[Congressional Record Volume 165, Number 151 (Thursday, September 19, 2019)]
[Senate]
[Pages S5605-S5607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Brown, Mr. Markey, Mr. 
        Blumenthal, Mr. Reed, Ms. Hirono, Mr. Wyden, Mrs. Murray, and 
        Mr. Merkley):
  S. 2517. A bill to amend the Internal Revenue Code of 1986 to provide 
tax rate parity among all tobacco products, and for other purposes; 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. 2517

       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 ``Tobacco Tax Equity Act of 
     2019''.

     SEC. 2. INCREASING EXCISE TAXES ON CIGARETTES AND 
                   ESTABLISHING EXCISE TAX EQUITY AMONG ALL 
                   TOBACCO PRODUCT TAX RATES.

       (a) Tax Parity for Roll-your-own Tobacco.--Section 5701(g) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``$24.78'' and inserting ``$49.56''.
       (b) Tax Parity for Pipe Tobacco.--Section 5701(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``$2.8311 cents'' and inserting ``$49.56''.
       (c) Tax Parity for Smokeless Tobacco.--
       (1) Section 5701(e) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (1), by striking ``$1.51'' and inserting 
     ``$26.84'';
       (B) in paragraph (2), by striking ``50.33 cents'' and 
     inserting ``$10.74''; and
       (C) by adding at the end the following:
       ``(3) Smokeless tobacco sold in discrete single-use 
     units.--On discrete single-use units, $100.66 per 
     thousand.''.
       (2) Section 5702(m) of such Code is amended--
       (A) in paragraph (1), by striking ``or chewing tobacco'' 
     and inserting ``, chewing tobacco, or discrete single-use 
     unit'';
       (B) in paragraphs (2) and (3), by inserting ``that is not a 
     discrete single-use unit'' before the period in each such 
     paragraph; and
       (C) by adding at the end the following:
       ``(4) Discrete single-use unit.--The term `discrete single-
     use unit' means any product containing tobacco that--
       ``(A) is not intended to be smoked; and
       ``(B) is in the form of a lozenge, tablet, pill, pouch, 
     dissolvable strip, or other discrete single-use or single-
     dose unit.''.
       (d) Tax Parity for Small Cigars.--Paragraph (1) of section 
     5701(a) of the Internal Revenue Code of 1986 is amended by 
     striking ``$50.33'' and inserting ``$100.66''.
       (e) Tax Parity for Large Cigars.--
       (1) In general.--Paragraph (2) of section 5701(a) of the 
     Internal Revenue Code of 1986 is amended by striking ``52.75 
     percent'' and all that follows through the period and 
     inserting the following: ``$49.56 per pound and a 
     proportionate tax at the like rate on all fractional parts of 
     a pound but not less than 10.066 cents per cigar.''.
       (2) Guidance.--The Secretary of the Treasury, or the 
     Secretary's delegate, may issue guidance regarding the 
     appropriate method for determining the weight of large cigars 
     for purposes of calculating the applicable tax under section 
     5701(a)(2) of the Internal Revenue Code of 1986.
       (f) Tax Parity for Roll-your-own Tobacco and Certain 
     Processed Tobacco.--Subsection (o) of section 5702 of the 
     Internal Revenue Code of 1986 is amended by inserting ``, and 
     includes processed tobacco that is removed for delivery or 
     delivered to a person other than a person with a permit 
     provided under section 5713, but does not include removals of 
     processed tobacco for exportation'' after ``wrappers 
     thereof''.
       (g) Clarifying Tax Rate for Other Tobacco Products.--
       (1) In general.--Section 5701 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Other Tobacco Products.--Any product not otherwise 
     described under this section that has been determined to be a 
     tobacco product by the Food and Drug Administration through 
     its authorities under the Family Smoking Prevention and 
     Tobacco Control Act shall be taxed at a level of tax 
     equivalent to the tax rate for cigarettes on an estimated per 
     use basis as determined by the Secretary.''.
       (2) Establishing per use basis.--For purposes of section 
     5701(i) of the Internal Revenue Code of 1986, not later than 
     12 months after the later of the date of the enactment of 
     this Act or the date that a product has been determined to be 
     a tobacco product by the Food and Drug Administration, the 
     Secretary of the Treasury (or the Secretary of the Treasury's 
     delegate) shall issue final regulations establishing the 
     level of tax for such product that is equivalent to the tax 
     rate for cigarettes on an estimated per use basis.
       (h) Clarifying Definition of Tobacco Products.--
       (1) In general.--Subsection (c) of section 5702 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(c) Tobacco Products.--The term `tobacco products' 
