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Coronavirus Funds Concerns

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ALERT - Texas Municipal League willfully misinforms cities regarding receipt of Coronavirus funds stating, "The Agreement does not create a contractual relationship between the non-entitlement Recipient City and any department or division of the federal government."  FALSE!

See communications with Bill Longley, General Counsel for TML requesting a copy of the notice sent to their members informing them of their errant opinion.  As of 12/17/21 - No reply.

On November 8, Governor Abbott signed SB 8 - 87th (3) bill that appropriated $16.3 billion Coronavirus State and Local Fiscal Recovery funds.  For populations under 50,000 known as Non-Entitlement Units (NEU), these funds are administered by Texas Department of Emergency Management for various local governments.  Governor Abbott did not address the concerns that the Recipients of the state and local funds must enter into contract with the US Department of Treasury where the terms and conditions require Recipients to comply with federal executive orders.  By the statement below, we have reasonable evidence that Governor Abbott's office received the concerns of this veto campaign since he addressed the current federal overreach concerns of COVID-19 vaccination mandate.  The Veto SB 8 campaign concerns are much broader than this current vaccine mandate but rather any federal executive order that can make state and local governments subservient to "stroke of the pen" actions. 

Governor Abbott failed to defend Texans against these contractural federal executive orders, which will be upheld constitutionally per Article 1 Section 10 of the US constitution and could subject a cascade of compliance requirements reaching employees, subcontractors, and even customers is troubling since we know his office was informed of these concerns.  The defense of this transfer of sovereignty of local governments by US Treasury contract now falls on the citizens of each of the 254 counties and over 2,000 municipalities and communities to stop these contracts.  Visit the Take Action page.

Must-see interview on Children's Health Defense TV.

Host Dawn Richardson discusses CDC contracts with COVID-19 vaccine administration to require the registration of the vaccinated person into a “state, local, or territorial public health authority” database or face criminal or civil penalties  and discussion on action items with Sarah Kenoyer -  first 30 minutes.

Sheila Hemphill discusses the Coronavirus Recovery and Relief Funds requiring Recipients to contract with the US Department of Treasury with terms and conditions that require compliance with federal executive orders for Recipients, Recipient's employees, subcontractors and depending on the use of the award, to utility customers - second 30 minutes.

Will these US Treasury contracts that make state and local governments subservient to federal executive orders be held constitutionally compliant since the terms are agreed to by consent and "no state shall pass any law impairing the obligation of contracts?"

Article I, Section 10 of the US Constitution:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;    make any Thing but gold and silver Coin a Tender in Payment of Debts; 
pass any Bill of Attainder, ex post facto Law or 

Law impairing the Obligation of Contracts, or grant any Title of Nobility.

This would include the contracts between the US Department of Treasury and the Recipients (states, counties, cities, businesses, and "other parties in any agreements", etc.) of the Coronavirus Relief, Recovery and Capital Project Funds where Recipients agree to the terms and conditions "by consent of contract" to comply with federal executive orders.

!! ALERT !!

Update: On October 25 at  “We The People – Our Takeback”  meeting in Lakeway, TX, I inquired of Texas Supreme Justice John Devine as to whether he believed we Texans were at risk of having our human rights and our constitutional rights as Texans, to control our bodily integrity and our health care decisions, contracted away by the legislature's acceptance of the $16B of federal Coronavirus funds that require acceptance of US Treasury terms and conditions that define all recipients and everyone with whom they enter into agreements as "federal contractors" subject to executive orders?",
said attendee Scott McKenzie.
 Justice Devine’s response was, “Yes, that is a concern.”






Texas Senate 8 (SB 8) passed in the third special session (87 3) will appropriate $16.3 billion of the
Coronavirus State and Local Fiscal Recovery Funds from the
federal American Rescue Plan of 2021
to Recipients, which include states, cities, businesses, and individuals, etc.

Recipients of these Fiscal Recovery Funds are under "obligation of contract" with the US Department of Treasury in order to receive the funds. 


"Built into this plan, for example, is the potential for a federal demand of city governments, contracted to these recovery funds which serve their electric and water systems, to require all municipal utility customers to be vaccinated in order to continue receiving city utilities that were benefited from the fund awards," so opines Mallory Miller, Texas attorney.


That abusive potential is built into the contract with the

US Department of Treasury

Coronavirus State and Local Fiscal Recovery Funds

Award Terms and Conditions (pg 3 Section 9-"the contract")
as detailed in the Interim Final Rule.

Section 9 - "Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award."

In the event of an issuance of a federal executive order for all Recipients to receive the COVID-19 vaccine, will all Recipient’s employees, subcontractors, and customers who benefit from “award” activities be coerced into taking vaccinations to keep their jobs or to continue to receive Recipient’s services?


1. Could this federal executive order apply to all City utility customers as
"other parties in any agreements?"

2. Would the City be required to discontinue services to utility customers who receive services "related to this award"  who do not comply with receiving the COVID-19 vaccine?

