Limitation
(i) In general
(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.
(ii)(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)(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.