other forms of money manufactured from gold, silver, platinum, palladium,<br />
or other metals now or in the future and used as a medium of exchange in the United States or in any<br />
foreign nation.<br />
Commerce: Any kind or type of exchange of goods, productions, or property, or the rights to property<br />
offered for a consideration to the general public at large.<br />
Contrived Sale: A commercial transaction executed in an extraordinary manner for the purpose of<br />
evading the national sales and use tax otherwise due.<br />
Groceries: Food or drink advertised or marketed for human consumption and sold in the same form,<br />
condition, quantities, and packaging as is commonly sold by grocers, such as: cereals and cereal products;<br />
milk and milk products; meats and meat products; fish and fish products; eggs and egg products;<br />
vegetables and vegetable products; fruits and fruit products; sugars, sugar products and sugar substitutes;<br />
coffees and coffee substitutes; teas, cocoa and cocoa products, carbonated and non-carbonated soft<br />
(nonalcoholic) drinks; spices, condiments and salt; or any combinations of food products or food product<br />
substitutes, whether sold prepared or unprepared. The term does not encompass chewing gum, cocktail<br />
mixes, alcoholic drinks, proprietary medicines, lozenges, tonics, ice, vitamins and other dietary<br />
supplements, or food or food products not for human consumption such as pet food. Nor does it<br />
encompass food or drink served or furnished in or by cafes, restaurants, lunch counters, cafeterias,<br />
delicatessens, hotels, drugstores, social clubs, nightclubs, cabarets, resorts, snack bars, caterers, carryout<br />
shops, and other like places of business, whether fixed or mobile, such as pushcarts, motor vehicles or<br />
other mobile facilities, at which prepared food or drink is regularly sold; nor food or drink vended by<br />
machines for a vendor; nor food or drink furnished, prepared, or served for consumption on or near the<br />
premises of the retailer although such food or drink is sold on a “take out” or “to go” order and is bagged,<br />
packaged, or wrapped and taken from the premises of the retailer.<br />
Manufacture: The operation of producing a new product, article, substance, or commodity different from<br />
and having a distinctive name, character, or use from its constitute raw or prepared materials.<br />
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Person: Any individual, firm, partnership, joint adventure, corporation, estate, or trust, or any group or<br />
combination acting as a unit, but not a governmental unit, and the plural as well as the singular number.<br />
Personal property: Everything subject to ownership, not denominated as real estate; an individual’s right<br />
or interest in things personal, either corporeal, meaning moveable and tangible things such as animals,<br />
furniture, merchandise, etc., or incorporeal, meaning rights to intangible things such as personal annuities,<br />
stocks, shares, patents, copyrights, etc.<br />
Precious metal bullion: Any refined precious metal, such as gold, silver, platinum, and palladium, which<br />
is in a state or condition where its value depends primarily upon its precious metal content and not its<br />
form.<br />
Profit: A benefit, advantage or gain, particularly a pecuniary gain of excess returns over expenditures,<br />
accruing to an owner through the use or exchange of their property, or their rights to property, other than<br />
an owner’s personal labor.<br />
Property: Everything that is the subject of ownership, corporeal or incorporeal, tangible or intangible,<br />
visible or invisible, real or personal.<br />
Property rights: Any type of right to specific property.<br />
Purchase: The transfer of property or property rights from one person to another by voluntary act or<br />
agreement in exchange for a valuable consideration.<br />
Purchase price: The cost or consideration paid by the purchaser, exclusive of any direct tax imposed by<br />
territorial, state, or local government and exclusive of the national sales and use tax.<br />
Purchaser: Person who acquires property or rights to property in commerce for a valuable consideration;<br />
buyer; vendee.<br />
Real estate: Land and those things erected or growing upon it, such as buildings, fences or crops. The<br />
term embraces items such as light, plumbing and heating fixtures when permanently attached.<br />
Retailer: Person doing a retail business, known to the trade and public as such, and selling in commerce<br />
to any user or consumer; also called vendor or seller.<br />
Retail sale: All sales other than wholesale sales.<br />
Sale: The commercial exchange of property or property rights for money, for other property or property<br />
rights, or for a consideration, either immediate or over a period of time, as in an installment or credit<br />
transaction, rent or lease. The term does not include gifts to immediate family members; nor does it<br />
encompass transfers of assets among persons holding ownership interests in those assets providing such<br />
transfers are in direct proportion to their interest in either settlement or rearrangement of those interests—<br />
such as: the transfer of assets between a partner and a partnership in the formation or dissolution of the<br />
partnership; the transfer of assets between a shareholder and a corporation in the formation or dissolution<br />
of the corporation; the transfer of assets between parent and subsidiary corporations; or the repossession<br />
of personal property or property rights by a person with an ownership interest—and the purpose of such<br />
transfers is merely an exchange of assets, not to avoid the national sales and use tax otherwise due.<br />
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School: Any institution or person offering training or educational services to the public.<br />
Seller: Any person who transfers property or property rights by sale in commerce; a merchant, a retail<br />
dealer, a supplier, a retailer, a vendor; one who offers a service or buys to sell.<br />
Tangible personal property: Corporeal personal property<br />
Tax: Either a tax payable by the purchaser of property or of rights to property subject to taxation, or an<br />
aggregate amount of taxes due from the taxpayer, as the context may require.<br />
Taxpayer: Any person obligated to account to the National Tax Service for taxes payable, to be<br />
collected, collected, or due.<br />
Vendee: Purchaser<br />
Vendor: Seller<br />
Wholesale sale: A sale by manufacturers, producers or wholesalers to retail merchants, jobbers, dealers,<br />
or other manufacturers, producers or wholesalers for ultimate resale but not sales made to users or<br />
consumers not for resale, even when made by or to a recognized manufacturer, producer or wholesaler,<br />
the latter sales being deemed retail sales.<br />
Wholesaler: Person doing regularly organized wholesale or jobbing business, known to the trade as such<br />
and selling to retail merchants, jobbers, dealers, or other wholesalers for resale.<br />
The Congress finds that —<br />
Section 2. Findings<br />
(1) contrary to popularly held belief, the progressive income tax is actually regressive because it is often<br />
easily passed through as a hidden tax in the price of goods and services.<br />
(2) the progressive income tax falls most heavily and unfairly on working middleclass citizens who pay<br />
the tax twice, once when it is withheld from their wages and again as a hidden tax in the price of essential<br />
goods and services.<br />
(3) a progressive income tax is counterproductive in that it discourages industry and productive activity.<br />
(4) taxes based on personal income reduce or eliminate the incentive for recipients of government aid to<br />
become productive citizens.<br />
(5) shifting taxes from productive activity to consumption will encourage the former and discourage the<br />
latter.<br />
(6) individuals of modest means can be protected from the adverse effects of federal taxation by removal<br />
of the hidden elements of current tax policies on productive activity and by exempting groceries, rent,<br />
insurance, medicines, and some categories of previously used articles from consumption taxes.<br />
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(7) an income tax, being essentially a uniformly imposed annual tax, provides only a poor means for the<br />
regulation of commerce.<br />
(8) the very nature of the income tax, being administered as a commercial code rather than as positive<br />
law, invites constant congressional lobbying by powerful special interest groups for tax provisions that<br />
benefit themselves, often at the expense of others less able to influence legislation.<br />
(9) to remain constitutional, the current income tax system, as applied to individuals, relies on voluntary<br />
compliance for its success.<br />
(10) voluntary compliance with the federal income tax system is steadily decreasing, the number of nonfilers<br />
currently estimated at ten million, making the system increasingly non-enforceable.<br />
(11) a huge “underground” and thus untaxed economy is depriving the government of billions of dollars<br />
of revenue annually.<br />
(12) the reform of the current federal income tax system, as outlined in this Act, is necessary to eliminate<br />
its counterproductive and abusive aspects, to promote social welfare through a more equitable distribution<br />
of the national tax burden, and to improve regulation of the national commerce, all for the benefit of the<br />
American people.<br />
Section 3. Federal Income Tax Abolished<br />
(A) All federal income taxes, regardless of their nature and regardless of the nature of the entity taxed,<br />
with the exception of Social Security and Medicare payroll taxes, are hereby abolished as of 12 o’clock<br />
midnight on the date this Act becomes law.<br />
(B) All federal income tax liabilities that were contractually created to become due and payable at some<br />
unspecified future date, such as those involving property transfers or individual retirement accounts,<br />
which are not due and payable as of the date this Act becomes law, are hereby abolished.<br />
(C) All federal income tax liabilities that were due and payable on or before their abolition remain due<br />
and payable.<br />
Section 4. Revision Of The Internal Revenue Service<br />
(A) The Secretary of the Treasury shall reorganize the Internal Revenue Service, which shall hereafter be<br />
known as the National Tax Service, to administer the collection of the national sales and use tax.<br />
(B) The National Tax Service shall be structured by Regions and Districts, with Regions being defined by<br />
recognized state and territory boundaries, and Districts being defined by federal Congressional districts;<br />
with appropriate Delegations of Authority issued annually to a National Executive Director, to each<br />
Regional Executive Director and to each District Director.<br />
(C) The Secretary of the Treasury shall supervise the organization of the National Tax Service, creating<br />
such rules, regulations and procedures as are consistent with law and as are required to secure the efficient<br />
collection of the national sales and use tax.<br />
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(D) The Secretary of the Treasury is hereby charged to structure the National Tax Service and to organize<br />
its rules, regulations and procedures to make the system as paperless as possible and to take maximum<br />
advantage of state sales and use tax systems.<br />
(E) The functions of the existing Internal Revenue Service shall remain in place and continue operation,<br />
concurrent with the new National Tax Service, for one year from the date on which the income tax is<br />
abolished, to complete and close the books on all income tax liabilities that were due and payable on or<br />
before the date of their abolishment. Outstanding income tax liabilities that cannot be cost-effectively<br />
collected within this period will be discharged by writing them off as uncollectible.<br />
(F) The Secretary of the Treasury is hereby authorized to expend the additional money necessary to<br />
accomplish the objectives set forth herein, these added expenditures not to exceed in amount the actual<br />
expenditures for federal revenue collection in the previous year.<br />
Section 5. National Sales And Use Tax Imposed<br />
(A) There is hereby levied, and there shall be collected and paid, a tax of 14 percent upon the<br />
consideration or the purchase price paid or the fair market value of the retail sale or use of all property or<br />
rights to property exchanged in commerce within the jurisdiction of the United States of America,<br />
excepting those items specifically excluded from this national sales and use tax by Act of Congress.<br />
(B) Exemptions:<br />
(1) All sales to the United States government, to its departments and institutions, and to its political<br />
subdivisions, when acting in their governmental capacities only;<br />
(2) All sales of licenses, permits, passports, visas and all charges for public services or user fees made<br />
by the United States government or the governments of the States or Territories of the United States<br />
and their political subdivisions, when acting in their governmental capacities only;<br />
(3) All sales of precious metal bullion, coins, and currency;<br />
(4) All sales made to or by charitable organizations in the conduct of their regular activities or<br />
charitable functions and where their sales are not for profit and are not unduly competitive with sales<br />
made by others subject to the tax;<br />
(5) All sales made to or by nonprofit schools where the items purchased or sold by the school are not<br />
for pecuniary gain, are required for normal rather than extraordinary operation, and where all sales<br />
made to the public—such as books sold at a school-operated book store or tickets to public events or<br />
food service at school-operated cafeterias, snack bars, or student unions—remain taxable;<br />
(6) All sales of drugs dispensed by prescription; of all corrective eyeglasses, contact lenses, or hearing<br />
aids; of all therapeutic agents, devices, appliances, or their related accessories or materials when<br />
furnished, prescribed or recommended by any licensed practitioner of the medical arts for the<br />
treatment or relief of any human impairment or disability;<br />
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(7) All sales in the nature of rents or leases of real estate for which a written agreement exists<br />
providing for the exclusive use by any person for any continuous period of not less than sixty<br />
consecutive days;<br />
(8) All sales of groceries;<br />
(9) All sales of plants, livestock and fish customarily used in the production of food for human<br />
consumption; embraces—all sales of neat cattle, sheep, lambs, poultry, swine, and goats; all sales of<br />
livestock for breeding purposes; all sales of live fish for stocking purposes; all sales of feed for<br />
livestock; all sales of seeds, orchard trees or other plants for food production;<br />
(10) Incidental or occasional sales, not exceeding three events per year, of used tangible personal<br />
property where the primary motive for the transaction is trade rather than profit through commerce<br />
and where the transactions are made through use of “want ads” or as a part of a “yard” or “garage”<br />
sale;<br />
(11) Incidental or occasional sales for the purpose of recycling materials;<br />
(12) Fifty percent of the purchase price paid for the retail sale of all used tangible property exchanged<br />
in commerce, excluding remanufactured items sold with warranties exceeding 90 days;<br />
(13) Ninety percent of the purchase price paid for all secondary sales of commercial investment<br />
securities of whatever type, excluding the transferable securities of the United States government and<br />
all its political subdivisions which are exempt from the tax;<br />
(14) All sales of insurance or surety bonds;<br />
(15) Meals provided by employers to employees at their places of employment at no charge or at<br />
reduced charges which are considered as partial compensation for their labor;<br />
(16) The identified and segregated labor portion of written retail contracts, such as professional<br />
service, construction, maintenance and service industry contracts;<br />
(17) Real estate transactions to the extent that the national sales tax has been paid, or would have been<br />
paid had this Act been in force, coincidental with the previous retail transaction or for transactions in<br />
progress when this Act becomes law;<br />
(18) All sales of printed matter of a periodical nature, such as newspapers, magazines, news letters,<br />
directories and sales catalogs that are nonprofit in nature or whose primary purpose is to promote<br />
sales subject to the national sales and use tax or to carry paid advertisements subject to that tax.<br />
Section 6. Liability For And Disposition Of The National Sales And Use Tax<br />
(A) Every seller dealing in commerce shall be liable and responsible for collecting the national sales and<br />
use tax lawfully due and remitting it to the National Tax Service. Purchasers are liable for payment of the<br />
tax to the seller. The tax upon a credit sale of moveable property is due and payable in full at the time of<br />
the sale. The tax upon a credit sale or a contract for sale of immovable property where the purchase price<br />
is paid in installments is due and payable on each installment payment. If any seller transfers, sells,<br />
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assigns, or otherwise disposes of an account receivable, they shall be deemed to have received the full<br />
balance of the consideration of the original sale and shall be liable for the remittance of the tax on the<br />
balance of the total sale price not previously reported.<br />
(B) The national sales and use tax is to be collected by the seller from the purchaser only at the retail, end<br />
or final transaction and not from wholesalers, or from intermediate sales of items directly used for or<br />
incorporated into the manufacture of a product to be ultimately sold at retail, or from sales made to<br />
exempt entities such as those made by contractors or subcontractors to the United States government, to<br />
its departments and institutions and its political subdivisions when acting in their governmental capacities<br />
only, or sales made to qualified exempt organizations.<br />
(C) There is no limit to the number of times a particular article may be subject to the national sales or use<br />
tax. Each time it returns to the stream of commerce, the purchaser must pay and the seller collect and<br />
remit the tax unless the sale is exempt.<br />
(D) The burden of proving that any particular person is liable for payment, collection or remittance of the<br />
national sales and use tax shall be on the National Tax Service.<br />
(E) Tax payments made by a purchaser to a seller and documented by written receipts or certificates<br />
amount to payments by the purchaser to the National Tax Service, discharging their tax liability.<br />
(F) In case of a dispute between the purchaser and seller about whether any particular sale is exempt from<br />
the national sales and use tax, the seller shall collect and the purchaser shall pay such tax and the seller<br />
shall then issue to the purchaser a receipt or certificate showing the name of the seller and the purchaser,<br />
the item or items purchased, the date, price, amount of tax paid, and a brief statement of the claim of<br />
exemption. The purchaser may then apply, within sixty days of the date of the sale, to the District<br />
Director of the National Tax Service of the district in which the purchaser resides or in which the sale was<br />
made for a refund of taxes paid. It is the duty of the District Director, or a duly qualified deputy, to<br />
resolve the question of exemption and to provide written notice of such determination and the appropriate<br />
refund plus interest calculated at the rate of 12 percent annually, where applicable, to the purchaser within<br />
sixty days of the date of the application for refund, subject to review within one year by a court of<br />
competent jurisdiction.<br />
