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July 17, 2025
Fentanyl Designated As Schedule I Substance, More Lawfare, OBBB Title VII Finance Chapter 3 Putting America First In The Tax Code, And Patriot Edward Rutledge
It passed with a vote of 321-104. Of the yeas, 217 were republican and 104 were democrat. Of the nays, 1 was republican (Massie) and 103 were democrat - Aguilar, Ansar, Balint, Barragan, Bell, Bera, Beyer, Conamici, Brown, Brownley, Budzinski, Carson, Cesar, Casten, Castor (FL), Castro (TX), Chu, Cisneros, Clark (MA), Clarke (NY), Cleaver, Clyburn, Crockett, Crow, Davis (IL), Dean (PA), DeGette, DeSaulnier, Dexter, Dingell, Doggett, Escobar, Espaillat, Evans (PA), Fletcher, Frankel, Lois, Frost, Garcia (CA), Garcia (IL), Garcia (TX), Goldman (NY), Gomez, Green, Al (TX), Hayes, Huffman, Jacobs, Jayapal, Jeffries, Johnson (GA), Kamlager-Dove, Kelly (IL), Khanna, Krishnamoorthi, Lee (PA), Leger Fernandez, Liccardo, Lieu, Lofgren, Matsui, McBath, McClellan, McCollum, McGarvey, McGovern, McIver, Meeks, Menendez, Moore (Wi), Moulton, Mullin, Nadler, Neguse, Ocasio-Cortez, Omar, Pallone, Pettersen, Pingree, Pocan, Pressley, Ramirez, Raskin, Rivas, Sanchez, Scanlon, Schakowsky, Scott (VA), Sherman, Simon, Smith (WA), Soto, Stansbury, Thanedar, Thompson (MS), Tlaib, Tokuda, Tonko, Trahan, Underwood, Vargas, Velazquez, Waters, Watson Coleman, and Williams (GA).
Of "not voting" 2 were republican (Finstad & Lee(FL)) and 5 were democrat (Beatty, Correa, Meng, Norcross, & Randall).
Of course, the loony left are claiming this law will disproportionately effect "communities of color" and "exacerbate the stark racial disparities" in the justice system. However, the fact sheet issued by the US Senate Committee on the Judiciarypreserves fentanyl's use for legitimate medical purposes as a Schedule II drug, codifies existing penalties (the bill does not modify penalties), and streamlines the registration process for researchers.
I did not realize that it takes a LAW to include a chemical substance on the Controlled Substances List. Now if Congress would begin codifying President Trump's single-topic EOs as quickly as they've passed this single-topic law (and others like it), we'd be in business!
Also on July 16, 2025, the White House published the articleICYMI: President Trump Announces $92+ Billion in AI, Energy Powerhouse Investmentsexplaining how President Trump's visit to Pennsylvania yesterday showcased a $92,000,000,000 promise to build in the US from businesses. Remarks fromBlackstone President and COO Jon Gray,Google President and CIO Ruth Porat,FirstEnergy CEO Brian Tierney,Westinghouse CEO Dan Sumner, andCoreWeave CEO Mike Intrator were all thanking President Trump for his leadership and support.
53 Presidential Orders, Memoranda, Determinations, Permits, and Notices
Since President Trump took office, The Federal Register is behind:
1 EOs
1 Declaration of Emergency,
3 Grants of Clemency,
36 Memorandums,
2 Messages,
4 Statements,
18 Nominations and Appointments, and
1 Notice
Maybe the registrar's staff is on vacation? My inquiry to the White House was acknowledged as received but nothing further has happened. My first email to Karoline Leavitt was bounced back (turns out the email I found online was no longer active). My second email to the Secretary of State's Publicity Department seems to have been placed in the bit bucket.
On July 15, 2025, President Trump signedContinuation of the National Emergency With Respect to Hostage-Taking and the Wrongful Detention of United States Nationals Abroad which went straight to the Federal Register and was just published today July 17, 2025. This Presidential Notice cites the July 19, 2022 EO 14078 where the President declared a national emergency about the hostage-taking and wrongful detention of US nationals abroad. This Presidential Notice extends that EO for another year.