     means--
       ``(1) cigars, cigarettes, smokeless tobacco, pipe tobacco, 
     and roll-your-own tobacco, and
       ``(2) any other product subject to tax pursuant to section 
     5701(i).''.
       (2) Conforming amendments.--Subsection (d) of section 5702 
     of such Code is amended by striking ``cigars, cigarettes, 
     smokeless tobacco, pipe tobacco, or roll-your-own tobacco'' 
     each place it appears and inserting ``tobacco products''.
       (i) Increasing Tax on Cigarettes.--
       (1) Small cigarettes.--Section 5701(b)(1) of such Code is 
     amended by striking ``$50.33'' and inserting ``$100.66''.
       (2) Large cigarettes.--Section 5701(b)(2) of such Code is 
     amended by striking ``$105.69'' and inserting ``$211.38''.
       (j) Tax Rates Adjusted for Inflation.--Section 5701 of such 
     Code, as amended by subsection (g), is amended by adding at 
     the end the following new subsection:
       ``(j) Inflation Adjustment.--
       ``(1) In general.--In the case of any calendar year 
     beginning after 2019, the dollar amounts provided under this 
     chapter shall each be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year, determined by 
     substituting `calendar year 2018' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.
       ``(2) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $0.01, such amount shall be rounded 
     to the next highest multiple of $0.01.''.
       (k) Floor Stocks Taxes.--
       (1) Imposition of tax.--On tobacco products manufactured in 
     or imported into the United States which are removed before 
     any tax increase date and held on such date for sale by any 
     person, there is hereby imposed a tax in an amount equal to 
     the excess of--
       (A) the tax which would be imposed under section 5701 of 
     the Internal Revenue Code of 1986 on the article if the 
     article had been removed on such date, over
       (B) the prior tax (if any) imposed under section 5701 of 
     such Code on such article.
       (2) Credit against tax.--Each person shall be allowed as a 
     credit against the taxes imposed by paragraph (1) an amount 
     equal to $500. Such credit shall not exceed the amount of 
     taxes imposed by paragraph (1) on such date for which such 
     person is liable.
       (3) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding tobacco products 
     on any tax increase date to which any tax imposed by 
     paragraph (1) applies shall be liable for such tax.
       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary shall prescribe 
     by regulations.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     shall be paid on or before the date that is 120 days after 
     the effective date of the tax rate increase.
       (4) Articles in foreign trade zones.--Notwithstanding the 
     Act of June 18, 1934 (commonly known as the Foreign Trade 
     Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other 
     provision of law, any article which is located in a foreign 
     trade zone on any tax increase date shall be subject to the 
     tax imposed by paragraph (1) if--
       (A) internal revenue taxes have been determined, or customs 
     duties liquidated, with respect to such article before such 
     date pursuant to a request made under the 1st proviso of 
     section 3(a) of such Act, or
       (B) such article is held on such date under the supervision 
     of an officer of the United States Customs and Border 
     Protection of the Department of Homeland Security pursuant to 
     the 2d proviso of such section 3(a).
       (5) Definitions.--For purposes of this subsection--
       (A) In general.--Any term used in this subsection which is 
     also used in section 5702 of such Code shall have the same 
     meaning as such term has in such section.
       (B) Tax increase date.--The term ``tax increase date'' 
     means the effective date of any increase in any tobacco 
     product excise tax rate pursuant to the amendments made by 
     this section (other than subsection (j) thereof).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (6) Controlled groups.--Rules similar to the rules of 
     section 5061(e)(3) of such Code shall apply for purposes of 
     this subsection.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 5701 of such Code shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply to the floor stocks taxes imposed by 
     paragraph (1), to the same extent as if such taxes were 
     imposed by such section 5701. The Secretary may treat any 
     person who bore the ultimate burden of the tax imposed by 
     paragraph (1) as the person to whom a credit or refund under 
     such provisions may be allowed or made.
       (l) Effective Dates.--

[[Page S5606]]