(G) Excess national sales and use tax inadvertently collected must be remitted to the National Tax Service<br />
when not refundable.<br />
(H) Credit Certificates equal to 10 percent of any contribution valued at $250 or more made to qualified<br />
charitable organizations shall be issued by the National Tax Service if the charitable organization is<br />
recognized by the National Tax Service, if it applies for the Credit Certificate in the donor’s name, and if<br />
it submits proof of the contribution with each application. These certificates are applicable to any national<br />
sales and use tax liability.<br />
(I) Remittances discharging a seller’s national sales and use tax liability shall be made in full to the<br />
National Tax Service at any authorized federal depository on or before the tenth day of each month for all<br />
taxable transactions occurring during the previous month. Any seller doing business in two or more<br />
locations which are in different districts may elect to make consolidated deposits and file consolidated<br />
reports in a single district.<br />
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(J) Summary documentation, also called a return or report, of monthly tax remittances may be submitted<br />
(postmarked) to the District Director of the National Tax Service of the district in which a tax deposit was<br />
made not less than five working days after the tax due date.<br />
(K) Each seller who, acting as agent for the National Tax Service, submits timely summary<br />
documentation for remitted tax is allowed to deduct 1 percent of tax deposits timely made to offset their<br />
expense in its collection and remittance. They shall also be subject to a penalty of 2.5 percent per month,<br />
cumulative each month to a maximum of 15 percent, for late deposits. Besides the penalty, late deposits<br />
shall be subject to interest charges at the rate of 1 percent per month. Inadvertent clerical errors are<br />
subject to interest but not penalty charges.<br />
(L) Credit Certificates issued by the National Tax Service are transferable in commerce and shall be<br />
accepted for tax payments at full face value at authorized federal depositories or may be remitted for tax<br />
liabilities with the summary documentation.<br />
(M) Any seller dealing in commerce who sells their business, or stock of goods, or quits business, shall be<br />
liable to file a final return with the National Tax Service within thirty days of such action. The seller’s<br />
successor in the business, if any, becomes liable for the collection and remittance of taxes on future sales<br />
and for taxes due and not remitted on current sales, unless they hold a receipt or certificate showing that<br />
the taxes were paid.<br />
(N) In cases of unusual circumstance, such as a natural disaster or a personal hardship, penalty or interest<br />
charges or any portion thereof on late deposits may be waived by a District Director of the National Tax<br />
Service or by Executive Order of the President of the United States.<br />
(O) Certificates of National Sales and Use Tax Exemption, identified by number and valid for twelve<br />
months, shall be issued to qualified and approved purchasers or sellers within sixty days of the application<br />
date made to a District Director of the National Tax Service. The District Director shall provide forms for<br />
such application and for the certificates and shall have the authority to verify that the purchaser or seller<br />
is, in fact, entitled to exempt status.<br />
(P) Sellers who make sales exempt from the national sales and use tax with valid exemption certificates<br />
issued by the National Tax Service, except those made to the United States government, are required to<br />
maintain records of such sales by item, date of sale and exemption certificate number for two years from<br />
the date of the sale. Sellers may, at their option, provide an itemized summary report to the National Tax<br />
Service of their exemption certificate sales on the same basis as if the sales had been subject to the tax.<br />
Each reporting seller making timely reports shall receive a Credit Certificate applicable to national sales<br />
tax liabilities equal to 0.15 percent of the total amount of exempt sales reported, except those made to the<br />
United States government, to cover the expense in the collection of data and the submission of the<br />
itemized summary report.<br />
(Q) Fifteen percent of the total amount of monies collected by the National Tax Service each month shall<br />
be immediately deposited to the Treasury Reserve Account and may not be transferred, appropriated or<br />
expended by the United States Treasury without authorization of the Board of Governors of the Treasury<br />
Reserve System.<br />
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Section 7. Recovery Of Taxes, Penalty, And Interest<br />
(A) All sums of money imposed by the national sales and use tax and paid by a purchaser to a seller shall<br />
be and remain public money, the property of the United States Treasury, and the seller shall hold the same<br />
in trust for the sole use and benefit of the national government until deposited at an authorized federal<br />
depository.<br />
(B) If a person neglects or refuses to pay, collect or remit the national sales and use tax as required, a duly<br />
qualified Officer of the National Tax Service shall make an assessment, based upon such information as<br />
may be available, of the amount of taxes due for the period for which the taxpayer is alleged delinquent<br />
and shall add thereto the appropriate penalty and interest on such delinquent taxes and shall within ten<br />
days of the date of the determination deliver a written Assessment / Preliminary Notice of Deficiency of<br />
the estimated taxes, penalty and interest to the alleged delinquent taxpayer by first-class certified mail to<br />
their last known address on file with the National Tax Service.<br />
(1) The Assessment / Preliminary Notice of Deficiency shall indicate and include:<br />
(a) the name of the alleged taxpayer,<br />
(b) their last known address on file with the National Tax Service,<br />
(c) the date of the Assessment / Preliminary Notice of Deficiency,<br />
(d) a statement about the alleged taxable activity upon which the alleged tax is due,<br />
(e) the amount of the tax and the date on which it was due,<br />
(f) any penalties and interest due and the date of the accrual thereof.<br />
(C) An alleged delinquent taxpayer may, within thirty days of receiving an Assessment / Preliminary<br />
Notice of Deficiency, request a hearing with a duly appointed Officer of the National Tax Service to<br />
review the facts of the case.<br />
(1) The hearing, when requested, shall be held within thirty days of the request date.<br />
(2) The District Director, or a duly qualified deputy, shall, within ninety days of the date of an<br />
Assessment / Preliminary Notice of Deficiency, review the facts of the case, including the records of<br />
any hearing(s) held, and shall make a Preliminary Determination based upon the best available<br />
information.<br />
(3) Written notice of the Preliminary Determination shall be delivered to each person receiving an<br />
Assessment / Preliminary Notice of Deficiency by first-class certified mail to their last known address<br />
on file with the National Tax Service. A Preliminary Determination may dismiss the Assessment /<br />
Preliminary Notice of Deficiency, or may revise and reissue an Assessment / Preliminary Notice of<br />
Deficiency, or may issue a Final Notice of Deficiency.<br />
(4) A Final Notice of Deficiency shall indicate and include:<br />
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(a) the name of the taxpayer,<br />
(b) their last known address on file with the National Tax Service,<br />
(c) the date of the Final Notice of Deficiency,<br />
(d) the amount of the tax and the date on which it was due,<br />
(e) any penalties and interest due and the date of the accrual thereof, and<br />
(f) a notice of lien that the National Tax Service claims a first and prior lien on the taxpayer’s<br />
business property as provided by law.<br />
(D) A person receiving a valid Final Notice of Deficiency from a District Office of the National Tax<br />
Service may, within thirty days of receiving such notice, challenge the notice by:<br />
(1) remitting the amount of the alleged tax, including any penalties and interest, and filing a written<br />
appeal for refund stating the pertinent facts of the case and the reason(s) for the refund request with<br />
the Regional Executive Director of the National Tax Service, or;<br />
(2) posting a third-party surety or a cash bond for the alleged tax, excluding any penalties and interest,<br />
with the National Tax Service and filing suit for relief with a court of competent jurisdiction, or;<br />
(3) claiming inability to post bond or inability to pay the tax, penalty or interest without suffering<br />
undue damage and petitioning a court of competent jurisdiction for a review of the facts in the case<br />
and, at the court’s discretion, immediate dismissal of all or any part of the alleged liability.<br />
(E) The Regional Executive Director, or a qualified deputy, shall, within sixty days of the date of an<br />
appeal for refund of taxes paid under a Final Notice of Deficiency, review the appeal and issue a Final<br />
Determination. No penalties shall accrue after the date of filing this appeal. A Final Determination shall<br />
either affirm, revise or dismiss the Final Notice of Deficiency. Revisions or dismissals in favor of the<br />
applicant shall be accompanied with an applicable refund of excessive monies paid, if any, plus the<br />
interest due on such monies calculated at the rate of 12 percent annually. The issuance of a Final<br />
Determination by the National Tax Service, whether or not accompanied by a refund, shall not be<br />
construed to prohibit any person from seeking relief for damages from courts of competent jurisdiction.<br />
(F) Taxpayers who are successful in obtaining relief, including partial relief, in courts of competent<br />
jurisdiction from false allegations of national sales and use taxes owed shall be awarded by the court<br />
monies equal to the sum of their legal fees plus twice the amount of tax relief ordered by the court.<br />
Taxpayers who are unsuccessful in obtaining relief in courts of competent jurisdiction from allegations of<br />
national sales and use taxes owed shall be subject, at the court’s discretion, to the payment of court costs,<br />
of all legal fees, and, in cases where surety rather than cash bonds were posted with the National Tax<br />
Service, the accrued amount, as of the date of the court’s decision, of penalties and interest on taxes owed.<br />
(G) The National Tax Service may treat any taxes, penalties and interest shown on an unchallenged Final<br />
Notice of Deficiency that is more than sixty days old as a debt due the National Tax Service. The District<br />
Director, or a duly qualified deputy, may issue a Notice of Levy against the business goods and business<br />
fixtures of any seller dealing in commerce, said Notice of Levy being delivered by registered mail to the<br />
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seller at the seller’s last known address or posted at the seller’s place of business. A Notice of Levy shall<br />
indicate:<br />
(1) the name of the taxpayer,<br />
(2) their last known address on file with the National Tax Service,<br />
(3) the date of the Notice of Levy,<br />
(4) the amount of the tax and the date on which it was due,<br />
(5) any penalties and interest due and the date of their accrual.<br />
(H) In an attempt to settle the alleged tax debt expressed in a Final Notice of Deficiency, ten days after<br />
the delivery or posting of a valid Notice of Levy, the District Director, or a duly qualified deputy, may file<br />
a certified copy of the Notice of Levy with any appropriate local Clerk’s or Recorder’s Office.<br />
(1) Collection of any alleged tax debt by levy may not proceed until a warrant for distraint is issued<br />
by a court of competant jurisdiction. A warrant of distraint may be issued only upon presentment of<br />
facts to create probable cause and supported by a sworn or affirmed oath. The presentment of facts<br />
and oath shall become part of the record against the alleged taxpayer.<br />
(2) Upon issuing a warrant of distraint the District Director, or a duly qualified deputy, may request<br />
the Attorney General or any District Attorney to commence action for recovery of taxes, penalty and<br />
interest due, or may issue a warrant directed to the local Sheriff or to the chief law enforcement<br />
officer of any political subdivision of the States or Territories of the United States, authorizing the<br />
Officer, as provided by law and subject to the additional limitations listed herein, to levy upon, seize<br />
and sell sufficient business goods and business fixtures of the seller as may be found within the<br />
Officer’s jurisdiction. Local Sheriffs or chief law enforcement officers shall be entitled, for the<br />
execution of valid warrants, to such fees as are allowed by law for similar services.<br />
(I) The national sales and use tax shall be a first and prior lien upon the business accounts, business<br />
goods, and business fixtures of any seller dealing in commerce, excepting any stock of perishable goods<br />
sold or for sale in the ordinary course of business, and shall take precedence, except as otherwise<br />
provided herein, on all such business property over other liens or claims of whatsoever kind or nature.<br />
(1) No notice of lien shall be filed without proper certification. Certification shall indicate and<br />
include:<br />
(a) that an Assessment / Preliminary Notice of Deficiency was properly issued,<br />
(b) that a hearing was held within 30 days or that a hearing was not requested,<br />
(c) that the District Director reviewed the facts within 90 days of the hearing,<br />
(d) that a Preliminary Determination was issued,<br />
(e) that a Final Notice of Deficiency was issued.<br />
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The National Economic Stabilization and Recovery Act<br />
(J) The real or personal property, not used in business, of a seller dealing in commerce, shall be exempt<br />
from tax levies and liens against that seller if such property can be reasonably identified as not being used<br />
in business.<br />
(K) The real or personal property of an innocent third party owner who has made a bona fide lease to a<br />
seller dealing in commerce shall be exempt from tax levies and liens against that seller if such property<br />
can be reasonably identified from the lease description and that the lessee has no present or future<br />
ownership rights to the property listed.<br />
(L) The national sales and use tax for any period, including any associated interest and penalties, shall not<br />
be assessed, nor shall any Notice of Levy be issued, or warrant for collection issued, or suit for collection<br />
begin, nor any other action to collect the same be commenced more than two years after the date on which<br />
the tax was payable or due.<br />
(1) No collection action of any kind, other than suits in courts of competent jurisdiction, shall<br />
continue more than three years after the date on which the tax was due.<br />
(2) A Notice of Levy, even when valid and properly filed, is automatically invalid three years after<br />
the date when the taxes indicated were due.<br />
(3) Before the period of limitation expires, the taxpayer and the District Director, or a duly qualified<br />
deputy, may agree in writing to an Offer in Compromise in partial settlement of taxes due or to an<br />
extension of the limitation for a specified period, and that period may be subsequently similarly<br />
extended.<br />
(M) The remedies of liens and levies against personal property and of garnishment shall not apply to the<br />
collection of assessed national sales and use taxes, or to penalties and interest imposed thereon, nor shall<br />
such collection action be taken against the stockholders, other than the responsible officers, of a<br />
corporation nor against the partners of a partnership, other than the general partner or the responsible<br />
officers of the partnership.<br />
(N) All liabilities for the national sales and use tax plus any imposed penalties and interest are<br />
immediately dischargeable in an action of bankruptcy by a court of competent jurisdiction.<br />
Section 8. Crime Defined And Punishment Established<br />
(A) It is unlawful for any seller to suggest in any way, directly or indirectly, that the national sales or use<br />
tax imposed on any subject transaction will be assumed or absorbed by the seller, or that it will not be<br />
added to or included within the purchase price, or that if added to or included within the purchase price it,<br />
or any part of it, will be refunded. Any seller convicted within three years of the date of this offense shall<br />
be deemed guilty of a misdemeanor and shall be subject upon each conviction to a fine of not more than<br />
one thousand dollars, or a term of imprisonment of not more than six months, or both.<br />
(B) Any person knowingly participating in one or more sales taxable under this Act and willfully failing<br />
to pay or to collect and remit the tax, or collecting and willfully failing to remit the tax to the National<br />
Tax Service, or of participating in a contrived sale, or conspiring to evade the tax, even when the tax is<br />
disputed, where the cumulative amount of the tax in any consecutive twelve-month period, excluding<br />
interest and penalties, equals more than one hundred dollars but less than one thousand dollars, shall, if<br />
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convicted within three years of the offense, be deemed guilty of a misdemeanor and shall be subject upon<br />
each conviction to a fine of not more than one thousand dollars, or a term of imprisonment of not more<br />
than six months, or both.<br />
(C) Any person knowingly participating in one or more sales taxable under this Act and willfully failing<br />
to pay or to collect and remit the tax, or collecting and willfully failing to remit the tax to the National<br />
Tax Service, or of participating in a contrived sale, or conspiring to evade the tax, even when the tax is<br />
disputed, where the cumulative amount of the tax in any consecutive twelve-month period, excluding<br />
interest and penalties, equals more than one thousand dollars shall, if convicted within three years of the<br />
offense, be deemed guilty of a felony and shall be subject upon each conviction to a fine of not more than<br />
five thousand dollars, or a term of imprisonment of not more than two years, or both.<br />
(D) Any person knowingly making fraudulent use of, or of conspiring to fraudulently use, a Certificate of<br />
National Sales and Use Tax Exemption, whether or not for monetary gain, shall, if convicted within three<br />
years of the date of this offense, be deemed guilty of a felony and shall be subject upon each conviction to<br />
a fine of not more than five thousand dollars, or a term of imprisonment of not more than two years, or<br />
both.<br />
Section 9. All Inconsistent Acts Repealed<br />
(A) All Acts or parts of Acts inconsistent with the provisions of this part are hereby repealed.<br />
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The National Economic Stabilization and Recovery Act<br />
Appendix A<br />
Part I. Banking and Monetary Reform Explanation and Details<br />
In a battle of knowledge between the lawyer-politicians and the public, the people fight unarmed. An elite<br />
group dominates through legal finesse. It holds the high ground, establishing rule with nothing more than<br />
technical words written on paper and a few simple principles adopted from Lex Mercatoria, nowhere<br />
officially recorded. Its real power emanates from control of America’s institutions, primarily those<br />
dealing directly with monetary and fiscal policy. Misuse of this power for its own purposes, with<br />
considerable encouragement from voters expecting to get something for nothing, led to the nation’s<br />
current economic predicament. The easiest way out of this mess requires new monetary and fiscal<br />
policies. Both systems desperately need renovation.<br />