13 SCOTUS stays or motions to vacate of lower court orders
1 SCOTUS affirmation of lower court order
18 suits where judges granted summary judgement or a permanent injunction
3 suits where judges ruled for the federal government
On July 16, 2025 the Preliminary Injunction was appealed in the case of Colorado v. Department of Health and Human Services docket 1:25-cv-00121 District court, D. Rhode Island originally filed April 1, 2025 Colorado filed this lawsuit over $11 billion in public funding to them that was cancelled. On April 5, 2025, the court applied a temporary restraining order while evidence was gathered and presented.
On April 8, 2025, the complaint was amended to include an additional 21 [democrat-led] states and other individuals:
AMENDED COMPLAINT against All Defendants, filed by State of Illinois, State of North Carolina, State of Connecticut, State of Rhode Island, State of Nevada, State of Oregon, State of Colorado, State of New Jersey, Josh Shapiro, State of Maine, State of Michigan, State of Arizona, State of California, District of Columbia, Office of the Governor ex rel. Andy Beshear, State of Maryland, Commonwealth of Massachusetts, State of New York, State of Delaware, State of Minnesota, State of Wisconsin, State of Hawaii, State of New Mexico, State of Washington. (Moskowitz, David) (Entered: 04/08/2025)
The complaint also included as causes of action that there was:
Count I Violation of the Administrative Procedure Act - Contrary to Law Defendants' Agency-Wide Public Health Funding Decision (apparently, even though covid was determined to be "over" the states still want the funding for it because THEY haven't decided it's over for their state).
Count II Violation of the Administrative Procedure Act - Contrary to Law SAMHSA Termination Notices (where they claim the pandemic being over is not a valid reason to cancel the grants for the pandemic and that ONLY Congress can cancel the grants).
Count III Violation of the Administrative Procedure Act - Contrary to Law CDC Termination Notices (again, they claim the grants were cancelled without "cause" as defined by law).
Count IV Substantive Violation of the Administrative Procedure Act - Arbitrary & Capricious (because they claim Congress didn't say they could and because removing the covid money would cause them financial harm? How would it cause financial harm if they were using covid money for covid programs that are no longer necessary?).
Count V Separation of Powers (claims Congress holds the "purse" not the President therefore only Congress can take back the grant money).
Count VI Spending Clause (says the federal courts have the power over federal officials and that HHS violated the Constitution).
Count VII Equitable Ultra Vires (they say they are ENTITLED to preliminary and permanent injunctive relief and that federal courts can give it to them).
On May 14, 2025 the case was reassigned to District Judge Mary S McElroy with no reason provided for removing the previous judge.
MEMORANDUM AND ORDER: Upon consideration of the States' Motion for a Preliminary Injunction (ECF No. 60 ), it is hereby ORDERED:1) Defendants and all their respective officers, agents, servants, employees and attorneys, and any persons in active concert or participation with them who receive actual notice of this order (collectively "Enjoined Parties") are hereby preliminarily enjoined from implementing or enforcing through any means the decision made on or about March 24, 2025 that numerous health programs and appropriations responsible for $11 billion of critical federal financial assistance were "no longer necessary" because the "COVID-19 pandemic is over" ("Public Health Funding Decision"), including any funding terminations, or from taking any action to reinstitute the Public Health Funding Decision for the same or similar reasons. This injunction is limited to funding for Plaintiff States, including their local health jurisdictions and any bona fide fiscal agents of Plaintiff States or their local health jurisdictions. 2) The Enjoined Parties shall immediately treat any actions taken to implement or enforce the Public Health Funding Decision, including any funding terminations, as null and void and rescinded. The Enjoined Parties must immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation.3) Defendants' counsel shall provide written notice of this order to all Defendants and agencies and their employees, contractors, and grantees by the end of the day on Tuesday, May 20, 2025.4) By the end of the day on Tuesday, May 20, 2025, the Defendants SHALL FILE on the Court's electronic docket a Status Report documenting the actions that they have taken to comply with this Order, including a copy of the notice and an explanation as to whom the notice was sent.5)For the reasons stated in the Court's Order, the Court finds that a bond is not mandatory under these circumstances and exercises its discretion not to require one. So Ordered by District Judge Mary S. McElroy on 5/16/2025. (CP) (Entered: 05/16/2025)
In other words, continue to pay the states who joined the lawsuit for covid-era grants even though the "emergency" is over and the funds are supposed to be recalled because they are no longer being used for the covid "emergency." Of course HHS filed an appeal on July 15, 2024 and the court acknowledged the appeal was filed on July 16, 2024.