       (1) In general.--Except as provided in paragraphs (2) 
     through (4), the amendments made by this section shall apply 
     to articles removed (as defined in section 5702(j) of the 
     Internal Revenue Code of 1986) after the last day of the 
     month which includes the date of the enactment of this Act.
       (2) Discrete single-use units and processed tobacco.--The 
     amendments made by subsections (c)(1)(C), (c)(2), and (f) 
     shall apply to articles removed (as defined in section 
     5702(j) of the Internal Revenue Code of 1986) after the date 
     that is 6 months after the date of the enactment of this Act.
       (3) Large cigars.--The amendments made by subsection (e) 
     shall apply to articles removed after December 31, 2019.
       (4) Other tobacco products.--The amendments made by 
     subsection (g)(1) shall apply to products removed after the 
     last day of the month which includes the date that the 
     Secretary of the Treasury (or the Secretary of the Treasury's 
     delegate) issues final regulations establishing the level of 
     tax for such product.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Braun):
  S. 2518. A bill to amend title 49, United States Code, to establish 
an Assistant Secretary for Rural Economic Investment and an Office of 
Rural Economic Investment, to ensure that rural communities are 
adequately represented in Federal decisionmaking for transportation 
policy, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  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. 2518

       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 ``Rural Economic 
     Infrastructure Equity Act of 2019''.

     SEC. 2. RURAL ECONOMIC INVESTMENT.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Transportation.
       (2) Relevant congressional committees.--The term ``relevant 
     congressional committees'' means--
       (A) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (B) the Committee on Energy and Commerce of the House of 
     Representatives;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (E) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (F) the Subcommittee on Transportation, Housing and Urban 
     Development, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives; and
       (G) the Subcommittee on Transportation, Housing and Urban 
     Development, and Related Agencies of the Committee on 
     Appropriations of the Senate.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Establishment.--
       (1) In general.--Section 102 of title 49, United States 
     Code, is amended--
       (A) in subsection (a), by inserting ``(referred to in this 
     section as the `Department')'' after ``Department of 
     Transportation'';
       (B) in subsection (e)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``6'' and inserting ``7'';
       (ii) in subparagraph (C), by striking ``and'' at the end;
       (iii) by redesignating subparagraph (D) as subparagraph 
     (E); and
       (iv) by inserting after subparagraph (C) the following:
       ``(D) an Assistant Secretary for Rural Economic Investment, 
     who shall be appointed by the Secretary; and'';
       (C) in subsection (f)(1), by striking ``Department of 
     Transportation'' each place it appears and inserting 
     ``Department'';
       (D) by redesignating subsection (h) as subsection (i); and
       (E) by inserting after subsection (g) the following:
       ``(h) Office of Rural Economic Investment.--
       ``(1) In general.--There is established in the Department 
     an Office of Rural Economic Investment (referred to in this 
     subsection as the `Office').
       ``(2) Leadership.--The head of the Office shall be the 
     Assistant Secretary for Rural Economic Investment (referred 
     to in this subsection as the `Assistant Secretary'), who 
     shall report directly to the Secretary.
       ``(3) Mission and goals.--The mission and goals of the 
     Office shall be to coordinate with other offices and agencies 
     within the Department and with other Federal agencies--
       ``(A) to ensure that the unique needs and attributes of 
     rural transportation, involving all modes, are fully 
     addressed and prioritized during the development and 
     implementation of transportation policies, programs, and 
     activities within the Department;
       ``(B) to improve coordination of Federal transportation 
     policies, programs, and activities within the Department in a 
     manner that expands economic development in rural communities 
     and regions, and to provide recommendations for improvement, 
     including additional reorganization and realignments;
       ``(C) to expand Federal transportation infrastructure 
     investment in rural communities, including by providing 
     recommendations for changes in formula funds or other 
     existing funding distribution patterns;
       ``(D) to use innovation to resolve local and regional 
     transportation challenges faced by rural communities;
       ``(E) to promote and improve planning and coordination 
     among rural areas to maximize the unique competitive 
     advantage in those areas while avoiding duplicative Federal, 
     State and local investments; and
       ``(F) to ensure that all rural communities lacking 
     resources receive proactive outreach, education, and 
     technical assistance to improve access to Federal 
     transportation programs.
       ``(4) Duties of assistant secretary.--The Assistant 
     Secretary shall--
       ``(A) provide information and outreach to rural communities 
     concerning the availability and eligibility requirements of 
     participating in programs of the Department;
       ``(B) help rural communities identify competitive economic 
     advantages and avoid duplicative transportation investments 
     in order to ensure continued economic growth;
       ``(C) serve as a resource for assisting rural communities 
     with respect to Federal transportation programs;
       ``(D) ensure and coordinate a routine rural consultation on 
     the development of policies, programs, and activities of the 
     Department;
       ``(E) serve as an advocate within the Department on behalf 
     of rural communities; and
       ``(F) work in coordination with the Department of 
     Agriculture, the Department of Health and Human Services, the 
     Department of Commerce, the Federal Communications 
     Commission, and other Federal agencies, as the Secretary 
     determines to be appropriate, in carrying out the 
     responsibilities of the Assistant Secretary.
       ``(5) Contracts and agreements.--For the purpose of 
     carrying out the mission and goals of the Office under 
     paragraph (3) and the duties of the Assistant Secretary under 
     paragraph (4), the Assistant Secretary may enter into 
     contracts, cooperative agreements, and other agreements as 
     necessary, including with research centers, institutions of 
     higher education, States, units of local government, 
     nonprofit organizations, or a combination of any of those 
     entities--
       ``(A) to conduct research on transportation investments 
     that promote rural economic development;
       ``(B) to solicit information in the development of policy, 
     programs, and activities of the Department that can improve 
     infrastructure investment and economic development in rural 
     areas;
       ``(C) to develop educational and outreach materials, 
     including the conduct of workshops, courses, and certified 
     training for rural communities and regions that can further 
     the mission and goals of the Office and the Department; and
       ``(D) to carry out any other activities, as determined by 
     the Secretary to be appropriate.
       ``(6) Employees.--The Secretary shall ensure that not more 
     than 4 full-time equivalent employees are assigned to the 
     Office.
       ``(7) Applicability.--In carrying out the mission and goals 
     of the Office under paragraph (3) and the duties of the 
     Assistant Secretary under paragraph (4), the Assistant 
     Secretary shall consider as rural any area considered to be a 
     rural area under a Federal transportation program of the 
     Department.''.
       (2) Council on credit and finance.--Section 117(b)(1) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(I) The Assistant Secretary for Rural Economic 
     Investment.''.
       (c) Reorganization Proposal.--
       (1) In general.--The Secretary, in consultation with the 
     relevant congressional committees, shall develop a proposed 
     reorganization of the functions of the Department to ensure 
     improved coordination and prioritization of programs and 
     services that promote rural infrastructure investment, 
     expansion, equity, and economic development.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     relevant congressional committees a report that describes the 
     proposed reorganization plan under paragraph (1).
       (d) Rural Consultation.--
       (1) Requirement.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, each office and agency within the 
     Department shall develop and implement a process to ensure 
     meaningful and timely input from rural stakeholders during 
     the development of any regulation, guidance, or policy that 
     would have substantial direct effects on 1 or more rural 
     areas.
       (B) Consultation.--To the maximum extent practicable and in 
     accordance with applicable Federal law, an office or agency 
     of the Department shall not promulgate a regulation, issue 
     guidance, or implement a policy