Monetary policy controls money creation. Most of these rules have changed little since 1913 when they<br />
were first implemented. Despite the modern appearance of the buildings and shiny new computers of the<br />
nation’s financial institutions, our monetary system is antiquated. Modern computers process numbers<br />
faster but do not improve the system’s outdated fundamental operations.<br />
The proposed bill, the National Economic Stabilization and Recovery Act, increases the efficiency of the<br />
monetary system and immediately eliminates part of the national debt. One way or another, that $20<br />
trillion debt, impossible to pay, must soon be discounted. Under current economic conditions and<br />
systems’ rules, this requires either general depression or hyperinflation. Both methods wipe debt off the<br />
books; both are painful processes. <strong>NESARA</strong> proposes a third method. By changing the rules it offers an<br />
engineered solution to the problem rather than insisting on additional sacrifice from those who have little<br />
more to contribute.<br />
Modification of the nation’s monetary system starts with the definitions in Section 1 of Part I, Banking<br />
and Monetary Reform. Words often have legal definitions that differ from popular or colloquial usage.<br />
“Dollar” is a unit of measurement, specifically, a unit of weight equal to 371 and 1/4 grains. A price of<br />
ten dollars is semantically equivalent to a price of ten gallons. Gallons? Gallons of what? Practical<br />
applications demand an additional clarification. Individuals usually supply the answer through ignorance<br />
in the form of assumed knowledge. Their stock seems unlimited.<br />
Words build sentences. Sentences frame ideas. Ideas lawfully expressed in statutes become law. Changing<br />
definitions of words after the fact corrupts the law. The lawyer-politicians make effective use of this tactic<br />
with one exception—their attacks on the U.S. Constitution.<br />
In order for it to have reasonable construction the words in the Constitution must be taken at their obvious<br />
historical meaning. In 1824 Chief Justice Marshall wrote, “As men, whose intentions require no<br />
concealment, generally employ the words which most directly and aptly express the ideas they intend to<br />
convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be<br />
understood to have employed words in their natural sense, and to have intended what they have said.”1<br />
On occasion, the lawyer-politicians, attempting to evade clear constitutional intent by changing the<br />
meaning of a word, encounter someone like Justice Mahion Pitney of the 1920 Supreme Court. He<br />
1 Opinion of Chief Justice John Marshall, Gibbons v. Ogden, 22 U.S. 1, 6 L Ed 23, p. 68<br />
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The National Economic Stabilization and Recovery Act<br />
declared that “Congress cannot by any definition it may adopt conclude the matter, since it cannot by<br />
legislation alter the Constitution, from which alone it derives its power to legislate, and within whose<br />
limitations alone that power can be lawfully exercised.”2<br />
Definitions are important. Misunderstanding the meaning of words used in the proposed bill might result<br />
in an incorrect interpretation of the statute’s intent when it becomes law. Furthermore, all definitions must<br />
conform to those used in the Constitution. Pay close attention to the specific definitions given for “bills of<br />
credit,” “eagle,” “interest,” “lawful,” “legal,” “legal-tender,” “money,” “payment,” “seigniorage,”<br />
“specie” and “tender.” All of the ideas found in <strong>NESARA</strong> are based on the simple legal definitions of a<br />
few dozen words.<br />
Section 2 of Part I lists some obvious items as likely findings of Congress. The purpose of this section is<br />
to state the relevant facts about the issue addressed and explain why a new law is needed. New laws<br />
should not be passed without serious justification because their current total volume exceeds the ability of<br />
any human to know, let alone comply with all of them.<br />
Section 3 of Part I acknowledges congressional control of the United States monetary system. This<br />
authority originates with the Constitution, contained in its monetary powers and disabilities<br />
• Article I, §8, cl. 2—The Congress shall have the Power …To borrow Money on the credit of the<br />
United States[.]<br />
• Article I, §8, cl. 5—The Congress shall have the Power …To coin Money, regulate the Value thereof,<br />
and of foreign Coin, and fix the Standard of Weights and Measures[.]<br />
• Article I, §8, cl. 6—The Congress shall have the Power …To provide for the Punishment of<br />
counterfeiting the Securities and current Coin of the United States[.]<br />
• Article I, §10, cl. 1—No State shall …coin Money; emit Bills of Credit; make any Thing but gold and<br />
silver Coin a Tender in Payment of Debts…<br />
Clearly the nation’s monetary system is under the control of Congress.<br />
In Section 4 of Part I Congress exercises its monetary power, directing the United States Treasury to<br />
produce three new kinds of currency: treasury credit-notes, standard silver coin, and standard gold coin.<br />
Treasury credit-notes “in sufficient quantity to replace all outstanding United States legal tender paper<br />
currency of every type” will become the bulk of the nation’s currency. All printing of previously<br />
authorized paper currency is now prohibited. Natural circulation and the resultant wear and tear will<br />
eventually eliminate the old paper currency, predominantly Federal Reserve Notes, except those items<br />
held as collectibles. Existing gold and silver certificates will not be redeemed in specie but are still usable<br />
under their current legal tender status. The bill authorizes but does not mandate production of new silver<br />
certificates and new gold certificates that are redeemable. It also provides general specifications and<br />
limitations for their production along with remedies for failure to meet those limitations.<br />
Congress further directs the Secretary of the Treasury to begin maximum production of standard United<br />
States gold and silver coin according to the general instructions provided. A standard design unchanged<br />
for thirty years and the marking of all coins produced within a decade with the same date works to limit<br />
an excessive exchange value for the coins as collectibles and to promote their circulation.<br />
2 Eisner v. Macomber, 252 U.S. 189, 64 L Ed 521 (1920)<br />
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The National Economic Stabilization and Recovery Act<br />
<strong>NESARA</strong> opens the public mints to unlimited coinage. Anyone may bring gold or silver bullion to these<br />
mints to be coined. A charge, called seigniorage, keeps them self-supporting. It raises the exchange value<br />
of the standard coin to a point above the exchange value of its bullion content, another way of protecting<br />
its circulation. In addition, seigniorage makes feasible the operation of private mints in competition with<br />
government mints, assuring the efficiency of both. The Secretary of the Treasury is directed to promote<br />
and regulate such operations.<br />
Notice that unlimited coinage at the national mints of privately owned bullion has the effect of monetizing<br />
not just U.S. owned precious metal, but the entire world supply. By honestly following this simple plan<br />
the United States will become the monetary capital of the world, its currency immediately acceptable at<br />
the published exchange-ratios anywhere on the planet. And this is accomplished at no cost to the<br />
government.<br />
The benefits of a moral monetary system extend beyond the borders of any nation. Imagine what would<br />
have happened if the United Nations had adopted this plan and obtained its financial support from a small<br />
tax on the international trade of its members. Undoubtedly, the world today would be a far different place.<br />
Maintaining three types of currency in simultaneous circulation requires practical solutions to two<br />
problems: One is nomenclature; the other is regulation of their exchange-ratios.<br />
The term “dollar” has been corrupted by popular use so far beyond its original constitutional meaning that<br />
its recovery seems improbable. Under these circumstances the most appropriate solution is to assign the<br />
term “dollar” or the symbol “$” without other qualifiers to designate United States Treasury credit-notes<br />
or its subdivisions such as clad token coins and subsidiary token coins of base alloys. In contrast,<br />
terminology designating standard silver coin must contain the word “silver” as a qualifier. The term<br />
“eagle” seems adequate to identify the new standard gold coin. Specific historical coins can be identified<br />
by date and description.<br />
To avoid the problems often encountered with fixed exchange-ratios, Congress directs the Secretary of<br />
the Treasury to determine and publish the exchange-ratios between the various currencies. This method,<br />
established as a matter of law, discharges Congress’s constitutional obligation to “regulate the Value<br />
thereof.”<br />
Treasury credit-notes enjoy a limited legal-tender status as a default medium of exchange. If parties to a<br />
mercantile transaction fail to specify a specific medium of exchange, such as standard silver dollars or<br />
eagles, the courts must assume they intended to use treasury credit-notes. Of course, as the issuing agent,<br />
the government must accept them in payment of all taxes and fees.<br />
Other provisions of this section give the new coinage a distinctive shape, useful for the visually impaired,<br />
and specify the method to compensate for abrasion. <strong>NESARA</strong> also repeals all existing laws authorizing<br />
government seizure of precious metals or prohibiting the recovery and use of the bullion content of lawful<br />
coin. This enables artists to use either the coin itself or its metal content in their works. It also encourages<br />
public enforcement of the regulation of their exchange-ratio because the coins may be melted to recover<br />
the intrinsically valuable bullion without penalty.<br />
Section 5 of Part I identifies the Federal Reserve Act of 1913 as the Act amended by this bill, using its<br />
original provisions for the dissolution and recovery of assets of the Federal Reserve System. In effect, this<br />
section transfers all rights and ownership of whatever kind that anyone may have in the Fed, everything<br />
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The National Economic Stabilization and Recovery Act<br />
from the dust on its chandeliers to the spiders under its foundations, to the United States Government. It<br />
assimilates the existing Federal Reserve System into the United States Treasury as the United States<br />
Treasury Reserve System and creates a new Board of Governors. The character of this new Board is<br />
established by specifying that twelve of its thirteen officers are ordinary citizens representing their<br />
districts, a design patterned after the jury system.<br />
To encourage only conservative actions, <strong>NESARA</strong> reduces the current wide range of sometimes<br />
confusing and often conflicting objectives imposed on the existing Federal Reserve System to the single<br />
objective of maintaining a long-term, stable exchange value for the new treasury credit-notes. Every<br />
action by the new Board of Governors requires an affirmative vote by nine of its thirteen officers.<br />
Some of the Board’s prerogatives are expanded. The existing Federal Open Market Committee of the<br />
Federal Reserve System is abolished, its powers and responsibilities transferred to the new Board of<br />
Governors. Also, a special account within the United States Treasury Reserve System called the Treasury<br />
Reserve Account is established, to be administered at its sole discretion.<br />
Section 6 of Part I renames the twelve existing private Federal Reserve Banks as Treasury Reserve<br />
Banks, now public entities. It establishes a requisition and accounting method for the Treasury to track the<br />
production and distribution of treasury credit-notes. Denominations larger than $100 are allowed,<br />
provided their circulation is not public.<br />
All financial instruments held by the twelve United States Treasury Reserve Banks shall be delivered to<br />
the Office of the Director of the Board of Governors of the Treasury Reserve System and exchanged for<br />
treasury credit-notes from the Treasury Reserve Account at an equivalent face value of one for one. These<br />
treasury credit-notes may then be used for the ordinary operating expenses of the Treasury Reserve<br />
Banks. This will effectively eliminate or keep the necessary charges for their services very low for an<br />
extended period. It also provides one method of slowly releasing them into general circulation, preventing<br />
economic shock. Once these funds have been expended, the Treasury Reserve Banks must charge a<br />
sufficient amount for their services to remain self-supporting.<br />
As the obligations of the United States are received in the Office of the Director of the Treasury Reserve<br />
System, they will be delivered to the Secretary of the Treasury. Appropriate action by the Secretary<br />
cancels them out of existence. Notice that all commercial instruments other than those of the United<br />
States, such as private commercial paper and the financial instruments of other nations, remain under the<br />
control of the Board of Governors of the Treasury Reserve System.<br />
The Office of Comptroller of the Currency becomes responsible for regulation of the United States<br />
Treasury Reserve Banks. Except for an absolute prohibition against making dispersals from accounts that<br />
contain no funds, they continue normal operations. Their exact status is deliberately left as an open<br />
question. The Comptroller of the Currency may operate them under commercial contracts or the current<br />
staff might become government employees. It is contemplated that, at some future time, their physical<br />
assets and ordinary banking functions might be sold back into the private sector. This option should be<br />
kept open.<br />
United States Treasury Reserve Banks now operate as direct agents of the Treasury. They obtain the<br />
standard gold and silver coin from the Treasury as it becomes available. Individuals may exchange their<br />
paper currency for coin at the published ratios.<br />
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Section 7 of Part I compensates the former owners of the private Federal Reserve Banks for cancellation<br />
of their outstanding capital stock. They are paid in newly printed treasury credit-notes at the price<br />
previously fixed by law. Stock not redeemed in 90 days becomes worthless.<br />
All government obligations, both foreign and domestic, held by the nation’s commercial banks are<br />
exchanged for treasury credit-notes, on a dollar for dollar basis, with their district Treasury Reserve<br />
Banks. Ultimately, the Secretary of the Treasury cancels the U.S. obligations. The new law prohibits<br />
commercial banks from purchasing or holding the income-producing instruments of the United States, or<br />
those of other nations, effectively eliminating much of their influence on monetary policy.<br />
These actions amount to a direct reduction of the public debt, and at virtually no cost. To see how this is<br />
accomplished, follow the money’s path. The Treasury prints new money, swapping it for the<br />
government’s income-producing obligations held by the old Federal Reserve System. When this system is<br />
absorbed into the Treasury, it gets that money back, essentially paying itself for its own obligations with a<br />
small printing cost. Using this money again, the Treasury buys its income-producing obligations currently<br />
held by more than ten thousand of the nation’s banks, either as fractional reserves or for their own<br />
investment accounts. The Secretary of the Treasury then cancels these government obligations,<br />
eliminating billions of dollars of public debt.<br />
By limiting commercial bank reserves to treasury credit-notes, which produce no direct income, the<br />
national economy remains largely unaffected. Most of the exchanged treasury credit-notes rest quietly in<br />
bank vaults as reserves, out of the stream of commerce. Because they are not in public circulation, they do<br />
not bid the price of consumer goods higher.<br />
Swapping treasury credit-notes for the government’s income-producing obligations is remarkably fair. It<br />
prevents taxpayer support of the banks through double use of the same funds, first as income producers<br />
for the banks and then as an expansion base for the banks’ monetization of the public’s debt. From now<br />
on, commercial banks must earn their living through direct service to the community, not at taxpayers’<br />
expense.<br />
Similarly, the private debt of the American people can be reduced by astronomical amounts simply by<br />
requiring repayment of principal on secured loans before a bank begins to earn the monetization-fee and<br />
by prohibiting compounded monetization-fees. These rules would only apply to financial institutions that<br />
make secured loans on a fractional reserve basis. Such loans are nothing more than monetization of the<br />
borrower’s own debt, an extension, not of bank credit, but of the national credit through the bank’s license<br />
to create money.<br />
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The National Economic Stabilization and Recovery Act<br />
Current loan equations based upon compounded interest:<br />
where:<br />
T = total amount of debt<br />
P = principal; equal to the original investment<br />
i = interest rate per interval, expressed as a decimal<br />
n = number of equal intervals<br />
where:<br />
R = amount of periodic payment<br />
L = amount of the loan<br />
i = interest rate per interval, expressed as a decimal<br />
n = number of equal payments<br />
( ) n<br />
i<br />
T = P 1+<br />
i<br />
R = L<br />
−<br />
1 −<br />
New loan equations based upon simple monetization fee:<br />
b<br />
( ) n<br />
1 + i<br />
1+<br />
Rr<br />
=<br />
1+<br />
2nfm<br />
2n<br />
1<br />
n =<br />
Rr<br />
fm<br />
+ 2<br />
2Rr<br />
fm<br />
C f = nRr<br />
= 1+<br />
2R<br />
M b = LRr<br />
C = nM = LC<br />
where:<br />
Rr = repayment rate, $ per $ per month<br />
n = number of equal payments, months<br />
fm = bank monetizing-fee per month, expressed as a decimal<br />
Cf = cost factor for the loan<br />
L = amount of the loan<br />
Mb = base monthly payment<br />
Cb = base cost for the loan<br />
b<br />
f<br />
r<br />
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The National Economic Stabilization and Recovery Act<br />
Applying these rules to outstanding loans immediately reduces the private debt of the American people.<br />
Lowering the debt-service burden associated with secured loans allows an ordinary working family a<br />
modern lifestyle it can afford. It also assures that the banks fulfill a very necessary “public purpose”<br />
which, as the Supreme Court noted in 1896, was the reason for their creation by the government.<br />
Banks are compensated for this midstream change in rules in several ways—by a monthly service charge<br />
not exceeding 25 dollars, retroactively and on future loans, and by origination fees and points on new<br />
loans. Discount points are limited to a maximum of 5 percent of the principal loan amount and reduced<br />
proportionally as the annualized rate of the monetization-fee increases. This encourages low rates.<br />
Under these rules, and in the absence of fraud, bank failures and taxpayer bailouts become a thing of the<br />
past. It will be almost impossible to suffer loss on a secured domestic loan with the principal paid up<br />
front. And, in contrast to the perpetual expansion of compounded interest charges, the new repayment<br />
equations always converge to zero under any repayment plan. Defaults occur only if the borrower fails to<br />
make the payments specified in the original contract or to arrange for new terms through renegotiation.<br />
The Office of the Comptroller of the Currency is responsible for the day-to-day regulation and normal<br />
