To permit the Secretary of Health and Human Services to waive the prohibition on the use of amounts by Indian tribes and tribal organizations for construction or renovation of facilities for child care programs if the use will result in an increase of the level of child care services.

1. Rewrites page 136, line 16 through page 137, line 7

   ReplacesPrinted page

   Removes page 136, line 16 through page 137, line 7 of the printed bill. See that page

   Inserted: (2) in subsection (c)--

   Inserted: (A) in paragraph (2), by adding at the end the following:

   Inserted: "(D) Licensing and standards.--In lieu of any licensing and regulatory requirements applicable under State or local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to Indian tribes and tribal organizations receiving assistance under this subchapter. Such standards shall appropriately reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a publicly available application, health and safety standards, and standards requiring a reservation of funds for activities to improve the quality of child care provided to Indian children."; and

   Inserted: (B) in paragraph (6), by striking subparagraph (C) and inserting the following:

   Inserted: "(C) Limitation.--

   Inserted: "(i) In general.--Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if the use will result in a decrease in the level of child care services provided by the Indian tribe or tribal organization as compared to the level of child care services provided by the Indian tribe or tribal organization in the fiscal year preceding the year for which the determination under subparagraph (B) is being made.

   Inserted: "(ii) Waiver.--The Secretary shall waive the limitation described in clause (i) if--

   Inserted: "(I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and

   Inserted: "(II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed--

   Inserted: "(aa) the level of child care services will increase; or

   Inserted: "(bb) the quality of child care services will improve.".

   Original wording

   On page 136, strike line 16 and all that follows through page 137, line 7, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed