[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3207-S3210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Mr. Inhofe, Mr. Moran, Mr. Jones, and 
        Mrs. Hyde-Smith):
  S. 4053. A bill to amend the Energy Policy Act of 1992 to modernize 
the EPSCoR program of the Department of Energy, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr. REED. Mr. President, today I introduce, along with Senator 
Inhofe, Senator Jones, Senator Moran, and Senator Hyde-Smith, the DOE 
EPSCoR Modernization Act of 2020.
  As many of our colleagues are aware, the Department of Energy 
Established Program to Stimulate Competitive Research (DOE EPSCoR) was 
established by the Energy Policy Act of 1992 (P.L. 102-486). This 
critical initiative seeks to improve the capacity of eligible states to 
conduct nationally competitive energy research and connect eligible 
states with the National Laboratory System.
  The purpose of the bill we are introducing is to broaden the scope of 
the

[[Page S3208]]

research funded by the DOE EPSCoR program beyond basic science, to 
encompass the full range of research supported by DOE. This includes 
cutting-edge research in applied energy technologies, energy 
efficiency, energy storage, and environmental management, to name a few 
key areas. Yet, because of the program's narrow focus on basic science, 
EPSCoR States are only able to support a small fraction of DOE's 
research mission.
  Our bill would continue to support investments in research 
infrastructure and expand opportunities for EPSCoR institutions to 
partner with National Laboratories to conduct their research. Our bill 
would also increase support for graduate students and early career 
faculty.
  When the National Academy of Sciences evaluated EPSCoR programs, it 
concluded that EPSCoR programs are critical to the nation's scientific 
and technology leadership, because EPSCoR helps ensure that talented 
researchers and scientists from all 50 states are partners in science 
and technology research. This is even truer in the context of energy 
issues, where each state and region faces different energy 
opportunities and infrastructure challenges.
  By modernizing the program and bringing it into alignment with EPSCoR 
programs operated by other agencies, DOE EPSCoR will be better 
positioned to meet today's energy challenges and align with the 
interests and strengths of EPSCoR states. I am pleased to have the 
support of the Coalition of EPSCoR/IDeA States in this effort, and I 
urge our colleagues to join us in pressing for passage of this bill.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Rubio):
  S. 4055. A bill to address health workforce shortages and disparities 
highlighted by the COVID-19 pandemic through additional funding for the 
National Health Service Corps and the Nurse Corps, and to establish a 
National Health Service Corps Emergency Service demonstration project; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4055

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening America's 
     Health Care Readiness Act''.

     SEC. 2. ADDITIONAL FUNDING FOR THE NATIONAL HEALTH SERVICE 
                   CORPS.

       (a) Additional Funding.--Section 10503(b) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 254b-2(b)) is 
     amended--
       (1) in paragraph (1)(F), by striking ``and'' at the end;
       (2) in paragraph (2)(H), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) to be transferred to the Secretary of Health and 
     Human Services $5,000,000,000 for fiscal year 2020, to 
     provide additional funding to carry out the National Health 
     Service Corps Scholarship Program under section 338A of the 
     Public Health Service Act, the National Health Service Corps 
     Loan Program under section 338B of such Act, and the National 
     Health Service Corps Emergency Service under section 2812A of 
     such Act.''.
       (b) Criteria for Use of Additional Funding for In-demand 
     Professionals.--Not less than 40 percent of the amounts made 
     available under paragraph (3) of section 10503(b) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 254b-
     2(b)) (as amended by subsection (a)) shall be allocated to 
     awards to eligible applicants to the National Health Service 
     Corps Scholarship Program under section 338A of the Public 
     Health Service Act (42 U.S.C. 254l), the National Health 
     Service Corps Loan Repayment Program under section 338B of 
     such Act (42 U.S.C. 254l-1), or the National Health Service 
     Corps Emergency Service under section 2812A of such Act (as 
     added by subsection (c)) who are members of groups that are 
     historically underrepresented in health care professions, 
     including racial and ethnic minorities and individuals from 
     low-income urban and rural communities. To carry out the 
     requirements of this subsection, the Secretary may coordinate 
     with entities receiving funding under section 739 or 821 of 
     the Public Health Service Act (42 U.S.C. 293c, 296m) to 
     identify, provide mentorship and support, and recruit such 
     eligible applicants.
       (c) National Health Service Corps Emergency Service 
     Demonstration Project.--Part B of title XXVIII of the Public 
     Health Service Act is amended by inserting after section 2812 
     (42 U.S.C. 300hh-11) the following:

     ``SEC. 2812A. NATIONAL HEALTH SERVICE CORPS EMERGENCY SERVICE 
                   DEMONSTRATION PROJECT.