operation of the nation’s commercial banks. With all regular banking operations controlled from this<br />
office, the Board of Governors of the Treasury Reserve System can concentrate on monetary policy.<br />
Several restrictions are imposed by Congress on all financial institutions operating within the jurisdiction<br />
of the United States. To avoid the appearance of impropriety they may not grant loans to themselves nor<br />
to their directors, major stockholders, officers or employees or to members of their immediate families.<br />
To reduce public confusion, and the opportunity for mismanagement of funds, separate accounts of record<br />
must be maintained for each type of currency. Converting funds between any two of the three different<br />
types of accounts requires the written authorization of the owner.<br />
All gold and silver accounts are custody accounts only, the ownership of these funds remaining vested in<br />
the depositor. These specie accounts earn no income because they can never be used as fractional reserves<br />
for credit expansion or as the basis for loans. A financial institution may even impose service charges for<br />
their maintenance. Checkable accounts or travelers checks on gold or silver accounts are strictly<br />
prohibited, blocking another avenue for fraudulent activity.<br />
On the positive side, gold and silver accounts help satisfy Congress’s moral and constitutional obligations<br />
for creating a lawful currency system. Individuals not wishing to participate in a fractional reserve money<br />
system have a clear alternative. If a financial institution fails, the owners of gold and silver accounts<br />
receive preferential treatment for recovery of their funds. Such accounts may also prove useful in<br />
international trade.<br />
This bill forces no one to use hard currency. A casual look at the figures and that impractical dream of the<br />
‘goldbugs’ evaporates like dew in the hot morning sun. The United States holds a trifle more than 260<br />
million troy ounces of gold as monetary reserves, roughly 28 percent of the world’s total, or about one<br />
eagle for every citizen. Selling it at $400 per ounce, above the current market price, raises only a little<br />
more than $100 billion. That amount pays approximately five months interest on the nation’s outstanding<br />
debt.<br />
What about silver? True, the U.S. Treasury owns more silver than gold but it is worth much less. The<br />
world’s total reserve base is only about 420,000 metric tons. Coin all of it into silver dollars, nearly 17.5<br />
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billion of them, and sell them at $4 each, a little more than the current market price. The total, $70 billion,<br />
will not pay the interest charge on the national debt for four months.<br />
Merely hinting that the United States intended to sell all its gold and silver at market prices would drop<br />
their value into the cellar. Mining stocks would plummet. Gold and silver mines would close as their<br />
operation became unprofitable. It would be much cheaper to mine the U.S. Treasury.<br />
Monetizing all the nation’s gold and silver will not pay any portion of the national debt. Bank accounts in<br />
lawful money will be restrictive, earn no interest and may suffer the insult of maintenance charges. It is<br />
most unlikely that specie will return to general circulation. Much of it remained in bank vaults even while<br />
the nation was on various metallic standards. Facing these difficulties, why bother with a complex system<br />
using three types of currency?<br />
With a cast of characters selected and the stage set, use your imagination and let the play begin. Suppose<br />
that Congress instructs the Treasury to sell small-denomination, nontransferable interest-bearing gold and<br />
silver savings bonds to U.S. citizens through their bank specie accounts. These bonds are redeemable in 5<br />
to 20 years, interest paid annually, calculated in specie but paid in treasury credit-notes at the current<br />
exchange-ratio. Americans could exchange their paper currency for lawful money, deposit it in a specie<br />
bank account, then convert those funds to interest-bearing gold or silver savings bonds.<br />
This immediately creates a tremendous circulating market for the Treasury’s gold and silver coin, most of<br />
which never leaves its vaults. The sale of $50 billion in specie bonds at par removes that amount in paper<br />
currency from general circulation. Because they are nontransferable, the bonds never enter the stream of<br />
commerce and cannot replace the paper currency. Nor can they be used as bank reserves. Due to the<br />
expansion factor built into the fractional reserve monetary system, the nation’s available currency and<br />
credit drops, perhaps by $500 billion.<br />
At the least this move is sharply deflationary, and probably recessionary. Since the nation’s aggregate of<br />
currency and credit is only about $3,000 billion, the government would have to increase the money supply<br />
before the economy collapsed. Suppose Congress decides to accomplish this by redistributing the<br />
proceeds from the bond sales as restricted bank reserves, setting the restricted reserve requirement at 10<br />
percent. State and local governments could borrow funds for infrastructure projects from local banks<br />
equal to 10 times the reserve amounts, provided taxpayers agree to new taxes to repay the loans.<br />
Everybody wins. The federal government, using the bullion now collecting dust at the Treasury, redirects<br />
a significant portion of net national production toward rebuilding a crumbling America—new roads,<br />
bridges, and other public facilities including water supply and waste disposal plants. Bankers earn a fee<br />
for handling the transaction. Voters get back into the loop. Proposed projects die without local approval.<br />
And, because principal is repaid before the monetization-fee, low debt-service factors on long-term<br />
projects keep the cost down and taxes low.<br />
If this strategy seems vaguely familiar, it should. Jay Cooke would recognize it as the flip side of his plan<br />
to finance the Civil War. In this instance the government leverages its gold and silver to generate billions<br />
of dollars for much-needed capital improvements. Wise selection of public projects will increase national<br />
efficiency, ultimately lowering the nation’s debt. The financing technique employed is an adaptation of<br />
the Guernsey plan. It keeps local bankers and voters directly involved where it counts the most, their<br />
pocketbooks.<br />
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Other versions of this general strategy may apply in international commerce. A foreign nation—China,<br />
Russia, India, South Africa—having gold and needing technological assistance and investment capital for<br />
infrastructure projects might find both in an American corporate partner. Suppose that the foreign gold is<br />
delivered to the U.S., coined and deposited in a gold account. With Congressional approval, those funds<br />
are converted to gold savings bonds, the proceeds being designated as restricted bank reserves for a loan<br />
to finance a specified project.<br />
Everybody wins again. The foreign partner gets an infrastructure project—a national communications<br />
system, power production or transmission facilities, a water or sewage treatment plant, heavy construction<br />
equipment, etc.—financed at a very low debt-service burden. An American corporation gets a major<br />
international sale, creating local jobs and reducing this nation’s trade deficit. The bank earns its fee and,<br />
after loan repayment, the gold is returned with interest, or perhaps recycled into a new project.<br />
When conventional solutions fail, consider creative alternates. Fair deals work for everybody. Foreign aid<br />
projects that benefit the American taxpayer while helping others make good sense.<br />
Section 8 of Part I imposes a progressive excise tax on the monetization-fee or interest income of all<br />
financial institutions or persons who make commercial loans of currency for profit. These provisions raise<br />
revenue for the government but also, and perhaps more important, discourage excessive debt-service<br />
burdens. This tax is especially appropriate for those financial institutions that use a government-issued<br />
license to operate a fractional reserve system.<br />
In Section 9 of Part I Congress creates a United States Treasury Credit-Note Exchange-Value Index.<br />
This index, initially set at 100, tracks the exchange value of treasury credit-notes. Congress then directs<br />
the Board of Governors of the Treasury Reserve to adjust the sum of the nation’s currency and credit to<br />
maintain that value, setting the target range between 97 and 103. These provisions eliminate the<br />
conflicting goals of monetary policy.<br />
The Board of Governors administers monetary policy through four major regulation tools: 1) by setting<br />
the percentage of reserves required of commercial banks; 2) by setting the national discount interest rate,<br />
the rate at which commercial banks may borrow funds from their district Treasury Reserve Banks; 3) by<br />
purchasing income-producing United States Treasury obligations in the open market; and 4) by<br />
impounding and extinguishing funds within the Treasury Reserve Account or by transferring funds from<br />
the Treasury Reserve Account to the United States Treasury.<br />
To curb some problems inherent in fractional reserve systems, <strong>NESARA</strong> provides for new or modified<br />
regulation tools.<br />
One of the most troubling problems is associated with the credit expansion and contraction multiplier<br />
factor. A 5 percent reserve requirement sets it at 20, the reciprocal of the reserve percentage expressed as<br />
a decimal number (1 divided by 0.05 = 20). Most of the trouble occurs during periods of monetary<br />
contraction, the Great Depression being a notable example. As the nation’s total stock of money falls, the<br />
banks, forced below their reserve requirements, call in loans. To improve their loan/reserve ratio they may<br />
call in loans from some of their best, most solid customers. Local bankers do not repossess the family<br />
farm out of malice. Heaven forbid they should ride a tractor for a living! They are compelled to act by<br />
banking rules they never wrote.<br />
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Few people protest a large multiplier factor during monetary expansion, with the economy booming and<br />
money flowing freely. But on the downside, good hardworking people get hurt. Unable to pay off their<br />
loans, they go broke, slowing down the economy and making a bad situation worse. Engineers call this<br />
system nonlinear and describe it as operating with a negative stability factor. People ruined by it call the<br />
system an atrocity.<br />
A more charitable attitude blames inadequate design. One set of uniform rules applied despite condition<br />
or consequence explains a large part of the problem. To improve the character of fractional reserve<br />
systems, change the rules.<br />
Banks that temporarily fall below their reserve requirements, particularly when the cause is a sudden shift<br />
in national monetary policy, are not necessarily insolvent. Under <strong>NESARA</strong>’s rules they are not penalized<br />
if they make no new loans until 90 days after their reserve ratio recovers and if they do not call for<br />
immediate repayment of any outstanding loans that are performing within normal limits. A bank is<br />
declared insolvent only when its reserves fall below 50 percent.<br />
To improve its reserve ratio a bank may borrow funds from its district Treasury Reserve Bank at the<br />
national discount interest rate set by the Board of Governors. Each district Treasury Reserve Bank may<br />
obtain these funds from the Treasury Reserve Account, paying that account one-half of the interest<br />
income earned as a fee for their use. This provides a source of income to the Treasury Reserve Banks,<br />
possibly reducing their charges for other banking services.<br />
A fifty-fifty split of interest income between the Treasury Reserve Banks and the Treasury Reserve<br />
Account is arbitrary, there being no compelling reason for Treasury Reserve Banks to pay a fee. Other<br />
figures in the bill, such as the amount of excise tax imposed on monetization-fee or interest income and<br />
the target range for the Treasury Credit-Note Exchange-Value Index, are equally arbitrary. Congress must<br />
set the final numbers which should be based on studies of computer simulations of the economy.<br />
The Board of Governors may purchase income-producing United States Treasury obligations from the<br />
open market with treasury credit-notes. Their former prerogative of selling these obligations vanished<br />
with the requirement to transfer all they receive to the Secretary of the Treasury for cancellation. Buying<br />
on the open market adds treasury credit-notes to the economy, increases bank reserves and expands<br />
national credit through use of the multiplier factor. It also reduces the national debt because of the<br />
cancellation process. But, under <strong>NESARA</strong>’s new rules, the Board of Governors cannot reverse the<br />
process since they cannot sell what they do not have. This prohibits them from increasing the national<br />
debt, an option best left in the hands of an elected Congress and its authorized agent, the United States<br />
Treasury.<br />
To offset this loss, <strong>NESARA</strong> gives the Board of Governors a powerful new regulation tool. They may<br />
impound and extinguish funds within the Treasury Reserve Account or disburse them in one of several<br />
ways, effectively using the multiplier factor to contract or expand national credit.<br />
The Treasury Reserve Account functions as a currency reservoir, acting as a shock absorber during<br />
periods of rapid economic change. Part of the national sales tax collection is diverted to this account,<br />
making it a potent tool for fine tuning the economy. Control of these funds enables the Board of<br />
Governors to execute national monetary policy without the usual abrupt shifts in interest rates or in the<br />
reserve requirements for commercial banks.<br />
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During periods of national prosperity,—a thriving economy, government revenues increasing and<br />
expenditures for public support programs decreasing—funds accumulating in the Treasury Reserve<br />
Account could be used to retire part of the national debt. Keynesian economists, those who advocated<br />
deficit spending in times of depression, now have the opportunity to test the second half of their theory,<br />
using surpluses to pay off debt in times of abundance.<br />
Section 10 of Part I provides a method for eliminating the unfair advantage that banks operating on a<br />
fractional reserve basis have over other financial institutions, such as limited membership credit unions<br />
serving their local communities. <strong>NESARA</strong> enables them to operate on a restricted fractional reserve basis,<br />
either individually or as an association, by meeting certain minimum requirements and obtaining a limited<br />
bank charter. Alternately, they may achieve the same objective as a partner with an existing bank.<br />
In Section 11 of Part I Congress authorizes new types of postal money orders conforming to the three<br />
types of standard currency. A distinctive color for each type helps prevent misunderstandings. Because<br />
postal money orders must be purchased with cash, those denominated in silver dollars or eagles are issued<br />
only in integer units of standard coin.<br />
Maximum limits are set on each postal money order purchased by type: 1,000 silver dollars, 10 eagles,<br />
and 1,000 treasury credit-note dollars. Regardless of type, the fee for each is one dollar. Note that the use<br />
of the term ‘dollar’ without other qualifiers designates a treasury credit-note or its subdivisions in clad or<br />
base metal coin. Except in unusual circumstances, any United States Post Office within the jurisdiction of<br />
the United States is required to redeem postal money orders in the designated currency within three<br />
working days of their submittal for collection. Examples of reasonable exceptions include “inability to<br />
perform” such as during catastrophic events fires — earthquakes, storms, etc. — or with post offices<br />
located aboard U.S. ships at sea.<br />
Section 12 of Part I deals with enforcement of the Act. Willful violation of its monetary and fiscal<br />
responsibility provisions resulting in aggregate losses exceeding 5,000 dollars in any 12-month period is a<br />
felony. The penalty for each conviction is a fine not exceeding 5,000 dollars, or a term of imprisonment<br />
of not more than 5 years, or both. Each conviction for willfully counterfeiting or circulating substandard<br />
silver or gold coin earns a fine not exceeding 10,000 dollars, or a term of imprisonment of not more than<br />
20 years, or both. Though not the death penalty imposed by the Founding Fathers in the Coinage Act of<br />
1792, this is definitely enough to get one’s attention.<br />
Other provisions of this section encourage citizen enforcement. A reward of 10 eagles is offered for<br />
providing information leading to the conviction of one or more individuals in willful violation of its<br />
provisions. The redemption by the United States Treasury on demand in specie of any new United States<br />
Silver Certificates or United States Eagle Certificates produced under this legislation is paramount for a<br />
moral monetary system. Congress therefore directs that the Treasury shall pay a penalty of 5 eagles for<br />
any failure in this regard.<br />
Section 13 of Part I simply repeals all previous legislation or any parts of previous legislation<br />
inconsistent with the provisions of this part.<br />
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Appendix B<br />
Part II. National Sales and Use Tax Explanation and Details<br />
The most important action Congress can take to put America on the road to recovery is to replace the<br />
federal income tax with a uniform excise tax on consumption. Only one myth stands in the way—the<br />
misconception that a national retail sales tax is always regressive, that it falls hardest on those who must<br />
spend most of the money they earn out of necessity, not choice. Discrediting that myth destroys the<br />
income tax.<br />
Consider the fabled poor family of four. At a minimum wage of $5.15/hour, two full-time wage earners<br />
provide an annual income of $21,424, (2 workers x $5.15/hour x 40 hours/week x 52 weeks/year =<br />
$21,424).<br />
According to the March 1999 Current Population Survey by the U.S. Census Bureau, this annual salary<br />
places the family in the 2nd Quintile ($12,040 to $25,560) of income, and provides only $4,724 more than<br />
the $16,700 Poverty Guideline set by the U.S. Department of Health and Human Services for 1999.<br />
This hard-working family’s income is only 28% above the poverty level. With careful money<br />
management the family members squeeze by each year, living modestly day-to-day. For them real<br />
middle-class status is a distant dream. Yet millions of Americans earning less envy this family as does<br />
most of the rest of the world earning much less.<br />
With standard deductions, filing jointly, and standard child care credit, this family pays no federal income<br />
tax.<br />
Suppose Congress replaces the income tax with a 14% national sales and use tax; but exempts the<br />
necessities of life such as groceries, rents or leases of real estate, insurance, and medical items and<br />
services. Unlike other families earning a higher income, abolishing the federal income tax immediately<br />
adds no extra income to this family’s monthly income.<br />
Of course, this family will be affected by the new federal retail sales and use tax. If 90% of the family’s<br />
income is spent on necessities—nontaxable items, a reasonable figure for a poor family, the taxes actually<br />
paid becomes 14% of the remainder, or $299.94 ($21,424 x 10% x 14%).<br />
At first glance, this appears to be an annual net loss of $299.94, making a national sales tax a bad choice,<br />
