The Senate passed S.1086, the Child Care and Development Block Grant Act, on Thursday after a provision was added to help tribes with child care facilities.

Sen. Jon Tester (D-Montana), the chairman of the Senate Indian Affairs Committee, said the amendment lifts a prohibition on the renovation or construction of child care facilities in Indian Country. No one else was subject to the restriction.

"Renovation and construction of tribal facilities is already an allowable activity under this legislation, but the law explicitly states that Indian tribes or tribal organizations cannot reduce services even temporarily to improve or replace their facilities," Tester said in a press release. "This is a simple, common-sense amendment that will improve the quality of life in Indian Country for our future generations."

The amendment reads:

SA 2834. Mr. TESTER (for himself and Ms. MURKOWSKI) submitted an amendment intended to be proposed by him to the bill S. 1086, to reauthorize and improve the Child Care and Development Block Grant Act of 1990, and for other purposes; which was ordered to lie on the table; as follows:

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

(2) in subsection (c)--

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

``(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

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

``(C) LIMITATION.--

``(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.

``(ii) WAIVER.--The Secretary shall waive the limitation described in clause (i) if--

``(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

``(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--

``(aa) the level of child care services will increase; or

``(bb) the quality of child care services will improve.''.

The bill now goes to the House for consideration.