3.  Today, the Executive Order of concern is for the COVID-19 vaccine, what about tomorrow's order?  According to a February 5, 2021 National Institute of Health Publication  "7. Current status of vaccine candidates in pipeline:  Currently, as of 29th October [2020] there are 201 vaccine candidates active globally, of which 45 are in clinical phase and 156 in preclinical phase."





It is clear from the July 2, 2021 announcement by Texas Department of Emergency Management section Participant Responsibilities: Non Entitlement Units (NEU), [aka Recipients], participating in the program will have direct obligations to the Treasury Department, including reporting and recordkeeping requirements.

If an executive order is issued by the President that affects all Texans, Texans would be under the protection of the Attorney General of Texas to defend Texans.  However, Recipients of these funds will be under "obligation of contract" with the US Department of Treasury which is outside of the authority of the Attorney General per Article I Section 10 below, and the state cannot defend you as the "Recipient" and your customers as the "other parties."

According to Article I, Section 10 of the US Constitution:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;    make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law or 

Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Texas laws protecting you from mandatory masks and COVID-19 vaccinations will not save you from federal executive orders.  Employers with federal contracts are still mandating COVID-19 vaccines for their employees in violation of Governor Abbott's Executive Order prohibiting COVID-19 vaccine mandates.




See 10/8/21 letter from the White House as President Biden's intent for use 

of these Fiscal Recovery Funds ...

"On March 11, 2021, I signed into law the American Rescue Plan,
a law that will help vaccinate America"


"We are on the path to vaccinating the nation."

The US Department of Treasury contract for these funds is outside of state law and Legislators who voted for SB 8 were not alerted to the contract terms and conditions until October 6th.  The bill passed both the Senate and House on October 15th.  It was signed by the House at 1:39 AM in the early morning of October 19th, the last day of the third special session. 
  On 10/23/21, SB 8 was sent to the Comptroller's office.


According to the 10/15/21 letter from Texas Attorney General Ken Paxton, he is advising that,


"President Biden recently issued a federal executive order directing federal departments and agencies to begin including a clause in federal “contract and contract-like instruments” specifying that contractors must comply with “workplace safety protocols” that would apply to “all covered contractor employees, including contractor or subcontractor employees.”  

These protocols will now include a requirement that covered employees receive a COVID-19 vaccination.
Thus, President Biden’s order potentially conditions the continuation of federal funding on your agency’s cooperation in compelling your employees to receive a COVID-19 vaccination."

as General Paxton continues...

"I understand that many state agencies receive federal funding through contractual and quasi-contractual agreements with the federal government. In some cases, federal money pays the salaries of your employees, and you now face the difficult decision of violating state law or potentially losing federal funding.

We will defend the State of Texas and its dedicated public servants from this federal overreach, and we hope that your agency will stand with us. We did not choose this fight, but we will fight back to uphold the Constitution and the laws of the State of Texas. We will support any agency that follows state law and seeks to resist the repressive funding conditions being unlawfully imposed by President Biden, but we note that any violation of state law may expose your agency and its principals to liability."

Recipients of the Coronavirus Fiscal Recovery Funds and their sub-recipients, vendor, employees, and customers, "other parties", are one Executive Order away from being mandated to take the COVID-19 vaccine in order for the Recipient to stay compliant.

If the Recipient is found not to be compliant with the
US Department of Treasury's 
Award Terms and Conditions,
will the federal government:

1.      Demand the repayment of all funds received?

2.      Seize their bank accounts?

3.      Seize their property?

4.      Incarcerate the recipient?

The author of SB 8 is Senator Jane Nelson with House sponsor Representative Greg Bonnen.

As of 10/23, SB 8 is at the Comptroller's office and was delivery to Governor Abbott's on 10/26.

Once the $16.3 billion SB 8 bill arrives to Governor Abbott’s office, we have 20 days for three things to happen: 


  1. Governor Abbott signs SB 8 bill and it becomes effective immediately and Governor Abbott sells out Texans for $16.3 billion about $500 a head placing Recipients under the control of federal executive orders. 

  2. Governor Abbott does nothing, SB 8 bill becomes law in 20 days and Governor Abbott sells out Texans for $16.3 billion about $500 a head placing Recipients under the control of federal executive orders. 

  3. Governor Abbott vetoes the $16.3 billion SB 8 bill and 
    SAVES Texans from the control of federal executive orders!

See what the Whistleblower tells 

Natural News    |    See Interview

From the Whistleblower with 24 years of working with federal contracts:


 "Those counties and cities, in turn, are using the federal money to award contracts to local contractors. Those contractors have employees and can hire subcontractors who have their own employees.

All through this chain — Federal money, state money, city money, county money, contractor money, payroll money — the money comes with a mandatory vaccine requirement or the funds have to be repaid."


See Vaccine Prohibition Testimonies

Data from 10/14/21 Worldometer data

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