It looks like the loony left have changed their tactics to say federal judges have the right to overrule federal officials. So if a federal judge thinks HHS has overstepped its bounds, they can rule against the HHS because HHS is federal. It will take a ruling (actually multiple rulings because they 'don't get it' the first few times) by SCOTUS to stop this nonsense.
Seems to me once Congress allocates funds for the different departments, it is up to the departments to determine how to best utilize those funds. Unless Congress specifically stated that a certain amount of money was to be used for a particular thing out of that department's budget, it is up to the department to whom, for how much, and for how long grants are made and whether or not to revoke said grants.
Sec. 70301. Full expensing for certain business property is made permanent with a recovery period of 7 years or less with 100% expensing. Plus provides a taxpayer "optional" for qualified property through Section 168(k)(10) substituting 40% for the 100%. Applies to property acquired after January 19, 2025. Effective after December 31, 2024.
Sec. 70302. Full expensing of domestic research and experimental expenditures with an optional 10-year write-off per section 59(3)(2)(B). Expenditures under this section will be recognized as a change in method of accounting per 174A(b) and 174A(d). There are new transition rules for this accounting.
Sec. 70303. Modification of limitation on business interest starting after December 31, 2024 and applies to certain trailers and campers including those designed to provide "temporary living quarters for recreational, camping, or seasonal use and is designed to be towed by, or affixed to, a motor vehicle."
Sec. 70304. Extension and enhancement of paid family and medical leave credit amends section 45S employers can choose one of 2 ways to determine paid family & medical leave credit: "(A) the applicable percentage of the amount of wages paid to qualifying employees with respect to any period in which such employees are on family and medical leave or (B) if such employer has an insurance policy with regards to the provision of paid family and medical leave which is in force during the taxable year, the applicable percentage of the total amounts of premiums paid or incurred by such employer during such taxable year with respect to such insurance policy." This section prohibits double benefits. This section is effective after December 31, 2025.
Sec. 70305. Exceptions from limitations on deduction for business meals the Act provides an exception for meals on certain fishing boats and fish processing facilities not subject to the 50% limitation Section 274(n)(2)(C) as long as the facility for fish processing is located in the US north of 50 degrees north latitude and is not located in a metropolitan statistical area). (So, in the boonies where it's hard to 'go out' for food.) Effective after December 31, 2025.
Sec. 70306. Increased dollar limitations for expensing of certain depreciable business assets in Section 179(b) raising the limit in paragraph 1 to $2,500,000 and in paragraph 2 to $4,000,000. This is effective for taxable years after December 31, 2024.
Sec. 70307. Special depreciation allowance for qualified production property meaning property that is an integral part of a qualified production activity in the US construction of which begins after January 19, 2025 and before January 1, 2029 and designated by the taxpayer as being under this section, and placed in service before January 31, 2031 allowing for 100% of the adjusted basis of the qualified production property. This provision excludes office space, administrative services, lodging, parking, sales activities, research activities, or other functions unrelated to the manufacturing, production, or refining of tangible personal property. This section needs to be coordinated with subsections (k)(7), (I)(3)(D), and (m)(2)(B)(iii). This section shall apply to property placed in service after July 4, 2025 (the date of the enactment of this Act).
Sec. 70308. Enhancement of advanced manufacturing investment credit changes 25% to 35% effective after December 31, 2025.
Sec. 70309. Spaceports are treated like airports under exempt facility bond rules. Under these rules, a facility is NOT required to be open to the public; manufacturing facilities and industrial parks ARE allowed under this provision. This is effective as of July 4, 2025.