but what about those hidden embedded income taxes and the cost of collection?<br />
When spending money for necessities the family pays directly for the goods and services received, and<br />
pays indirectly all of the hidden embedded costs of the income tax. The hidden embedded cost of the<br />
income tax affects all purchases. Assuming the national sales tax system is a mere 2.5% more efficient<br />
than the current income tax system (a conservative estimate), this family will avoid an additional $535.60<br />
of hidden embedded taxes (2.5% x $21,424), providing an annual net savings of $235.66 per year (–<br />
$299.94 + $535.6).<br />
As does every family and person, people near or below the poverty line, about 14% of the nation, daily<br />
pay income taxes and their associated collection costs hidden in the price of necessities. Eliminating these<br />
hidden embedded costs effectively increases everyone’s standard of living by at least 2.5%.<br />
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Furthermore, replacing the current income tax with a 14% national sales and use tax provides an<br />
approximate 4.85% rise in true purchasing power for every additional quarter per hour earned by<br />
workers. For purposes of discussion, ignore for the moment the hidden embedded effects of the income<br />
tax. If the two wage earners of the family earn only $6.07/hour, this family starts paying a federal income<br />
tax. With a 14% national sales and use tax, the two wage earners in the fabled family of four need earn<br />
only $6.61/hour each to see the sales tax directly offset current federal income taxes and realize a rise in<br />
effective purchasing power.<br />
The hidden embedded effects of the income tax cannot be ignored. Therefore, in addition to a true rise in<br />
purchasing power caused by the higher wage, a minimal 2.5% rise in purchasing power is caused by only<br />
2.5% improved efficiency in the tax system. A higher efficiency causes an even higher rise in purchasing<br />
power.<br />
Regardless of the wage earned when the fabled family of four starts paying a federal income tax,<br />
converting instead to a national sales tax causes purchasing power to rise significantly.<br />
Remember that the primary purpose of the 1942 Victory Tax was to control consumption, not to raise<br />
revenue efficiently. The tax evolved into a potent tool for political power brokers. Their power rests on<br />
their ability to manipulate the system, to give special favors to their supporters and contributors. Thus,<br />
politicians have an overriding vested interest in maintaining the current system even at the cost of a<br />
reduced standard of living for the American people. A national sales and use tax is a moral tax because<br />
political lobbyists and power brokers cannot as easily manipulate the revenue collection and spending<br />
schemes.<br />
Another proposal for protecting lower income groups is with a periodic cash allotment. A payment of<br />
$500 per year to every man, woman and child comprising the lowest 20 percent of the nation’s income<br />
distribution would cost the government $26 billion annually, roughly the amount of the food stamp<br />
program. Under this plan a poor family of four receives cash payments of $2,000 per year.<br />
That $26 billion seems like a large sum until compared to an estimated cost of $100 billion just to collect<br />
the corporate income tax. Abolish all income taxes, pay the allotment and the nation nets a $74 billion<br />
reduction in hidden corporate tax collection costs.<br />
Increasing the efficiency of the tax collection system reduces everyone’s burden. Think of the income tax<br />
system as an ordinary job such as digging a ditch. Because of some silly bureaucratic rule, the first hour<br />
every morning is spent throwing dirt into the ditch. The rest of the day you work to remove that dirt and<br />
continue digging. Each day you follow the same procedure, wasting your efforts the first hour plus<br />
working an additional hour to recover.<br />
In frustration you might decide to skip work for the first two hours every day. At the end of each day the<br />
net gain in length of the ditch remains the same. A more ingenious plan is to report for work every day<br />
one hour late, avoiding the bureaucrat’s silly rule. The result is higher efficiency, digging more ditch with<br />
less work.<br />
Obviously, even old familiar things are not always what they seem. Conventional wisdom is based on<br />
perspective. In this light the definitions in Section 1 of Part II, National Sales and Use Tax give explicit<br />
legal meaning to some selected prosaic words. Notice the complexities of seemingly simple words like<br />
“groceries” and “sale.”<br />
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Do all items of food and drink marketed for human consumption qualify as groceries? Not necessarily. If<br />
you select and purchase an assortment of doughnuts over the counter at a bakery or delicatessen, even if<br />
the facility is located within a grocery store, you pay a national sales tax. Buy similar prepackaged items<br />
from the shelves of a grocery store and you avoid the tax. The distinction exists in intent. When a facility<br />
acts as a manufacturer, selling its food or drink products for human consumption through a grocery store,<br />
no national sales tax is imposed.<br />
Is a sale always a sale—in every exchange of property for a valuable consideration? One might be<br />
inclined to think so until learning that some courts have held that love and affection can be a valuable<br />
consideration. It is not the intent of <strong>NESARA</strong> to tax noncommercial transactions even when they have the<br />
appearance of being a sale. Typical examples include property exchanged between family members, as<br />
when parents ‘sell’ the old family car to one of their children. The same idea extends in principle to the<br />
‘legal families’ of partnerships and corporations. In both cases the offer is never made to the public nor<br />
with a motive of profit. These types of transactions are not considered sales unless they are contrived or<br />
structured for the purpose of avoiding the tax.<br />
The word “coin” provides another good example of viewpoint. Though used as a noun in both Parts I and<br />
II of the bill, its definition changes with circumstances. The monetary considerations of Part I call for<br />
emphasizing its self-identifying intrinsic value and current use as a medium of exchange. Part II expands<br />
this definition in the time domain and deletes all self-identifying requirements. Here the definition easily<br />
recognizes the coins of antiquity, modern coinage, or any future coins, provided they are of metal and<br />
during any period were officially sanctioned by some nation as a medium of exchange.<br />
Section 2 of Part II lists some probable Congressional findings, several being intuitively obvious to the<br />
most casual observer. They boil down to a stern criticism of the nation’s so-called progressive income tax<br />
system. By almost any measure it is an appalling failure. Any one of its counterproductive features<br />
supplies ample justification for its elimination.<br />
One item is conspicuously absent from the list—the fact that nobody understands the eight volumes of<br />
fine print comprising the Internal Revenue Code, including its authors, the Congress. And it is unlikely<br />
that they will care to note that less than two dozen pages of simple rules replaces and outperforms their<br />
incomprehensible tax system.<br />
Section 3 of Part II abolishes the national income tax as of 12 o’clock midnight on the date the Act<br />
becomes law. Expect the vested interests, primarily the lawyer-politicians and tax lobbyists who derive<br />
power and make a living from tax law manipulation, to complain that this action is too sudden, to demand<br />
a transition period. They will fight a holding action, insisting on phasing out the income tax as if flogging<br />
you a little bit less each day is somehow better for you than just quitting. Their actual intention emulates a<br />
pattern set in Europe—reduce the income tax, add consumption taxes, then raise the income tax, ending<br />
with both.<br />
All income tax liabilities that were not due and payable when the Act becomes law vanish. Technically,<br />
millions of people owe taxes on gains they supposedly made when selling property or on deferred<br />
income, perhaps invested in retirement accounts. Taxes on those paper gains, gains that were largely<br />
imaginary because of inflation, are abolished. On the other hand, any taxes due and payable on a specific<br />
date before the Act becomes law are still due and payable.<br />
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Section 4 of Part II places responsibility for reorganization of the Internal Revenue Service as the<br />
National Tax Service with the Secretary of the Treasury. Congress directs the Secretary to structure the<br />
National Tax Service along recognized state and territory boundaries and to create any rules, regulations<br />
and procedures required for efficient collection of the national sales and use tax. Districts are also<br />
organized according to Congressional districts, thereby providing more accountability of District<br />
Directors to representatives. A practical approach makes use of existing state sales tax systems where<br />
available and keeps paperwork to a minimum.<br />
Cost being relatively unimportant, this project has no detailed budget. By the time the bean counters could<br />
generate an accurate estimate the job will be complete. The situation is akin to having a bursting<br />
appendix. America needs an appendicitis operation this afternoon—discussions of costs, if any, will come<br />
later. Congress allocates initial funding for the project equal to actual expenditures for federal revenue<br />
collection in the previous year.<br />
During the first year after the Act becomes law, the Internal Revenue Service continues to function,<br />
closing the books on outstanding income tax liabilities. Any that cannot be cost-effectively collected<br />
within that year will be discharged by writing them off.<br />
This reverses the standard IRS policy that cost is never a consideration in collection efforts. The only<br />
purpose for spending large sums in attempts to collect small sums was public intimidation. Americans<br />
were annually treated to well-publicized examples of what could happen to them if they failed to pay their<br />
taxes voluntarily. Morality aside, the policy might have been justified if it worked. It failed, and in the<br />
process drove a significant portion of the economy underground. With the abolishment of the income tax<br />
system it goes into history’s trash can, exactly where it belongs.<br />
Section 5 of Part II imposes a national sales and use tax of 14 percent on the retail sale or use of all<br />
property exchanged in commerce within the jurisdiction of the United States. The first requirement of this<br />
tax is that it replaces dollar for dollar all revenue lost with the demise of the income tax.<br />
Congress must set the actual tax rate, 14 percent being a judicious suggestion based on computer<br />
simulations of the national economy. With the anticipated increase in economic productivity and tender<br />
hopes for prudent government, that initial rate drops. After a few years one estimate puts it as low as 7<br />
percent, others at around 9 percent. All estimates are established on various assumptions for many factors.<br />
Experts argue over the validity of their assumptions and the impacts of numerous factors in their<br />
economic models. Most agree on one thing—the size of a uniform tax rate generating a given amount of<br />
revenue depends on the volume of taxable sales.<br />
Exemptions are fun. Eliminating many of life’s necessities from the national tax base nullifies much of<br />
the argument that a sales tax is always regressive. It gives Congress opportunities to tinker with tax law,<br />
one of its favorite pastimes. But it also puts Congress on the horns of a dilemma—with sales volume a<br />
constant, every item deleted from the tax base means that it must raise the tax rate or settle for less<br />
revenue. Hold revenue constant and the delight of tax exemptions comes with the distress of higher tax<br />
rates, a very visible tax that the public pays each day of the year.<br />
Why not exempt everything? A radical thought but perhaps not unreasonable. Abolish all income taxes,<br />
forget replacing them with a national sales tax, and the nation still has an annual income of over $570<br />
billion from other sources. That amount covers every penny spent by the federal government in 1979 and<br />
leaves a $67 billion surplus. In other words, all federal income taxes now collected, an amount equal to 54<br />
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percent of the annual budget, pays only the extra cost heaped on the public by Congress in the last 17<br />
years. Do not hold your breath in expectation. The facts merely show how far and fast the nation slipped<br />
downhill and the potential for improvement.<br />
Sales to federal, state and local government agencies, when acting in their official capacities, are not<br />
taxable transactions. Neither are sales of licenses, permits, passports, visas and all charges for public<br />
services or user fees made by these agencies. If raising additional revenue is the intent, charges for each<br />
item can be increased. Without competitive alternatives the public has no choice but to pay. Other types<br />
of sales by government agencies, such as the disposal of surpluses at an auction, are taxable unless<br />
excluded by further exemptions.<br />
Under <strong>NESARA</strong>, all sales of precious metal bullion, coins and currency are untaxed. Taxing these<br />
exchanges skews the monetary system by degrading the standards. Imagine going into a bank with two $5<br />
bills to ‘buy’ a $10 roll of quarters and being charged a national sales tax on the transaction. The same<br />
principle applies to exchanges involving treasury credit-notes, precious metal bullion, silver dollars, and<br />
eagles, and equally to trades in international currencies. Congress has a constitutional responsibility to set<br />
standards and regulate values but must be careful not to pollute its own efforts.<br />
Sales made to or by charitable organizations in the conduct of their regular activities or charitable<br />
functions are normally exempt from the tax. They must not be for profit or unduly competitive with sales<br />
made by others subject to the tax. A church engaged in charitable activities might legitimately raise funds<br />
to support those activities with an occasional fair or carnival, no taxes due. It cannot open an amusement<br />
park in competition with one across town and claim exemption because of its charitable status, even if<br />
every penny collected goes to its charitable efforts. The same reasoning applies to nonprofit schools.<br />
Government’s genuine interest in supporting such organizations does not extend to encouraging their<br />
unfair participation in the realm of commerce.<br />
Exempting several categories of life’s necessities—groceries, insurance, qualified rents or leases of real<br />
estate, and medical items and services—converts a regressive tax into a progressive one. Under this<br />
system poor people, spending most of their money for the essentials, pay little if any tax while the rich<br />
pay lots of tax.<br />
Some argue that the rich spend more money on food so they get an excessive benefit from that exemption.<br />
Not necessarily true. No matter how rich you are, the amount of food that you can eat is limited. Rich<br />
people eat out more and in fancy restaurants where they pay the tax. Even when they buy expensive<br />
groceries and eat at home that money is not lost to the tax system. It continues to circulate in the economy<br />
and is inevitably used to buy taxable items.<br />
One dollar taxed at 14 percent and circulated through the economy ten times provides the government<br />
with $1.40 in revenue. That seems strange. How can the amount of revenue exceed the taxable base?<br />
Simple. There are no limits on total revenues when the government constantly spends those tax dollars<br />
back into circulation maintaining the base. With a fixed uniform tax rate the important consideration is<br />
dynamic, that is, the speed at which a given volume of money circulates through taxable items. Do not be<br />
concerned if the government fails to tax a few transactions. This is a rigged game and it is going to win.<br />
Tax rates are adjusted so that the government always get its share.<br />
Rents or leases of real estate for periods longer than 60 days are excluded from the national sales tax for<br />
some of the same reasons that groceries were eliminated. Rich people own their homes. Poor people are<br />
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more likely to rent or lease. The same relationship presumably exists between many small businesses and<br />
their larger, richer competitors. Failure to eliminate this category of taxable items discriminates against<br />
the poor.<br />
Exempting qualified medical items and services from the national sales tax benefits both rich and poor.<br />
An argument that the rich gain more than the poor is no reason to penalize the poor. Taxing anything<br />
discourages its consumption to some extent, though it affects some items more than others. If the post<br />
office doubles the cost of stamps few people will reduce their volume of mailings by half to break even.<br />
Poor people often have considerable difficulty affording adequate health care. <strong>NESARA</strong> provides two<br />
kinds of relief—elimination of the income tax and an exemption from the national sales tax. Without the<br />
income tax, the working poor have more money. Moreover, prices of medical items and services decrease<br />
compared with other goods and services as competition removes previously hidden costs. A sales tax<br />
exemption adds frosting to the cake.<br />
Incidental or occasional sales, when the primary motive is not profit, are not taxable transactions. The<br />
federal government has no interest in your yard or garage sale if you are not actively engaged in<br />
commerce. It does encourage recycling materials. This justifies a 50 percent tax break on retail sales of<br />
used tangible property—used cars or equipment, parts acquired at scrap yards, merchandise from<br />
secondhand stores, etc.—excluding remanufactured items sold with warranties longer than 90 days. The<br />
latter are treated as new items and taxed at the full rate.<br />
<strong>NESARA</strong> treats sales of insurance or surety bonds as necessities, exempting them from the national sales<br />
tax. Poor people frequently have greater needs for insurance than do the rich. Secondary sales of<br />
commercial investment securities in the stock and bond markets are another matter. These transactions are<br />
taxable.<br />
By taxing only 10 percent of the purchase price paid for stocks and bonds at the uniform national sales tax<br />
rate of 14 percent, the effective tax rate is reduced to 1.4 percent. This is a fair tax, largely paid by<br />
wealthy people just relieved of income and capital gains taxes. It is low enough to prevent capital flight<br />
from the country and high enough to raise substantial amounts of revenue. Also, this tax discourages<br />
market speculation, the constant moving of money to make money in the short run rather than into longterm<br />
productive investments.<br />
<strong>NESARA</strong> encourages new commercial investment because initial issues of stocks and bonds are not<br />
subject to the national sales tax, only trades in the secondary market. Initial investments build businesses;<br />
secondary trades simply swap ownership. Securities of the United States government and all its political<br />
subdivisions are never taxed even in the secondary market. This gives them a slight advantage over<br />
commercial investments, restoring some of their competitive edge lost with the abolishment of the income<br />
tax. Income from all investment securities, government and private alike, is now tax free.<br />
Meals provided by employers to employees at their places of employment at no charge or at reduced<br />