[[Page S5607]]

     described in subparagraph (A) unless the office or agency--
       (i) consults with rural stakeholders before developing the 
     proposed regulation;
       (ii) publishes in the Federal Register a summary rural 
     impact statement, which shall consist of--

       (I) a description of the consultation with rural 
     stakeholders on the regulation, guidance, or policy;
       (II) a summary of any concerns raised by the rural 
     stakeholders;
       (III) a description of the extent to which concerns 
     referred to in subclause (II) have been alleviated; and
       (IV) a description of why the regulation, guidance, or 
     policy is needed; and

       (iii) submits to the Director of the Office of Management 
     and Budget--

       (I) the summary rural impact statement described in clause 
     (ii); and
       (II) on request of the Director, any written communications 
     submitted to the office or agency from rural stakeholders.

       (2) Designation.--Not later than 180 days after the date of 
     enactment of this Act, each office and agency within the 
     Department shall designate an official within that office or 
     agency to serve as the official with principal responsibility 
     for the implementation of this subsection.
       (e) Advisory Committee.--
       (1) In general.--The Secretary shall establish a rural 
     transportation advisory council (referred to in this 
     subsection as the ``advisory council'') to consult with and 
     advise the Office of Rural Economic Investment.
       (2) Membership.--The Secretary shall appoint members to the 
     advisory council in a manner that ensures that the geographic 
     and economic diversity of rural regions of the United States 
     are represented.
       (3) Meetings.--The advisory council shall meet not less 
     than twice per year, as determined by the Secretary.
       (4) Duties.--The advisory council shall--
       (A) advise the Office of Rural Economic Investment on 
     issues related to rural needs relating to Federal 
     transportation programs;
       (B) develop recommendations for any changes to Federal law, 
     regulations, internal Department guidance, or other measures 
     that would eliminate barriers for rural access or improve 
     rural equity in transportation investments;
       (C) examine methods of maximizing the number of 
     opportunities for assistance for rural areas under Federal 
     transportation programs, including expanded outreach and 
     technical assistance;
       (D) examine methods of encouraging intergovernmental and 
     local resource cooperation to mitigate duplicative 
     investments in key regions and improve the efficiencies in 
     the delivery of Federal transportation programs;
       (E) evaluate other methods of creating new opportunities 
     for rural regions; and
       (F) address any other relevant issues as the Secretary 
     determines to be appropriate.
                                 ______
                                 