Sec. 70311. Modifications related to foreign tax credit limitation alters tax code to read: (5) Deductions treated as allocable to foreign source net CFC tested income - Solely for purposes of application of subsection (a) with respect to amounts described in subsection (d)(1)(A), the taxpayer's taxable income from sources without the US shall be determined by allocating and apportioning - (A) any deduction allowed under section 250(a)(1)(B) (and any deduction allowed under section 164(a)(3) for taxes imposed on amounts described insection 250(a)(1)(B) to such income, (B) no amount of interest expense or research and experimental expenditures to such income, and (C) any other deduction to such income only if such deduction is directly allocable to such income. Any amount or deduction which would (but for subparagraphs (B) and (C)) have been allocated or apportioned to such income shall only be allocated or apportioned to income which is from sources within the US. Effective after December 31, 2025.
Sec. 70312. Modifications to determination of deemed paid credit for taxes properly attributable to tested income increase the original 80% to now 90% effective after December 31, 2025. In addition, the following revision is made to (4) Disallowance of Foreign Tax Credit With Respect to Distributions of Previously Taxed Net CFC Tested Income - No credit shall be allowed under section 901 for 10% of any foreign income taxes paid or accrued (or deemed paid under subsection (b)(1)) with respect to any amount excluded from gross income under section 959(a) by reason of an inclusion in gross income under section 951A(a) effective after June 28, 2025.
Sec. 70313. Sourcing certain income from the sale of inventory produced in the United States adds (6) Source Rules for Certain Inventory Produced in the US and Sold Through Foreign Branches - For purposes of this section, if a US person maintains an office or other fixed place of business in a foreign country (determined under rules similar to the rules of section 864(c)(5)), the portion of income which - (A) is from the sale or exchange outside the US of inventory property (within the meaning of section 865(i)(1)) - (i) which is produced in the US, (ii) which is for use outside the US, and (iii) to which the third sentence of section 863(b) applies, and (B) is attributable (determined under rules similar to the rules of section 864(c)(5)) to such office or other fixed place of business, shall be treated as from sources without the US except that amount so treated shall not exceed 50% of the income from the sale or exchange of such inventory property. Effective after December 31, 2025.
Sec. 70321. Modification of deduction for foreign-derived deduction eligible income and net CFC tested income amends Section 250(a) (1) from 37.5% to 33.34%; (2) 50% to 40%; and eliminating (3). Effective December 31, 2025.
Sec. 70322. Determination of deduction eligible income adds (VII) except as otherwise provided by the Secretary, any income and gain from the sale or other disposition (including pursuant to the deemed sale or other deemed disposition or a transaction subject to 367(d) of (aa) intangible property (as defined in section 367(d)(4)), and (bb) any other property of a type that is subject to depreciation, amortization, or depletion by the seller, effective after June 16, 2025. And modifies (b) Expense Apportionment Limited to Properly Allocable Expenses (ii) expenses and deduction (including taxes), other than interest expense and research or experimental expenditures, properly allocable to such gross income, effective December 31, 2025.
Sec. 70323. Rules related to deemed intangible income changes Section 951A(a) from "global intangible low-taxed income' to "net CFC tested income" where applicable in this section. And alters (b) changing "foreign-derived intangible income" to "foreign-derived deduction eligible income" in each instance for this section. The heading for section 250 strikes "intangible" and inserts "deduction eligible" in each instance in this section. These changes are effective after December 31, 2025.
Sec. 70331. Extension and modification of base erosion minimum tax amount, Section 59A(b) changes 10% to 10.5%. In Section 59A(b)(2)(B)(ii) changes "registered securities dealer" to "securities dealer registered" [don't these mean the same thing?]. These changes are effective after December 31, 2025.