charges are not subject to the national sales tax. They were often considered as partial compensation for<br />
labor, once taxed as income, now abolished. Of course, if the employees will not eat there, maybe you<br />
should go somewhere else too.<br />
<strong>NESARA</strong> exempts the identified and segregated labor portion of written retail contracts, such as<br />
professional service, construction, maintenance and service industry contracts, from the national sales tax.<br />
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Technical consultants, lawyers, accountants, engineers, surveyors and architects normally sell their labor.<br />
Taxable material costs for such things as copies of blueprints and specifications are often inconsequential<br />
when compared to the total charge. When these services are supplied to industry, the labor costs pass<br />
through into the price of the final product. Taxing that product effectively taxes the original labor. Taxing<br />
both the service and the final product amounts to double taxation.<br />
This exemption could be applied to certain categories of personal maintenance and repair bills with large<br />
labor components that can be easily identified and segregated—for instance, having your carpet cleaned<br />
or taking your car to a shop for repair. You pay the tax on materials but not on direct labor. Rent a<br />
limousine and pay the tax on the rental but not on the driver’s labor identified and billed separately. Buy<br />
an airline ticket; pay the tax. The pilot’s labor can be identified but not segregated because total ticket<br />
sales are unpredictable. What if you rent a taxi? Pay the full tax—no written contract. Decisions are not<br />
difficult if you know and follow the rules. In these cases the objective is simply to give the taxpaying<br />
public a break on designated expenditures, not to avoid double taxation.<br />
Labor is property. When sold directly into commerce at retail it is a legitimate subject of sales taxation.<br />
Many services have high direct labor components—beauty salons, barber shops, dance instruction, dry<br />
cleaners, pet grooming, and tattooing just to name a few—all subject to the full tax. In the coming battle<br />
over exemptions, direct retail labor exclusions will likely be an early casualty. Fortunately, as the taxable<br />
base increases, Congress can cut the uniform tax rate and still raise the same amount of revenue. Either<br />
way the public wins.<br />
Real estate sales are taxable but credit is allowed for taxes paid on previous retail transactions or for taxes<br />
that would have been paid had <strong>NESARA</strong> been in force. A home purchased for $100,000 several years ago<br />
and sold for $150,000 after <strong>NESARA</strong> becomes law has a $50,000 taxable base. If it sold for less than<br />
$100,000 no national sales tax would be due. For purposes of establishing an initial taxable base,<br />
transactions in progress when the Act becomes law may be considered as completed.<br />
Under <strong>NESARA</strong>, new real estate developments suddenly become more expensive, older properties more<br />
valuable. This inevitably slows the mad dash to abandon existing property. A new $200,000 suburban<br />
home carries a $28,000 national sales tax burden. Many people could achieve the same increase in<br />
standard of living, spend less money and avoid most of these taxes by playing This Old House with an<br />
older property. The net effect revitalizes inner cities and older neighborhoods at little or no cost to the<br />
government. In fact, federal, state and local governments all collect revenue from these activities while<br />
avoiding the expense of supporting new expansion projects. Taxpayers win by spending less, avoiding<br />
some sales tax, but also with lower property taxes due to more efficient use of the existing infrastructure.<br />
<strong>NESARA</strong> continues the longstanding government policy of exempting from sales taxes qualified sales of<br />
printed periodical materials such as newspapers, magazines, news letters, directories and sales catalogs.<br />
To qualify, they must be nonprofit or contribute in some way to raising revenue.<br />
Section 6 of Part II attaches the liability for payment of the national sales and use tax to every purchaser<br />
and for its collection and remittance to every seller. The mere act of initiating a taxable sale in commerce<br />
within the jurisdiction of the United States makes one an agent for the National Tax Service. There are no<br />
forms to fill out or sign, no coupons to clip or box tops to send in. Getting into this game is ridiculously<br />
easy.<br />
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To get out, remit the tax due in full at any authorized federal depository on or before the tenth day of the<br />
month following the month in which the taxable sale was made and do not initiate any more taxable sales.<br />
Keep the receipt. That piece of paperwork is all that is necessary to prove the seller’s liability was<br />
discharged. The same holds true for the purchaser’s receipt from the seller.<br />
Obviously, the tax bureaucrats will insist on standard forms and taxpayer identification numbers. But<br />
these items are only for the convenience of maintaining auditable records. They have nothing at all to do<br />
with establishing or discharging one’s liability under the law. The burden of proving that liability falls on<br />
the National Tax Service.<br />
Three elements prove a government tax case—a taxable sale occurred; it was within the government’s<br />
jurisdiction; and you participated. The government need only establish liability, avoiding any requirement<br />
to prove a negative, that is, to produce a witness that will swear he saw you not pay or remit the tax. You<br />
evade the charge by defeating any element in the government’s case. Prove that the sale was exempt from<br />
the tax or that it was not within the government’s jurisdiction or that you were neither a seller nor a<br />
purchaser in the transaction. Failing that, you had better have a receipt.<br />
Governments take few chances on collecting their money. Taxes on credit sales of moveable property are<br />
payable in full at the time of the sale. Taxes on immovable property paid for in installments are due as the<br />
seller receives each installment. If a seller disposes of an account receivable, the balance of the tax is<br />
immediately due.<br />
There are no limits to the number of times a particular article may be subject to the national sales or use<br />
tax if it returns to the stream of commerce. Each time the purchaser must pay and the seller must collect<br />
and remit the tax unless the sale is exempt. But taxes are collected at the retail, end or final transaction<br />
and not from wholesalers, or from intermediate sales of items directly used for or incorporated into the<br />
manufacture of a product to be ultimately sold at retail. Maintenance tools and office supplies purchased<br />
by a chemical manufacturer are taxable even if bought from a recognized wholesale dealer. Pipe, valves,<br />
pumps, catalyst and solvents directly used in its processes to make chemicals are exempt. Electric power<br />
to its office buildings or to run its pumps is taxable but power used directly in its industrial processes,<br />
such as electroplating and metals refining, is exempt.<br />
Should a dispute occur between the purchaser and seller about whether any particular sale is exempt from<br />
the tax, the purchaser must pay it. The law provides ways to challenge that collection and, if successful, to<br />
get the money back plus interest. Excess taxes inadvertently collected must be remitted to the National<br />
Tax Service when not refundable.<br />
<strong>NESARA</strong> abolishes the federal income tax and along with it tax policies that stimulated contributions to<br />
charitable organizations. It restores some of that loss by issuing Credit Certificates applicable to national<br />
sales and use tax liabilities for donations to qualified organizations. To obtain the certificates, worth 10<br />
percent of all donations valued at $250 or more, the organization must be recognized and approved by the<br />
National Tax Service. It must also apply for each Credit Certificate in the donor’s name and certify the<br />
contribution. The Credit Certificates can be sold in commerce and will be accepted by the government for<br />
tax payments at full face value.<br />
Summary documentation, also called returns or reports, of the seller’s monthly tax remittances may be<br />
voluntarily submitted to the National Tax Service. If timely, meaning within five working days after the<br />
tax due date, the seller may deduct 1 percent of their tax deposit to offset expenses for collection and<br />
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keeping records. If everyone files, sellers will divide $6 billion annually. What at first seems like a lot of<br />
money comes to only $600 per year when split equally among 10 million sellers. Of course the big<br />
companies get most of it but they also do most of the work.<br />
Failure to make tax deposits within the ten-day designated period can be costly. Penalties for late deposits<br />
are set at 2.5 percent per month and continue to accumulate each month for a maximum of six months or<br />
15 percent. In addition, interest charges are added at the rate of 1 percent per month without an upper<br />
limit. Expect the government’s accountants to compound those interest charges. They really want tax<br />
money deposited on time. This tax system provides little enough forgiveness except for inadvertent<br />
clerical errors, which are subject to interest but not penalty charges, and unusual hardship circumstances.<br />
In the latter case, penalty or interest charges or any portion of either may be waived by the National Tax<br />
Service or by Executive Order of the President of the United States.<br />
Sellers who go out of business must file a report with the National Tax Service within thirty days. Anyone<br />
acquiring the business or its stock of goods becomes liable for taxes due and not remitted unless the buyer<br />
has a receipt showing that the taxes were paid to the seller. By continuing in business new owners become<br />
liable for the collection and remittance of taxes on future sales.<br />
Qualified and approved purchasers or sellers may apply for and obtain Certificates of National Sales and<br />
Use Tax Exemption from the National Tax Service. These certificates, valid for 12 months, are identified<br />
by serial number. Their use is voluntary—one can never be penalized for participating in an exempt<br />
transaction—but desirable because they simplify nontaxable commerce.<br />
Revenuers appreciate Exemption Certificates because they make tracking nontaxable sales easier. When<br />
they are used in commerce, the seller becomes liable for maintaining sales records for two years from the<br />
date of the sale. To encourage their use and the reporting of exempt sales, the National Tax Service offers<br />
Credit Certificates applicable to tax liabilities equal to 0.15 percent of the total amount of exempt sales<br />
timely reported. This offer excludes sales made to the federal government; presumably records of these<br />
sales are already available to the National Tax Service.<br />
Every month 15 percent of the national sales tax collected is deposited in the Treasury Reserve Account.<br />
These funds may not be used by the government without authorization of the Board of Governors of the<br />
Treasury Reserve System. The Treasury Reserve Account joins the Siamese twins of fiscal and monetary<br />
policy at the hip. They live in Washington, D.C., in a glass house, largely ignored during periods of good<br />
behavior while a thriving nation runs smoothly. But family squabbles upset the neighbors who are sure to<br />
notice and complain. Continued disruptions tempt them to become personally involved, a situation<br />
everyone finds distasteful.<br />
Section 7 of Part II addresses occasions of negligence or refusal to pay, collect or remit the national sales<br />
and use tax as required by law. Conflicts will arise but should be minimal. Sellers have little reason not to<br />
collect the tax: A lawful statute, clearly worded and easily understood, requires that they collect it;<br />
Uniform taxes do not unduly affect their competitive position; They are not the ones paying the tax; and<br />
the government compensates them, at least in part, for obeying the law. Purchasers refusing to pay the tax<br />
are unlikely to obtain goods and services from sellers. No sale, no problem with the law.<br />
Simple procedures handle the difficulties that do occur. Each step taken by the National Tax Service is<br />
explicitly marked by the title of the notification document: Assessment / Preliminary Notice of<br />
Deficiency, Preliminary Determination, Final Notice of Deficiency, Final Determination, and Notice of<br />
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Levy. One or more remedies are available at every stage for an alleged delinquent taxpayer to challenge<br />
the government’s assertion.<br />
Upon receiving either a Final Notice of Deficiency or a Final Determination, one may bypass the National<br />
Tax Service, placing the argument before a court of competent jurisdiction. The stakes get higher. Win,<br />
even partially, and the government must pay your legal fees plus twice the amount of tax relief ordered by<br />
the court. Lose and the court may order you to pay its costs and all legal fees in addition to the tax,<br />
penalties and interest.<br />
A Notice of Levy cannot be issued more than two years after the date on which a tax was payable or due<br />
and it automatically expires three years after the tax due date. During that period the National Tax Service<br />
may agree to an Offer in Compromise in partial settlement of taxes due or by mutual agreement extend<br />
the limitation period in hopes that the taxpayer might acquire the money and pay the debt.<br />
To avoid the many problems associated with collections under the current income tax system, <strong>NESARA</strong><br />
clearly defines that a warrant of distraint be issued before continuing with any seizure. Additionally,<br />
because the national sales and use tax is collected only in activities of commerce, real and personal<br />
property is exempt from seizure and collections. Innocent third party owners of property are also<br />
protected, eliminating some of the repulsion with current asset forfeiture laws.<br />
The government prefers to obtain something for taxes due rather than nothing. It is one thing to drill for<br />
oil, quite a different matter when you know it will be a duster. Revenuers cannot use the remedies of<br />
garnishment against a delinquent taxpayer while the taxpayer can declare bankruptcy any time. Better for<br />
everyone to make the best of a bad situation, reach a compromise settlement if possible and move on.<br />
The provisions of Section 8 of Part II define four federal tax crimes and specify the punishment for<br />
convicted offenders. A seller who misrepresents or hides the national sales tax attempts to gain unfair<br />
competitive advantage or to defeat its visibility, a misdemeanor. Knowingly participating in a taxable<br />
transaction and willfully evading responsibility to pay, collect or remit the tax may be a misdemeanor or a<br />
felony depending on the amount of money involved. If the amount is over $100 but less than $1,000, the<br />
crime is a misdemeanor punishable by a fine of not more than $1,000 or a term of imprisonment of not<br />
more than six months, or both. For amounts over $1,000 the crime is a felony punishable by a fine of not<br />
more than $5,000 or a term of imprisonment of not more than two years, or both. Making or conspiring to<br />
make fraudulent use of a Certificate of National Sales and Use Tax Exemption is a felony. Conviction<br />
may subject you to either a fine of not more than $5,000 or a term of imprisonment of not more than two<br />
years, or both.<br />
Rudimentary procedures are more than sufficient to enforce the federal sales and use tax laws. Simple,<br />
understandable tax law invites public participation. People know what goes on and some will tell. Sting<br />
operations by revenuers will be almost as easy a handing out traffic tickets. To catch the bad guys they<br />
need only make a purchase in a taxable sale from a careless or imprudent seller trying to beat the system.<br />
Anyone smart enough to contemplate evading the tax or defrauding the government is smart enough to<br />
recognize that the risk exceeds the potential gain.<br />
Section 9 of Part II simply repeals all previous legislation or any parts of previous legislation<br />
inconsistent with the provisions of this part.<br />
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Appendix C<br />
Imagine Legislation That…<br />
Terminates or Drastically Reduces Mortgage Debt<br />
The proposed National Economic Stabilization and Recovery Act, known as <strong>NESARA</strong>, is based on a new<br />
theory of money, its fundamental tenet being that all currencies are debt instruments, including gold and<br />
silver coin with substantial intrinsic value. Explicitly identifying the characteristics of currency clarified<br />
the process of its creation by commercial lenders.<br />
Using this information, <strong>NESARA</strong> amends the Federal Reserve Act of 1913 (as amended) to modify the<br />
nation’s monetary system. The effects of these modifications are dramatic:<br />
1. The national economy is stabilized through the use of new control mechanisms.<br />
2. Several revisions to current commercial lending rules and regulations eliminate massive amounts of<br />
public and private debt.<br />
3. Under <strong>NESARA</strong>, compound interest on secured loans made by commercial lenders on a fractional<br />
reserve basis is eliminated, being replaced by a monetization fee. Commercial lenders must credit all<br />
loan repayments in excess of their regulated service charges to the principal loan amount, collecting<br />
the entire principal before they can collect their monetization fee.<br />
Because the new rules apply to all existing secured loans made by commercial lenders operating on a<br />
fractional reserve basis, outstanding balances must be recalculated. In every case, the outstanding balance<br />
will be reduced and in many cases totally eliminated.<br />
Example: The recalculated outstanding balance will be zero for someone who has made 17 years of<br />
payments against a 30 year home mortgage loan at 8.5% interest. The lender will return the mortgage<br />
marked paid in full to the borrower saving 13 years of loan payments.<br />
Promotes Universal Home Ownership<br />
<strong>NESARA</strong> replaces compounded interest on secured loans made on a fractional reserve basis with a simple<br />
monetization fee, thus making home ownership much more affordable.<br />
Replacing compound interest with a monetization fee is fair and equitable to all parties since borrowers<br />
pay less and lenders still receive a sizable stipend for their efforts. Unlike compound interest, which is<br />
calculated on the unpaid balance of a loan, <strong>NESARA</strong>’s monetization fee applies to the repaid principal of<br />
the loan, all principal being repaid before the fee is due.<br />
For example, under current banking practices and laws, a $100,000 loan at 7.9% interest repaid over 30<br />
years would cost the borrower a total of $261,649.95. The interest fee for that loan amounts to<br />
$161,649.95.<br />
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With a straightforward monetization fee replacing compound interest, that same 30-year loan costs the<br />
borrower $178,791.49 (includes a monthly service fee of $25). Under <strong>NESARA</strong>, the monetization fee for<br />
the loan is $78,791.49.<br />
Furthermore, the monthly payment under the current banking system (excluding taxes and insurance)<br />
would be $726.81, whereas under <strong>NESARA</strong> that monthly payment would be $496.64.<br />
These numbers demonstrate how the new equations benefit borrowers. However, the new equations also<br />
benefit lenders. <strong>NESARA</strong> requires principal to be repaid before the monetization fee, greatly reducing<br />
