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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 />

2


<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 />

5


<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 />

8


<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 />

11


<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 />

13


<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 />

14


(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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

(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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

(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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

(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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The National Economic Stabilization and Recovery Act<br />

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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<strong>NESARA</strong><br />

The National Economic Stabilization and Recovery Act<br />

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 />

42


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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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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<strong>NESARA</strong><br />

The National Economic Stabilization and Recovery Act<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 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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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The National Economic Stabilization and Recovery Act<br />

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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