Sec. 70341. Coordination of business interest limitation with interest capitalization provisions adds Section 163(j) (10) Coordination with Interest Capitalization Provisions - (a) In General - In applying this subsection - (i) the limitation under paragraph (1) shall apply to business interest without regard to whether the taxpayer would otherwise deduct such business interest or capitalize such business interest under an interest capitalization provision, and (ii) any reference in this subsection to a deduction for business interest shall be treated as including a reference to the capitalization of business interest. (B) Amount allowed applied first to capitalized interest - The amount allowed after taking into account the limitation described in paragraph (1) - (i) shall be applied first to the aggregate amount of business interest which would otherwise be capitalized, and (ii) the remainder (if any) shall be applied to the aggregate amount of business interest which would be deducted. (C) Treatment of Disallowed Interest Carried Forward - No portion of any business interest carried forward under paragraph (2) from any taxable year to any succeeding taxable year shall, for purposes of this title (including any interest capitalization provision which previously applied to such portion) be treated as interest to which an interest capitalization provision applies. (D) Interest Capitalization Provision. - For purposes of this section, the term 'interest capitalization provision' means any provision of this subtitle under which interest - (i) is required to be charged to capital account, or (ii) may be deducted or charged to capital account. (b) Certain Capitalized Interest Not Treated As Business Interest - Section 163(j)(5) is amended to add "Such term shall not include any interest which is capitalized under section 263(g) or 263A(f). (c) Regulatory Authority Section 163(j) inserts (11) Regulatory Authority - The Secretary shall issue such regulations or guidance as may be necessary or appropriate to carry out the purposes of this subsection, including regulations or guidance to determine which business interest is taken into account under this subsection and section 59A(c)(3). Effective after December 31, 2025.
Sec. 70342. Definition of adjusted taxable income for business interest limitation adds to subparagraph (A) of section 163(j)(8) (vi) the amounts included in gross income under sections 951(a), 591A(a), and 78 (and the portion of the deductions allowed under sections 245A(a) (by reason of section 964(3)(4)) and 250(a)(1)(B) by reason of such inclusions. Effective after December 31, 2025.
Sec. 70351. Permanent extension of look-thru rule for related controlled foreign corporations Section 954(c)(6)(C) removes "before January 1, 2026" effective December 31, 2025.
Sec. 70352. Repeal of election for 1-month deferral in determination of taxable year of specified foreign corporations amends Section 898(c) changing the effective date to "beginning after November 30, 2025" and adding (c) Transition Rule - (1) In General - In the case of a corporation that is a specified foreign corporation as of November 30, 2025, such corporation's first taxable year beginning after such date shall end at the same time as the first required year (within the meaning of section 898(c)(1) of the IRS Code of 1986) ending after such date. If any specified foreign corporation is required by the amendments made by this section to change its taxable year for its first taxable year beginning after November 30, 2025, (A) such change shall be treated as initiated by such corporation, (B) such change shall be treated as having been made with the consent of the Secretary, and (C) the Secretary shall issue regulations or other guidance for allocating foreign taxes that are paid or accrued in such first taxable year and the succeeding taxable year among such taxable years in the manner the Secretary determines appropriate to carry out the purposes of this section.
Sec. 70353. Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules amends Section 958(b) adding (4) Subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a US person as owning stock which is owned by a person who is not a US person. Subpart F of part II of subchapter N of Chapter 1 is amended by inserting the following new section:
Sec. 951B. Amounts Included in Gross Income of Foreign Controlled US Shareholders (a) In General - In the case of any foreign controlled US shareholder of a foreign controlled corporation - (1) this subpart (other than sections 951A, 951(b), and 957) shall be applied with respect to such shareholder (separately from and in addition to, the application of this subpart without regard to this section) - (A) by substituting 'foreign controlled US shareholder' for "US shareholder" each place it appears therein, and (B) by substituting 'foreign controlled foreign corporation' for 'controlled foreign corporation' each place it appears therein, and (2) section 951A (and such other provisions of this subpart as provided by the Secretary) shall be applied with respect to such shareholder - (A) by treating each reference to 'US shareholder' in such section as including a reference to such shareholder, and (b) by treating each reference to 'controlled foreign corporation' in such section as including a reference to such foreign controlled foreign corporation. (b) Foreign Controlled US Shareholder - For purposes of this section, the term 'foreign controlled US shareholder' means, with respect to any