risk for lenders. With principal repaid first, lenders free their reserves faster, thus providing more<br />
opportunities to loan money on a fractional reserve basis. Therefore, rather than making one loan every<br />
thirty years, lenders can make three loans every thirty years, increasing their profits and, incidentally,<br />
provide great service to their communities by increasing total home ownership. A win-win situation for<br />
all.<br />
Replacing compound interest with a straightforward monetization fee provides tremendous stability to the<br />
lending business. The buyer gains equity faster and at much lower cost while the lender makes higher<br />
profits at much lower risk. Reducing risk provides lenders with more incentive to loan, thus creating more<br />
opportunities for borrowers to own their own home.<br />
With <strong>NESARA</strong>’s new bank loan equations, home ownership suddenly becomes more affordable to all,<br />
encouraging universal home ownership.<br />
<strong>NESARA</strong> also changes the rules for home sales. Under <strong>NESARA</strong>, all current taxes on income are<br />
replaced with a national retail sales tax.<br />
After <strong>NESARA</strong> becomes law, a sales tax on real estate sales will be due only if the cost basis for the<br />
property increases. During the transition, the sales tax basis of all real estate will be the previous purchase<br />
price of the property.<br />
For example, the sales tax basis for a new $100,000 home will be $100,000. At 14%, the sales tax would<br />
be $14,000. If that same $100,000 home later sells again for $150,000, the subsequent sales tax basis<br />
would be $50,000 and at 14% the sales tax would be $7,000.<br />
If an existing home was purchased years ago for $110,000 and now sells for $120,000, the sales tax<br />
would be 14% of $10,000, or $1,400. If the home sold for $110,000, no sales tax would be due. Under<br />
these rules, the new sales tax on consumption discourages the runaway effects of continually rising<br />
property prices, makes existing homes much more desirable, and slows the mad dash to abandon existing<br />
property.<br />
What about inflation? <strong>NESARA</strong> is designed to end currency inflation. However, there will be an initial<br />
surge of home sales during the transition period as <strong>NESARA</strong> moves from bill to law. This action will<br />
superficially raise home prices simply because of supply and demand as people hurry to avoid the new<br />
sales tax.<br />
After <strong>NESARA</strong> becomes law, existing homes will probably sell for a little more than actual value, simply<br />
because the sales tax bite will be less on them than that for a new home of equal value. Initially this will<br />
encourage sales of existing homes over new homes and sellers will take advantage by increasing their<br />
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prices. Buyers also will be willing to pay the slightly inflated prices in order to avoid the larger sales tax<br />
bite on new homes of the same relative value.<br />
In the end, however, once the effects of currency inflation are eliminated, real estate prices will shake out<br />
and settle down. Instead of appraisers having to always compensate for currency inflation, appraisals will<br />
reflect actual “replacement” value. Real estate appraisals suddenly have real meaning, particularly on<br />
multi-million dollar commercial or industrial property.<br />
As a bonus, because real estate prices finally stabilize, property owners can finally say good-bye to the<br />
effects of property taxes rising due to acquisition values and currency inflation. With price stabilization,<br />
the local costs of continual appraisals also drops, reducing overhead at the local government level, thus<br />
further reducing property taxes.<br />
Encouraging universal home ownership means <strong>NESARA</strong> discourages renting. As home prices fall and<br />
stabilize, landlords will be forced to respond to market pressures and lower rental fees. However, as home<br />
ownership becomes less expensive than renting, tenants will leave the lease behind in favor of ownership.<br />
For example, suppose you rent an apartment for $625/month. After ten years you have paid $75,000 with<br />
“nothing” to show for those payments. Let’s say another landlord down the street converts apartments to<br />
condos and sells each condo for $75,000. Under <strong>NESARA</strong>, with a 15-year payment schedule at 4.9%, the<br />
total cost will be $100,935.88 (includes a monthly service fee of $25) with monthly payments of $560.75.<br />
You save more than $64 per month and build equity at the same time. You could spend that $64 outfitting<br />
your new home. Of course, you also could apply that $64 toward your loan, reducing your total payments<br />
by almost three years.<br />
Let’s say after ten years you decide to sell the condo for $75,000. No sales tax is due and you’ve paid the<br />
lender almost all of the original principal. You roll over the original loan (you still owe some principal<br />
plus the monetization fee, a total of $32,145.29) and buy a nice $125,000 ranch home in the suburbs,<br />
using the $75,000 received from the sale of your condo as down payment and borrowing additional<br />
principal of $50,000. If the seller of the ranch home originally paid $125,000, no sales tax is due. At 4.9%<br />
and a new 15-year payment schedule on the $82,145.29 loan, your payments will be $611.80. You are<br />
still paying less than your original monthly rent and have quite a bit of equity too!<br />
By the way, why the low monetization fee (interest rate) in this example? <strong>NESARA</strong> imposes an excise tax<br />
of 10% on monetization fees between 5% and 12%, and an excise tax of 20% on fees higher than 12%.<br />
This is a fair tax because banks do not really loan money—they have been granted a special government<br />
license to create money, that is, to monetize debt. As such, banks perform a public service and the excise<br />
tax promotes that purpose. Therefore <strong>NESARA</strong> greatly encourages home ownership merely by promoting<br />
lower monetization fees!<br />
With many people owning homes instead of renting, what will smart apartment building owners do? They<br />
cannot reduce rent by an absurd amount. They can convert the building into condos and sell at a profit<br />
further encouraging home ownership throughout the land. Everyone wins!<br />
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Restores High-Paying Productive Jobs<br />
In traditional manufacturing industries, economists have long recognized a direct relationship between<br />
business capital investment and wages. That is, more capital investment per worker increases worker<br />
productivity and drives labor rates higher.<br />
American industry, searching for higher profits through lower costs, shifted domestic investment and<br />
production to foreign lands where labor costs are much lower. This shift created a double jinx on formerly<br />
high-paying secure jobs in our once relatively stable industrial environment. That is, America suffers<br />
from less local investment coupled with more local unemployment.<br />
<strong>NESARA</strong> counters these effects in several ways:<br />
1. <strong>NESARA</strong> stimulates the national economy through debt reduction. This reduction of debt creates<br />
more disposable income and immediately increases the consumption of consumer goods which<br />
provides additional incentive for their production.<br />
2. Reduces the debt burden for previous domestic capital investment and lowers the cost for future<br />
domestic capital investment, thus stimulating expansion of domestic production facilities.<br />
3. The hidden embedded domestic production costs of an inefficient income tax system are eliminated,<br />
lowering the cost of domestic items. Nationally, the revenue is replaced dollar for dollar by a national<br />
sales tax. The combined effects of lower domestic production costs and the additional cost of a sales<br />
tax on imported items eliminates much of the free ride previously enjoyed by imported items, thus<br />
encouraging domestic production instead of foreign.<br />
Even though the exact magnitude of these projected outcomes are unpredictable, all proposed changes in<br />
<strong>NESARA</strong> are focused in the right direction to restore high-paying jobs, a statement typically untenable<br />
with many of the bills passed by Congress.<br />
Does the following statement sound familiar?<br />
Increases Benefits to Senior Citizens<br />
“The Social Security Administration (SSA) estimates that in 30 years it will only collect enough in taxes<br />
to pay about 75 percent of the benefits it will be liable to pay.”<br />
Scary, don’t you think?<br />
Does this mean that YOU will be receiving LESS than what Congress led you to believe? Will you have<br />
to continue working for a roof over your head or just to have something to eat? And what about your<br />
medical costs, which are certain to increase?<br />
Review that Social Security Administration statement again—closely. The SSA is talking about a<br />
potential problem 30 years from now! If you are just over-the-hill at thirty-something, collecting future<br />
benefits you are paying dearly for today may be of concern to you. But if you are sixty-something or<br />
seventy-something and trying to survive on meager Social Security benefits, you are much more likely to<br />
be concerned about next week than 30 years from now!<br />
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What then do you suppose all the media fuss is about? Perhaps the politicians are crying “WOLF!”<br />
attempting to frighten Seniors to gain personal political advantage or to drum up support for some pet<br />
project such as “privatizing” Social Security for Wall Street’s benefit.<br />
Well, if the politicians are looking for a project to support, a good one is available. A proposed Bill, The<br />
National Economic Stabilization and Recovery Act, called <strong>NESARA</strong>, promises to double the average<br />
standard of living for all Americans, including all Seniors, in only 20 years, 10 years before the projected<br />
potential problem.<br />
The argument is not who should receive what or when. These types of arguments clearly create “class<br />
wars.” Such fighting among the people is unnecessary. Whether you are a person receiving benefits now<br />
or thirty years from now should not be the issue.<br />
After <strong>NESARA</strong> passes, those who do not expect to draw benefits for another thirty years will have the<br />
resources to immediately help themselves and, at the same time, America gains the resources to increase<br />
benefits for those Seniors who need help now.<br />
One thing is for sure—the politicians will not be talking about providing only 75% of what was promised<br />
and paid for in advance!<br />
Eliminates Federal Income Taxes<br />
The proposed National Economic Stabilization and Recovery Act, known as <strong>NESARA</strong>, amends the<br />
Internal Revenue Code of 1939 (as amended), to eliminate all federal taxes based on income: personal,<br />
corporate, gift and capital gains.<br />
Under this new plan, volumes of complex tax code are replaced with a few pages of simple rules creating<br />
a national sales and use tax, on specified retail sales and changing the Internal Revenue Service, IRS, into<br />
the National Tax Service, NTS, to administer the new revenue system.<br />
Exemptions from the federal sales tax for the necessities of life make the tax a progressive tax, a<br />
characteristic often claimed for the federal income tax, but which, in reality, never existed.<br />
<strong>NESARA</strong>’s major goals are stated simply:<br />
1. To increase the efficiency of the federal revenue collection system through the elimination of billions<br />
of hours of nonproductive labor.<br />
2. To shift the largely hidden (regressive) tax burden on production to very visible taxes on<br />
consumption, revealing to the people the true cost of government.<br />
3. To eliminate constant Congressional temptation to tinker with income tax legislation for social<br />
manipulation and to maintain and enhance federal political power.<br />
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Restores Financial Privacy<br />
The current income tax invades and violates America’s privacy like no other legislation. Any person with<br />
access can learn anything and everything about you. The entire income tax system is nothing but a large<br />
roll of toilet paper stuck to the bottom of your shoe. The ultimate paper trail.<br />
How much money did you earn? How many children do you have? What do you do for a living? For<br />
whom do you work? How much did you earn in interest and dividends? How many bank accounts do<br />
have? What stocks do you own? Were you employed for the entire year? Were you injured for part of the<br />
year? Who provides your health insurance? Are you married? Single? Divorced? Widowed? Are you<br />
blind? A veteran? Do both parents work?<br />
Parents cannot obtain deductions for newborns without receiving a government number. That child is<br />
marked and tracked for the remainder of his or her life.<br />
Laws require every penny that can possibly be traced be recorded for the purposes of monitoring a<br />
person’s income stream.<br />
Americans cannot even die in peace because the IRS waits at the door like the grim reaper to collect its<br />
alleged due.<br />
The Constitution protects each citizen’s right to arbitrary searches and seizures. Yet, the entire income tax<br />
system permeates the lives of Americans like a virus from a horror film.<br />
Enough!!!<br />
The destruction of privacy is the destruction of freedom.<br />
The National Economic Stabilization and Recovery Act, <strong>NESARA</strong>, changes this picture.<br />
<strong>NESARA</strong> alters America’s fiscal policy, replacing the income tax with a national sales tax.<br />
The tax is paid just like many state sales taxes. The tax is paid at the cash register. Other than the sales<br />
receipt, there is no paper trail. America’s privacy is restored.<br />
Enables Single Parents to Support Their Families<br />
Many single parents find themselves strapped financially. Many live paycheck to paycheck, with little or<br />
no expectation of ever getting ahead. Such subsistence is not enjoying the fruits of one’s labor, but simply<br />
existing. The National Economic Stabilization and Recovery Act, <strong>NESARA</strong>, changes this picture.<br />
<strong>NESARA</strong> alters America’s fiscal policy by replacing the income tax with a national sales tax.<br />
Under the current income tax system, many low-income single parents pay little or no income tax, so why<br />
should single parents be interested in replacing the income tax with a national sales tax? Simply because<br />
<strong>NESARA</strong> is designed to eliminate the hidden costs of the income tax and to double the standard of living<br />
for everyone within one generation.<br />
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At a minimum wage of $5.15/hour, a single parent wage earner provides for her or his family an annual<br />
income of $10,712, ($5.15/hour x 40 hours/week x 52 weeks/year = $10,712).<br />
According to the March 1999 Current Population Survey by the U.S. Census Bureau, this annual salary<br />
places the family below the poverty level, providing $3,168 less than the $13,880 Poverty Guideline set<br />
by the U.S. Department of Health and Human Services for 1999.<br />
The family members squeeze by each year, subsisting day-to-day. For them real middle-class status is<br />
beyond a distant dream.<br />
With standard deductions and standard child care credit, this family pays no federal income tax.<br />
Suppose Congress replaces the income tax with a 14% national sales and use tax; but exempts the<br />
necessities of life such as groceries, rents or leases of real estate, insurance, and medical items and<br />
services. Unlike other families earning a higher income, abolishing the federal income tax adds nothing to<br />
this family’s monthly income immediately.<br />
Of course, this family will be immediately affected by the new federal retail sales and use tax. If 90% of<br />
the family’s income is spent on necessities—nontaxable items, a reasonable figure for a poor family, the<br />
annual taxes actually paid becomes 14% of the remainder, or $149.97 ($10,712 x 10% x 14%).<br />
At first glance, this appears to be an annual net loss for this family of $149.97, making a national sales tax<br />
a bad choice. But what about those hidden embedded income taxes and the cost of collection?<br />
When spending money for necessities the family pays directly for the goods and services received, and<br />
pays indirectly all of the embedded costs of the income tax. The hidden embedded cost of the income tax<br />
affects all purchases. Assuming the national sales tax system is a mere 2.5% more efficient than the<br />
current income tax system (a conservative estimate), this family will avoid an additional $267.80 of<br />
hidden embedded taxes (2.5% x $10,712), providing an annual net savings of $117.83 per year (–$149.97<br />
+ $267.80).<br />
As does every family and person, people near or below the poverty line, about 14% of the nation, daily<br />
pay income taxes and their associated collection costs hidden in the price of necessities. Eliminating these<br />
hidden embedded costs effectively increases everyone’s standard of living by at least 2.5%.<br />
Furthermore, replacing the current income tax with a 14% national sales and use tax provides an<br />
approximate 4.85% rise in true purchasing power for every additional quarter per hour earned by workers.<br />
With two children and child care costs of $5,000 per year this single parent wage earner starts paying a<br />
federal income tax with an hourly wage of $10.58/hour. At that wage the single parent would pay an<br />
income tax of only $6.96. At the same wage the single parent would directly pay $308.09 annually if a<br />
14% sales tax was imposed. However, because of the improved efficiency of the new sales tax system,<br />
and the elimination of hidden embedded income taxes, this family would see a net annual gain of<br />
$1,353.03!<br />
The hidden effects of the income tax cannot be ignored. Therefore, in addition to a true rise in purchasing<br />
power caused by the higher wage, a 2.5% increase in the efficiency of the tax system increases purchasing<br />
power by that same percentage on the total money earned.<br />
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Regardless of the wage earned, converting to a national sales tax causes an immediate and significant<br />
increase in everyone’s purchasing power.<br />
Restores Inner Cities as Vital Economic Areas<br />
Shifting from a policy of taxing production to taxing consumption suddenly makes the use of existing<br />
resources more efficient. By taxing what is consumed, people suddenly slow their consumption rate and<br />
begin to treasure the old rather than the new.<br />
Under <strong>NESARA</strong>, all real estate sales are subject to a new national sales and use tax. The basis for existing<br />
property will be the last sale price, for new structures the basis will be zero. Therefore new real estate<br />
developments suddenly become more expensive, older properties more valuable. This action inevitably<br />
slows the mad dash to abandon existing property.<br />
At 14%, a new $200,000 suburban home carries a $28,000 national sales tax burden. Many people could<br />
achieve the same increase in standard of living, spend less money and avoid most of these taxes by<br />
playing This Old House with an older property.<br />
With the new banking equations <strong>NESARA</strong> provides, the cost of borrowing money to purchase older<br />
homes drops dramatically.<br />
With no income taxes, consumers are provided more disposable income, and combined with a hope to be<br />
debt free and own a home, older properties become more attractive.<br />
The net effect revitalizes inner cities and older neighborhoods at little or no cost to the government. In<br />
fact, federal, state and local governments all collect revenue from these activities while avoiding the<br />
expense of supporting new expansion projects. Instead of local governments having to provide<br />