       ``(a) In General.--From the amounts made available under 
     section 10503(b)(3) of the Patient Protection and Affordable 
     Care Act for each of fiscal years 2021 through 2025, to the 
     extent permitted by, and consistent with, the requirements of 
     applicable State law, the Secretary shall allocate up to 
     $50,000,000 to establishing, as a demonstration project, a 
     National Health Service Corps Emergency Service (referred to 
     in this section as the `emergency service') under which a 
     qualified individual currently or previously participating in 
     the National Health Service Corps agrees to engage in service 
     through the National Disaster Medical System established 
     under section 2812, as described in this section.
       ``(b) Participants.--
       ``(1) NHSC alumni.--
       ``(A) Qualified individuals.--An individual may be eligible 
     to participate in the emergency service under this section if 
     such individual participated in the Scholarship Program under 
     section 338A or the Loan Repayment Program under section 
     338B, and who satisfied the obligated service requirements 
     under such program, in accordance with the individual's 
     contract.
       ``(B) Priority and increased funding amounts.--
       ``(i) Priority.--In selecting eligible individuals to 
     participate in the program under this paragraph, the 
     Secretary shall give priority--

       ``(I) first, to qualified individuals who continue to 
     practice at the site where the individual fulfilled his or 
     her obligated service under the Scholarship Program or Loan 
     Repayment Program through the time of the application to the 
     program under this section; and
       ``(II) secondly, to qualified individuals who continue to 
     practice in any site approved for obligated service under the 
     Scholarship Program or Loan Repayment Program other than the 
     site at which the individual served.

       ``(ii) Increased funding amounts.--The Secretary may grant 
     increased award amounts to certain participants in the 
     program under this section based on the site where a 
     participant fulfilled his or her obligated service under the 
     Scholarship Program or Loan Repayment Program.
       ``(C) Private practice.--An individual participating in the 
     emergency service under this section may practice a health 
     profession in any private capacity when not obligated to 
     fulfill the requirements described in subsection (c).
       ``(2) Current nhsc members.--
       ``(A) In general.--An individual who is participating in 
     the Scholarship Program under section 338A or the Loan 
     Repayment Program under section 338B may apply to participate 
     in the program under this section while fulfilling the 
     individual's obligated services under such program.
       ``(B) Clarifications.--Notwithstanding any other provision 
     of law or any contract with respect to service requirements 
     under the Scholarship Program or Loan Repayment Program, an 
     individual fulfilling service requirements described in 
     subsection (c) shall not be considered in breach of such 
     contract under such Scholarship Program or Loan Repayment 
     Program, provided that the individual notifies the site at 
     which the individual is fulfilling his or her obligated 
     service requirements under such contract.
       ``(C) No credit toward obligated service.--No period of 
     service under the National Disaster Medical System described 
     in subsection (c)(1) shall be counted toward satisfying a 
     period of obligated service under the Scholarship Program or 
     Loan Repayment Program.
       ``(c) Participants as Members of the National Disaster 
     Medical System.--
       ``(1) Service requirements.--An individual participating in 
     the program under this section shall participate in the 
     activities of the National Disaster Medical System under 
     section 2812 in the same manner and to the same extent as 
     other participants in such system.
       ``(2) Rights and requirements.--An individual participating 
     in the program under this section shall be considered 
     participants in the National Disaster Medical System and 
     shall be subject to the rights and requirements of 
     subsections (c) and (d) of section 2812.
       ``(d) Emergency Service Plan.--In carrying out this 
     section, the Secretary, in coordination with the 
     Administrator of the Health Resources and Services 
     Administration and the Assistant Secretary for Preparedness 
     and Response, shall establish an action plan for the service 
     commitments, deployment protocols, coordination efforts, 
     training requirements, liability, workforce development, and 
     such other considerations as the Secretary determines 
     appropriate. Such action plan shall--
       ``(1) ensure adherence to the missions of both the National 
     Health Service Corps and National Disaster Medical Service;
       ``(2) ensure an adequate health care workforce during a 
     public health emergency declared by the Secretary under 
     section 319 of this Act, a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act, an emergency 
     declared by the President under section 501 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, or a 
     national emergency declared by the President under the 
     National Emergencies Act; and

[[Page S3209]]