      By Mr. KAINE (for himself and Ms. Hassan):
  S. 2521. A bill to award grants for the recruitment, retention, and 
advancement of direct care workers; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. KAINE. Mr. President. As our Nation ages, we face a growing need 
for direct care professionals to care for older adults and people with 
disabilities. The U.S. Census Bureau projects the number of people aged 
65 and older to more than double between 2015 and 2060, from nearly 48 
million to 98 million. Approximately 61 million Americans are currently 
living with a disability. By 2024, 5 .2 million direct care workers 
will be needed across all care settings.
  Direct care workers, such as home health aides and nursing 
assistants, are the backbone of the long-term care workforce, providing 
daily assistance to millions of older Americans, people with 
disabilities, and others with chronic care needs. Direct care workers 
help ensure that older Americans and people with disabilities receive 
the critical care they need while remaining active members of their 
communities. However, direct care workers are often paid low wages and 
may face poor working conditions and economic insecurity. The majority 
of direct care workers are women and people of color. Some direct care 
workers do not have education beyond high school and lack access to a 
career pathway or advanced training. Twenty-four percent of home care 
workers live below the Federal poverty level and 52 percent of direct 
care workers rely on some form of public assistance to support 
themselves and their families.
  Today, I am pleased to introduce the Direct Creation, Advancement, 
and Retention of Employment Opportunity Act, or Direct CARE Opportunity 
Act, with Senator Hassan. I am proud to have partnered with my friend 
and colleague in the Virginia delegation Chairman Bobby Scott on this 
bill, who has also introduced the bill today in the House of 
Representatives. The Direct CARE Opportunity Act provides support for 
strategies to recruit, retain, and advance the direct care workforce 
pipeline. Our legislation would support the implementation of models 
and strategies to train more people in the direct care field, while 
allowing for local and regional innovation to address workforce 
shortages. We encourage retention and career advancement in a high-
demand field where workers carry a large emotional burden and face 
barriers to economic mobility. Our legislation responds to the needs of 
our growing aging population, allowing older Americans, people with 
disabilities, and those with chronic illnesses to remain in their 
communities while receiving critical care and support, helping prevent 
costlier institutional care.
  I urge my colleagues on both sides of the aisle to see the Direct 
CARE Opportunity Act as a chance to invest in the professionals who 
care for millions of vulnerable Americans every day, ensuring they live 
with dignity and independence.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Duckworth, Mr. Booker, and Ms. 
        Hirono):
  S. 2523. A bill to amend section 455(m) of the Higher Education Act 
of 1965 in order to allow adjunct faculty members to qualify for public 
service loan forgiveness; 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. 2523

       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 ``Adjunct Faculty Loan 
     Fairness Act of 2019''.

     SEC. 2. LOAN FORGIVENESS FOR ADJUNCT FACULTY.

       Section 455(m)(3)(B)(ii) of the Higher Education Act of 
     1965 (20 U.S.C. 1087e(m)(3)(B)(ii)) is amended--
       (1) by striking ``teaching as'' and inserting the 
     following: ``teaching--

       ``(I) as'';

       (2) by striking ``, foreign language faculty, and part-time 
     faculty at community colleges), as determined by the 
     Secretary.'' and inserting ``and foreign language faculty), 
     as determined by the Secretary; or''; and
       (3) by adding at the end the following:

       ``(II) as a part-time faculty member or instructor who--

       ``(aa) teaches not less than 1 course at an institution of 
     higher education (as defined in section 101(a)), a 
     postsecondary vocational institution (as defined in section 
     102(c)), or a Tribal College or University (as defined in 
     section 316(b)); and
       ``(bb) is not employed on a full-time basis by any other 
     employer.''.

                          ____________________