“brownfield” legislation, local governments can let citizens do the rebuilding.<br />
Taxpayers win by spending less, avoiding some sales tax, but also with lower property taxes due to more<br />
efficient use of the existing infrastructure.<br />
Revitalizing the inner city, at little or no expense by taxpayers, channels more private investment funds<br />
back to the older properties.<br />
Businesses too will be once again attracted to the inner city as property values stabilize and business<br />
expansion becomes less expensive using older property. Relocating businesses to the inner city creates<br />
complete neighborhoods. As businesses spend less on their own infrastructure, and production costs<br />
decrease by eliminating the costs of the income tax, the door is opened for businesses to begin offering<br />
higher wages. Higher wages motivate people to stay located in the neighborhood.<br />
As the inner city revitalizes, those areas once again become communities, where people take pride in their<br />
neighborhood. Restoring pride reduces stress. Building a community, where both homeowners and<br />
business relocate, reduces transportation and commuting costs, and pollution.<br />
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Benefits Americans with an Unprecedented Economic Boom<br />
The exact amount of public and private debt to be eliminated by <strong>NESARA</strong> is unknown. Estimates depend<br />
upon the assumptions of those making them, but numbers in the range of one trillion dollars are<br />
reasonable.<br />
The one sure expectation in this scenario: Americans suddenly free of massive amounts of debt will<br />
immediately go on a spending spree. Prices will naturally rise with the higher consumption of consumer<br />
goods, even in the face of a 14% National Sales Tax, and will reach epic proportions. Those higher prices,<br />
largely due to demand rather than an increase in the available quantity of money, encourage the<br />
production of more consumer goods and services.<br />
With full implementation of <strong>NESARA</strong>, all Americans enjoy an unprecedented economic boom, the<br />
economy expanding at a long term annual rate in excess of 5% and perhaps with short term growth surges<br />
at better than 8.5%.<br />
Unlike all previous expansions, monetary policy regulators need not kill this expansion with higher<br />
interest rates to fight inflation. <strong>NESARA</strong> provides regulators with powerful new tools to control the<br />
quantity of money in circulation. Properly using these new tools and the inherent self-regulation built into<br />
the new monetary system will automatically promote excellent economic stability.<br />
Increased production and competition in world markets along with the increased efficiency of the new<br />
revenue system will soon drive prices back down. Within about one year, elimination of the hidden costs<br />
in the old income tax system will put additional downward pressure on prices.<br />
Thanks to <strong>NESARA</strong>, all Americans experience a higher standard of living, the double beneficiaries of<br />
reduced debt servitude and increased consumption of consumer goods.<br />
Provides 500 Billion Dollars for Infrastructure Projects<br />
<strong>NESARA</strong> creates a new national monetary system, within the limits established by the Constitution,<br />
consisting of three types of currency: silver coin, gold coin and treasury credit-notes.<br />
New banking regulations, specifying how accounts in each of the currencies are to be handled, opens the<br />
door for some creative infrastructure project financing at the local level.<br />
Suppose Congress instructs the Treasury to sell small-denomination, nontransferable interest-bearing gold<br />
and silver savings bonds to U.S. citizens through their bank specie accounts. These bonds are redeemable<br />
in 5 to 20 years, interest paid annually, calculated in specie but paid in treasury credit-notes at the current<br />
exchange-ratio. Americans could exchange their paper currency for lawful money, deposit the coin in a<br />
specie bank account, then convert those funds to interest-bearing gold or silver savings bonds.<br />
This immediately creates a tremendous circulating market for the Treasury’s gold and silver coin, most of<br />
which never leaves the vaults. The sale of $50 billion in specie bonds at par removes that amount in paper<br />
currency from general circulation. Under the new banking rules, the bonds are nontransferable, thus the<br />
bonds never enter the stream of commerce and cannot replace the paper currency. Nor under the new<br />
banking rules can the bonds be used as bank reserves. Due to the expansion factor built into the fractional<br />
reserve monetary system, the nation’s available currency and credit drops, perhaps by $500 billion.<br />
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At the least this move is sharply deflationary, and probably recessionary. Since the nation’s aggregate of<br />
currency and credit is only about $3,000 billion, the government would have to increase the money supply<br />
before the economy collapsed. Suppose Congress decides to accomplish this by redistributing the<br />
proceeds from the bond sales as restricted bank reserves, setting the restricted reserve requirement at 10<br />
percent. State and local governments could borrow funds for infrastructure projects from local banks<br />
equal to 10 times the reserve amounts (provided local taxpayers agree to new taxes to repay the loans).<br />
Everybody wins. The federal government, using the bullion now collecting dust at the Treasury, redirects<br />
a significant portion of net national production toward rebuilding a crumbling America, new roads,<br />
bridges, and other public facilities including water supply and waste disposal plants. Bankers earn a fee<br />
for handling the transaction. Voters once again get back into the loop. Proposed projects die without local<br />
approval. Lastly, because principal is repaid before the monetization-fee, low debt-service factors on<br />
long-term projects keep the cost down and local taxes low.<br />
<strong>NESARA</strong> offers a tremendous opportunity to rebuild the national infrastructure. Congress initiates the<br />
plan, but the plan is administered and controlled at the local level where the people build their own<br />
prosperity.<br />
Just like the Founding Forefathers intended.<br />
Eliminates Bank Failures<br />
In the 1930s, regulatory policies encouraged savings and loan institutions (S&Ls), traditionally funded<br />
with short-term deposits, to make long-term fixed-rate mortgages to facilitate home ownership. In line<br />
with this policy, state laws imposed interest-rate ceilings on mortgages and Federal law banned<br />
adjustable-rate mortgages.<br />
This made excellent public policy until interest rates spiked in the 1980s and S&Ls lost so much money<br />
that many institutions failed. The initial legislative and regulatory response to the impending crisis? Wait<br />
and hope: Capital standards, the amount of cash the S&Ls were required to have, were reduced and<br />
insolvent institutions continued to operate.<br />
As the situation got worse, new legislation appeared. The Depository Institutions Deregulation and<br />
Monetary Control Act of 1980 (DIDMCA) and the Garn-St. Germain Act of 1982 granted expanded<br />
investment powers in hopes of recovery.<br />
Imagine yourself as the manager of one of these troubled institutions: Profitability is declining or already<br />
negative. Regulation, such as it is, is lax. With the new legislation, you have the power to raise more<br />
funds by promising additional yield to all of your depositors who are protected by flat-rate deposit<br />
insurance and you are suddenly able to legally invest in previously forbidden high-risk schemes which<br />
might produce higher returns. What are you likely to do? Forget caution; you take the risk and possibly<br />
survive.<br />
Because of continuing bailouts, by the mid-1980s the Federal Savings and Loan Insurance Corporation<br />
(FSLIC) was broke while failures continued. Regulators, attempting to protect their reputations and jobs,<br />
hid the problems from the public. Needing a solution without money, they arranged mergers between<br />
failed institutions and solvent ones, routinely offering non-cash incentives such as yield guarantees,<br />
promises difficult if not impossible to keep.<br />
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By the time the dust settled, direct cost to the taxpayers for the bailout was somewhere between $150-<br />
$200 billion. Add the cost of insurance premiums, always paid by somebody, and those numbers really<br />
move up.<br />
General economic instability and downright mismanagement hit the S&Ls hard. Meanwhile, the<br />
commercial banks, operating in the same environment, faced severe challenges of their own.<br />
Deregulating deposit pricing, the return offered for making the deposit, and expanding permissible<br />
investment activities for the S&Ls increased the level of competition at commercial banks. Money Market<br />
Mutual Funds, paying higher interest rates, siphoned off large volumes of their deposits. At the same<br />
time, commercial banks lost many of their major corporate clients, as the market then allowed obtaining<br />
short-term financing with commercial paper instead of bank loans.<br />
Other traditional commercial banking products fell under an attack of financial innovation and<br />
specialization. Their home mortgage business slowly drifted away and their letters of credit and forward<br />
contracts were replaced by exchange-traded derivatives.<br />
This was a long way from earlier and better times. The Federal Deposit Insurance Act of 1950 used a<br />
rebate system to cut the assessment rate on insured deposits from 8.7 cents per $100 to 3.7 cents per $100.<br />
FDIC insurance reserves were invested in Treasury securities and in 1961, for the first time, investment<br />
income exceeded assessment income. Insurance coverage was increased by the 1950 Act from $5k to<br />
$10k. (It increased to $15,000 in 1966, to $20,000 in 1969, to $40,000 in 1974 and to $100,000 with the<br />
DIDMCA.) The 1950 Act also provided for direct “open-bank assistance” to a failing insured bank<br />
whenever, in the opinion of the Board of Directors of the FDIC, its continued operation was essential in<br />
maintaining adequate banking services to the community.<br />
This last provision of the 1950 Act likely contributed to another shift in the regulators’ attitude which<br />
added to the scope of the problem. The Too Big To Fail (TBTF) Doctrine, based on the premise that the<br />
failure of a large institution could, through a domino effect, start banking runs that might bring down the<br />
whole monetary system, was implemented twice: First Pennsylvania Bank, with $8 billion in assets, in<br />
1980 and Continental Illinois National Bank, with $45 billion in assets, in 1984.<br />
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Total failures of insured deposit institutions hit a peak of 534 in 1989.<br />
Note: Data for S&Ls prior to 1980 not shown.<br />
Meanwhile, Congress did not just sit on its hands. In 1989 it enacted the Financial Institution Reform,<br />
Recovery, and Enforcement Act (FIRREA), with many of its provisions pointed at the FDIC. The former<br />
Federal Deposit Insurance Fund was renamed the Bank Insurance Fund (BIF). A new Savings<br />
Association Insurance Fund (SAIF) replaced the defunct Federal Savings and Loan Insurance Fund under<br />
FDIC management. And the FSLIC Resolution Fund of the Resolution Trust Corporation (RTC) created<br />
by FIRREA to resolve failed and failing savings associations problems and to manage savings association<br />
receiverships, was placed under FDIC management.<br />
With the Federal Deposit Insurance Corporation Improvement Act (FDICIA), enacted in December of<br />
1991, Congress addressed FDIC procedures and practices. The flat rate for deposit insurance, set by<br />
statute became a risk based assessment system with each bank’s assessment reflective of the risks it posed<br />
to its insurance fund. Five capital zones, ranging from well-capitalized to critically undercapitalized, were<br />
established along with increasingly harsh restrictions and mandatory prompt corrective action by<br />
regulators who now had authority to close a failing insured bank.<br />
In situations threatening systemic risk, that To Big To Fail Doctrine, FDICIA requires the FDIC Board,<br />
the Board of Governors of the Federal Reserve System, and the Secretary of the Treasury, in consultation<br />
with the President, to agree that the closure of the insured institution would have a serious effect on<br />
economic conditions or financial stability. To cover insurance losses, FDIC may borrow up to $30 billion<br />
from the Treasury, money to be repaid through deposit insurance assessments.<br />
The banking industry struggled through the 1990–91 recession with lingering losses on commercial real<br />
estate, loan demand down, and the Bank Insurance Fund insolvent by $7 billion. Thanks to legislative<br />
action and taxpayer bailout, it recovered, but only at enormous cost.<br />
Following the 1990–91 recession, the U.S. economy began a major expansion. Interest rates plummeted,<br />
the average yield on three-month Treasury bills fell and remained near 3% throughout 1993. The number<br />
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of unprofitable banks decreased from one out of 9 in 1991 to less than one in 20 by 1997. Southwest Bank<br />
of Jennings, Louisiana, failed on November 21, the only bank to fail that year.<br />
By developing new products and services (ATMs, derivatives, etc.) less affected by interest rate swings,<br />
commercial banks became less reliant on net interest income. Consolidation reduced their numbers by<br />
more than 3,000. Bank holding companies, responding to the Riegel-Neal Interstate Banking and<br />
Branching Efficiency Act of 1994, combined their bank subsidiaries. The Act also enabled interstate<br />
combinations between unaffiliated banks. Some of the nation’s largest banks merged.<br />
Record profits in the banking industry wetted appetites for financial deregulation and the elimination of<br />
what many perceived to be obsolete Depression-era laws. The 1933 Glass-Steagall Act (P.L. 48–162,<br />
Sections 20 and 32) prohibited banks and securities firms that dealt in ineligible securities from owning or<br />
controlling each other. Banks could not own securities firms or underwrite or sell most stocks and bonds.<br />
Insurance companies could not own banks or take deposits. Each type of institution had its own<br />
regulatory agency jealously guarding its authority.<br />
During the past 20 years, technological advances and innovative managers, using seemingly minor<br />
loopholes in the law and technological advances, bypassed long established divisions of authority.<br />
Commercial banks increased their securities activities up to the legal limits. Securities companies bought<br />
or established new companies, known as non-bank banks, offering credit cards and other banking<br />
products. As distinctions between their products blurred, Congress moved toward deregulation of<br />
financial services culminating in the Gramm-Leach-Bliley Act of November 1999.<br />
The G-L-B Act repealed the affiliation prohibitions of the Glass-Steagall Act, eliminating restrictions<br />
applicable to many banks, securities firms and insurance companies, and amended the Bank Holding<br />
Company Act of 1956 to permit cross-ownership and control among bank holding companies.<br />
Qualified Financial Holding Companies (FHCs) may now engage in a broad range of financial activities<br />
such as: dealing in securities; dealing in insurance in any state; lending, exchanging, transferring,<br />
investing for others or safeguarding money or securities; and acting as a financial or investment advisor.<br />
In addition FHCs may engage in related activities including making “merchant banking” investments.<br />
This allows an FHC to own a company engaged in activities not otherwise permissible for an FHC.<br />
If nothing else, the G-L-B Act is written in politically correct language with appropriate public<br />
safeguards. Its supporters claim that allowing one company to meet all of its customers’ financial needs<br />
will save $15 billion a year in fees due to greater competition and efficiency. That may be true, but it<br />
could just as easily be false.<br />
The effect of the G-L-B Act is to put a lot of eggs in a few very large baskets. It makes sweeping changes<br />
in magnitude but none of these changes are fundamental. They all follow established Congressional<br />
policies of improving banking regulations, earlier and better detection of problem banks and more<br />
efficient resolution of bank failures. Without a doubt, this is a safer system but humans remain in charge.<br />
Bank failures as the result of human error, even catastrophic failures, remain possible.<br />
<strong>NESARA</strong> takes a different approach, calling for fundamental changes in monetary and banking policy,<br />
changes that make bank failures virtually impossible. It reorganizes banks as public service utilities, as<br />
fiduciary institutions, giving them responsibility for handling other peoples’ money but never allowing<br />
them to put that money at risk.<br />
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Under <strong>NESARA</strong>, banks acquire a market segment, namely the making of secured loans by monetizing<br />
their clients’ debts, with such a tremendous competitive edge that no other type of financial institution<br />
could compete. As regulated public utilities, commercial banks earn a steady, though not exceptional,<br />
profit for their owners at almost no risk. Bank size becomes less important. Small, local banks can<br />
effectively serve their communities as well as the larger national banks.<br />
Recognizing commercial banks as public service utilities settles once and for all who actually owns the<br />
nation’s supply of currency and who receives the benefits of that ownership — We, the American people.<br />
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Please Support the <strong>NESARA</strong> Institute<br />
<strong>NESARA</strong> began as a one-man crusade; then there were two, and now three. Many people warned that we<br />
were wasting our time, that we could never win against the special interest groups. Yet, look at how far<br />
we have come with pure desire and modest resources!<br />
The newly created <strong>NESARA</strong> Institute, a non-profit educational organization, does not yet have an office,<br />
any staff, or even a telephone. This effort to heal America is truly a grass roots movement and before<br />
creating the Institute this effort was supported strictly through personal efforts.<br />
However, despite these growing pains, the <strong>NESARA</strong> Institute does have a goal and a straightforward plan<br />
for achieving that goal.<br />
With most of the work completed, national publicity is the primary task remaining. At this point we could<br />
definitely use your help in two areas.<br />
Spreading the word:<br />
Invest some of your time learning about <strong>NESARA</strong> and telling others of the immediate personal benefits.<br />
Financial Support:<br />
Provide a contribution to:<br />
Or visit the web site to transfer funds electronically.<br />
<strong>NESARA</strong> Institute<br />
7635 Jefferson Hwy. No. 354<br />
Baton Rouge, Louisiana 70809<br />
Although very expensive, national advertising is still the most cost effective and powerful way to quickly<br />
inform a lot of people about the benefits of <strong>NESARA</strong>. The amount of serious attention Congress provides<br />
to new proposals is directly proportional to demonstrations of public support. Like many things in life, the<br />
benefits we expect to receive are often related to our own initial efforts. A little support now provides<br />
huge rewards later.<br />
It’s your life and your country, and long past time for you to become directly involved in writing the laws<br />
that shape our destiny. If three people can get this far working by themselves, just think what a few more<br />
could do!<br />
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