       ``(3) describe how the program established under this 
     section will be implemented in a manner consistent with, and 
     in furtherance of, the assessments and goals for workforce 
     and training described in the review conducted by the 
     Secretary under section 2812(b)(2).
       ``(e) Contracts for Certain Participating Individuals.--An 
     individual who is participating in the emergency service 
     program under this section shall receive loan repayments in 
     an amount equal to 50 percent of the highest new award made 
     for the year under the National Health Service Corps Loan 
     Repayment Program pursuant to a contract entered into at the 
     same time under section 338B(g), in a manner similar to the 
     manner in which payments are made under such section, 
     pursuant to the terms of a contract between the Secretary and 
     such individual. The Secretary shall establish a system of 
     contracting for purposes of this subsection which shall be 
     similar to the contract requirements and terms under 
     subsections (c), (d), and (f) of section 338B. Amounts 
     received by an individual under this subsection shall be in 
     addition to any amounts received by an individual described 
     in subsection (b)(2) pursuant to the Scholarship Program 
     under section 338A or the Loan Repayment Program under 
     section 338B, as applicable.
       ``(f) Breach of Contract.--If an individual breaches the 
     written contract of the individual under subsection (e) by 
     failing either to begin such individual's service obligation 
     in accordance with such contract or to complete such service 
     obligation, the United States shall be entitled to recover 
     from the individual an amount equal to the sum of--
       ``(1) the total of the amounts paid by the United States 
     under such contract on behalf of the individual for any 
     period of such service not served;
       ``(2) an amount equal to the product of the number of 
     months of service that were not completed by the individual, 
     multiplied by $3,750; and
       ``(3) the interest on the amounts described in paragraphs 
     (1) and (2), at the maximum legal prevailing rate, as 
     determined by the Treasurer of the United States, from the 
     date of the breach.
       ``(g) Report.--Not later than 4 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report that evaluates the demonstration 
     project established under this section, including--
       ``(1) the effects of such program on health care access in 
     underserved areas and health professional shortage areas and 
     on public health emergency response capacity;
       ``(2) the effects of such program on the health care 
     provider workforce pipeline, including any impact on the 
     demographic representation among, and the fields or 
     specialties pursued by, students in approved graduate 
     training programs in medicine, osteopathic medicine, 
     dentistry, behavioral and mental health, or other health 
     profession;
       ``(3) the impact of such program on the enrollment, 
     participation, and completion of requirements in the 
     underlying scholarship and loan repayment programs of the 
     National Health Service Corps;
       ``(4) the effects of such program on the National Disaster 
     Medical System's response capability, readiness, and 
     workforce strength; and
       ``(5) recommendations for improving the demonstration 
     project described in this section, and any other 
     considerations as the Secretary determines appropriate.''.

     SEC. 3. FUNDING FOR THE NURSE CORPS SCHOLARSHIP AND LOAN 
                   REPAYMENT PROGRAM.

       (a) Funding.--There are hereby appropriated, out of amounts 
     in the Treasury not otherwise appropriated, $1,000,000,000 
     for fiscal year 2020, for purposes of carrying out section 
     846 of the Public Health Service Act (42 U.S.C. 297n), to 
     remain available until expended, except that--
       (1) of the amount appropriated under this heading and made 
     available for scholarships and loan repayment, not less than 
     40 percent shall be allocated for eligible applicants who are 
     members of groups that are historically underrepresented in 
     health care professions, including racial and ethnic 
     minorities and individuals from low-income urban and rural 
     communities; and
       (2) to carry out the requirements of paragraph (1), the 
     Secretary may coordinate with entities receiving funding 
     under section 821 to identify, recruit, and select 
     individuals to receive such scholarships.
       (b) Emergency Designation.--
       (1) In general.--The amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
     933(g)).
       (2) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.
                                 ______
                                 
      By Mr. THUNE (for himself and Ms. Smith):
  S. 4063. A bill to provide that, due to the disruptions caused by 
COVID-19, applications for impact aid funding for fiscal year 2022 may 
use certain data submitted in the fiscal year 2021 application; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4063

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Impact Aid Coronavirus 
     Relief Act''.

     SEC. 2. USE OF PRIOR APPLICATION STUDENT COUNT DATA FOR 
                   FISCAL YEAR 2022 IMPACT AID APPLICATIONS.