foreign corporation, any US person which would be a US shareholder with respect to such foreign corporation if (1) section 951(b) were applied by substituting 'more than 50%' for "10% or more', and (2) section 958(b) were applied without regard to paragraph (4) thereof. (c) Foreign Controlled Foreign Corporation - For the purposes of this section, the term 'foreign controlled foreign corporation' means a foreign corporation, other than a controlled foreign corporation, which would be a controlled foreign corporation if section 957(a) were applied - (1) by substituting 'foreign controlled US shareholders' for 'US shareholders', and (2) by substituting 'section 958(b) (other than paragraph (4) thereof) for section 958(b). (d) Regulations - The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance - (1) to treat a foreign controlled US shareholder or a foreign controlled foreign corporation as a US shareholder or as a controlled foreign corporation, respectively, for purposes of provisions of this title other than this subpart (including any reporting requirement), and (2) with respect to the treatment of foreign controlled foreign corporations that are passive foreign investment companies (as defined in section 1297). Effective after December 31, 2025. (e) Special Rule - (1) In General - Except to the extend provided by the Secretary of the Treasury (or the Secretary's delegate), the effective date of any amendment to the IRS Code of 1986 shall be applied by treating references to US shareholders as including references to foreign controlled US shareholders, and by treating references to controlled foreign corporations as including references to foreign controlled foreign corporations. (2) Definitions - Any term used in paragraph (1) which is used in subpart F of part III of subchapter N of Chapter 1 of the IRS Code of 1986 (as amended by this section) shall have the meaning given such term in each subpart. (f) No Inference - The amendments made by this section shall not be construed to create any inference with respect to the proper application of any provision of the IRS Code of 19786 with respect to taxable years beginning before the taxable years to which such amendments apply.
Sec. 70354. Modifications to pro rata share rules. Subsection (a) of section 951 is amended: (1) In General - (A) each US shareholder which owns (within the meaning of section 958(1)) stock in such corporation on any day during the CFC year shall include in gross income such shareholder's pro rata share (determined under paragraph (2)) of the corporations subpart F income for the CFC year, and (B) each US shareholder which owns (within the meaning of section 958(1)) stock in which corporation on the last day, in the CFC year, on which such corporation is a controlled foreign corporation shall include in gross income the amount determined under section 9567 with respect to such shareholder for the CFC year (but only to the extent not excluded from gross income under section 959(a)(2)). This section goes on to provide oversight by the Secretary, coordination with Section 951A(b) and 951A(c) with effective date of after December 31, 2025 with the exception of dividends if (A) such dividend - (i) was paid (or deemed paid) on or before June 28, 2025, during the taxable year of such controlled foreign corporation which includes such date and the US shareholder described in section 951(a)(1) of such Code (as so in effect) did not own (within the meaning of section 958(a) of such Code) the stock of such controlled foreign corporation during the portion of such taxable year on or before June 28, 2025, or (ii) was paid (or deemed paid) after June 28, 2025, and before such controlled foreign corporation's first taxable year beginning after December 31, 2025, and (B) such dividend does not increase the taxable income of a US person that is subject to Federal income tax for the taxable year (included by reason of a dividends received deduction, an exclusion from gross income, or an exclusion from subpart F income).
Whew! In my opinion, that was a long, convoluted way to modify tax code to reward owning or investing in US businesses/corporations and divesting oneself of ownership or investments in foreign businesses/corporations.
Edward married Henrietta Middleton on March 1, 1774 and they had 3 children.
Edward and his brother John, both represented South Carolina in the Continental Congress from 1774-1776. He was the youngest delegate (at age 21) to sign the Declaration of Independence. In 1776, he returned to South Carolina and took a seat in the General Assembly.
Edward fought at the Siege of Charleston and the Battle of Beaufort in 1779. By May 1780, he was captured with Arthur Middleton and Thomas Heyward and was taken to St. Augustine, Florida. There was a prisoner exchange in July 1781 and all 3 men were released. He returned to South Carolina to service in the General Assembly until 1798 when he became Governor.
Edward died January 23, 1800 at the age of 50 in Charleston, South Carolina. In 1971 his Charleston home became a National Historic Landmark that is currently being operated as a B&B called the Governor's House Inn.
ANP Fundraiser:
Dangerous, Derogatory, Harmful, Unreliable!
Those are some of the exact words used by Googles censors, aka 'Orwelliancontent police,' in describing many of our controversial stories.Stories later proven to be truthful and light years ahead of the mainstream media. But because we reported those 'inconvenient truths' they're trying to bankrupt ANP.