       Due to the public health emergency relating to COVID-19 and 
     notwithstanding sections 7002(j) and 7003(c) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7702(j), 7703(c)), a local educational agency desiring to 
     receive a payment under section 7002 or 7003 of such Act (20 
     U.S.C. 7702, 7703) for fiscal year 2022 that also submitted 
     an application for such payment for fiscal year 2021 may, in 
     the application submitted under section 7005 of such Act (20 
     U.S.C. 7705) for fiscal year 2022--
       (1) with respect to a requested payment under section 7002 
     of such Act, use the Federal property valuation data relating 
     to calculating such payment that was submitted by the local 
     educational agency in the application for fiscal year 2021;
       (2) with respect to a requested payment under section 7003 
     of such Act, use the student count data relating to 
     calculating such payment that was submitted by the local 
     educational agency in the application for fiscal year 2021, 
     provided that for purposes of the calculation of payments for 
     fiscal year 2022 under section 7003(b)(1) of such Act, such 
     payments shall be based on utilizing fiscal year 2020 data 
     (from academic year 2018-2019) to include total current 
     expenditures, local contribution rates, and per pupil 
     expenditures; or
       (3) with respect to a requested payment under section 7002 
     or 7003 of such Act, use the student count or Federal 
     property valuation data relating to calculating such payment 
     for the fiscal year required under section 7002(j) or 7003(c) 
     of such Act, as applicable.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Duckworth, and Mr. Van Hollen):
  S. 4067. A bill to prohibit certain assistance for inverted domestic 
corporations; to the Committee on Finance.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4067

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Assistance for 
     American Companies Act''.

     SEC. 2. PROHIBITION ON APPLICATION OF CERTAIN ASSISTANCE TO 
                   INVERTED DOMESTIC CORPORATIONS.

       (a) Prohibition on Use of Certain Tax Incentives.--
       (1) Net operating loss carrybacks.--
       (A) In general.--Section 172(b)(1)(D) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new clause:
       ``(vi) Special rule for inverted domestic corporations.--
     Clause (i) shall not apply to any foreign corporation for any 
     taxable year in which such corporation is an inverted 
     domestic corporation (as defined in section 7701(p)(2)), or 
     to any member of the expanded affiliated group (as defined in 
     section 7874(c)(1)) of such a foreign corporation, unless 
     such foreign corporation has made an election under section 
     7701(p)(1).''.
       (B) Effective date.--The amendment made by this section 
     shall take effect as if included in section 2303(b) of the 
     CARES Act.
       (2) Increased limitation on business interest.--
       (A) In general.--Section 163(j)(10) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(C) Special rule for inverted domestic corporations.--
     Subparagraphs (A) and (B) shall not apply to any foreign 
     corporation for any taxable year in which such corporation is 
     an inverted domestic corporation (as defined in section 
     7701(p)(2)), or to any member of the expanded affiliated 
     group (as defined in section 7874(c)(1)) of such a foreign 
     corporation, unless such foreign corporation has made an 
     election under section 7701(p)(1).''.
       (B) Effective date.--The amendment made by this section 
     shall take effect as if included in section 2306 of the CARES 
     Act.
       (3) Federal reserve emergency lending facilities.--
       (A) In general.--No inverted domestic corporation, as 
     defined in section 7701(p)(2) of the Internal Revenue Code of 
     1986, or any member of the expanded affiliated group (as 
     defined in section 7874(c)(1) of such Code) of such inverted 
     domestic corporation, may participate in any program or 
     facility established by the Board of Governors of the Federal 
     Reserve System under the authority of

[[Page S3210]]

     section 13(3) of the Federal Reserve Act (12 U.S.C. 343) and 
     with funding authorized under section 4003 of the CARES Act 
     (Public Law 116-136), including the Primary Market Corporate 
     Credit Facility and the Secondary Market Corporate Credit 
     Facility.
       (B) Exception.--Subparagraph (A) shall not apply if the 
     inverted domestic corporation makes an election under section 
     7701(p)(1) of the Internal Revenue Code of 1986.
       (C) Applicability.--This paragraph shall apply to 
     participation in any program or facility described in 
     subparagraph (A) established before, on, or after the date of 
     enactment of this Act.
       (b) Election to Treat Inverted Domestic Corporations as 
     Domestic Corporations.--
       (1) Inverted domestic corporations.--Section 7701 of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     subsection (p) as subsection (q) and by inserting after 
     subsection (o) the following new subsection:
       ``(p) Inverted Domestic Corporations.--
       ``(1) Election to be treated as a domestic corporation.--
       ``(A) In general.--Notwithstanding paragraphs (4) and (5) 
     of subsection (a), an inverted domestic corporation may elect 
     to be treated as a domestic corporation for taxable years 
     beginning with the last taxable year which begins before 
     January 1, 2018.
       ``(B) Election.--An election under this subsection--
       ``(i) shall be made not later than 30 days after the date 
     of the enactment of this subsection, and
       ``(ii) once made, shall be irrevocable.
       ``(C) Time for filing returns and payment of taxes.--
     Notwithstanding sections 6072 and 6151, any return for any 
     taxable year ending before the date described in subparagraph 
     (B)(i), and any payment of taxes or penalties, shall not be 
     considered due before January 1, 2021.
       ``(2) Inverted domestic corporation.--For purposes of this 
     subsection, the term `inverted domestic corporation' means 
     any foreign corporation which, pursuant to a plan (or a 
     series of related transactions)--
       ``(A) completes after March 4, 2003, the direct or indirect 
     acquisition of--
       ``(i) substantially all of the properties held directly or 
     indirectly by a domestic corporation, or
       ``(ii) substantially all of the assets of, or substantially 
     all of the properties constituting a trade or business of, a 
     domestic partnership, and
       ``(B) after the acquisition, either--
       ``(i) more than 50 percent of the stock (by vote or value) 
     of the corporation is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership, or

       ``(ii) the management and control of the expanded 
     affiliated group which includes the corporation occurs, 
     directly or indirectly, primarily within the United States, 
     and such expanded affiliated group has significant domestic 
     business activities.
       ``(3) Exception for corporations with substantial business 
     activities in foreign country of organization.--Such term 
     shall not include a foreign corporation described in 
     paragraph (2) if after the acquisition the expanded 
     affiliated group which includes the corporation has 
     substantial business activities in the foreign country in 
     which or under the law of which the corporation is created or 
     organized when compared to the total business activities of 
     such expanded affiliated group. For purposes of the preceding 
     sentence, the term `substantial business activities' shall 
     have the meaning given such term under regulations in effect 
     on January 18, 2017, except that the Secretary may issue 
     regulations increasing the threshold percent in any of the 
     tests under such regulations for determining if business 
     activities constitute substantial business activities for 
     purposes of this paragraph.
       ``(4) Management and control.--For purposes of paragraph 
     (2)(B)(ii)--
       ``(A) In general.--The Secretary shall prescribe 
     regulations for purposes of determining cases in which the 
     management and control of an expanded affiliated group is to 
     be treated as occurring, directly or indirectly, primarily 
     within the United States. The regulations prescribed under 
     the preceding sentence shall apply to periods after March 4, 
     2003.
       ``(B) Executive officers and senior management.--Such 
     regulations shall provide that the management and control of 
     an expanded affiliated group shall be treated as occurring, 
     directly or indirectly, primarily within the United States if 
     substantially all of the executive officers and senior 
     management of the expanded affiliated group who exercise day-
     to-day responsibility for making decisions involving 
     strategic, financial, and operational policies of the 
     expanded affiliated group are based or primarily located 
     within the United States. Individuals who in fact exercise 
     such day-to-day responsibilities shall be treated as 
     executive officers and senior management regardless of their 
     title.
       ``(5) Significant domestic business activities.--For 
     purposes of paragraph (2)(B)(ii), an expanded affiliated 
     group has significant domestic business activities if at 
     least 25 percent of--
       ``(A) the employees of the group are based in the United 
     States,
       ``(B) the employee compensation incurred by the group is 
     incurred with respect to employees based in the United 
     States,
       ``(C) the assets of the group are located in the United 
     States, or
       ``(D) the income of the group is derived in the United 
     States,
     determined in the same manner as such determinations are made 
     for purposes of determining substantial business activities 
     under regulations referred to in paragraph (3) as in effect 
     on January 18, 2017, but applied by treating all references 
     in such regulations to `foreign country' and `relevant 
     foreign country' as references to `the United States'. The 
     Secretary may issue regulations decreasing the threshold 
     percent in any of the tests under such regulations for 
     determining if business activities constitute significant 
     domestic business activities for purposes of this paragraph.
       ``(6) Definitions and other rules.--
       ``(A) Expanded affiliated group.--The term `expanded 
     affiliated group' has the meaning give such term under 
     section 7874(c)(1).
       ``(B) Other rules.--Rules similar to the rules of 
     paragraphs (2), (3), (5), and (6) of section 7874(c) shall 
     apply for purposes of this subsection.''.

                          ____________________