+--------------------+-----------------------+-------------------------+
| **ACF**            | **U.S. DEPARTMENT OF  |                         |
|                    | HEALTH AND HUMAN      |                         |
|                    | SERVICES**            |                         |
|                    |                       |                         |
|                    | **Administration on   |                         |
|                    | Children, Youth and   |                         |
|                    | Families**            |                         |
+--------------------+-----------------------+-------------------------+
| **Administration** | **1. Log No.:**       | **2. Issuance Date:**   |
|                    |                       |                         |
|                    | **ACYF-PI-CC-06-01**  | **February 6, 2006**    |
+--------------------+-----------------------+-------------------------+
| **for Children**   | **3. Originating      |                         |
|                    | Office: Child Care    |                         |
|                    | Bureau**              |                         |
+--------------------+-----------------------+-------------------------+
| **and Families**   | **4. Key Words: Child |                         |
|                    | Care and Development  |                         |
|                    | Fund**                |                         |
+--------------------+-----------------------+-------------------------+

PROGRAM INSTRUCTION

+-------------+--------------------------------------------------------+
| # **TO:**   | State and Territorial Lead Agencies administering      |
|             | child care programs under the Child Care and           |
|             | Development Block Grant Act of 1990 (the CCDBG Act),   |
|             | as amended, and other interested parties.              |
+-------------+--------------------------------------------------------+
| # *         | Waivers and Technical Assistance Authorized by Public  |
| *SUBJECT:** | Law (P.L.) 109-148 for States Affected by or           |
|             | Responding to the Gulf Hurricane Disasters.            |
+-------------+--------------------------------------------------------+
| # **RE      | The CCDBG Act; Section 418 of the Social Security Act; |
| FERENCES:** | 45 CFR Parts 98 and 99; 63 Federal Register            |
|             | 39936-39998; P.L. 109-148.; and ACYF-IM-CC-05-03.      |
+-------------+--------------------------------------------------------+
| *           | To provide guidance on the provisions of P.L. 109-148  |
| *PURPOSE:** | that relate to the Child Care and Development Fund     |
|             | (CCDF) and give States instructions on how to apply    |
|             | for waivers or request technical assistance.           |
+-------------+--------------------------------------------------------+
| # **BA      | On December 30, 2005, the President signed P.L.        |
| CKGROUND AN | 109-148, making appropriations for the Department of   |
| D POLICY:** | Defense for the fiscal year ending September 30, 2006. |
|             | In addition to appropriating funds for the Department  |
|             | of Defense, the Act also provides the Secretary of the |
|             | Department of Health and Human Services (the           |
|             | Secretary) with temporary authority to waive certain   |
|             | provisions of the CCDBG Act of 1990 for States         |
|             | affected by the Gulf hurricane disasters and those     |
|             | States serving significant numbers of individuals      |
|             | affected by the Gulf hurricane disasters. P.L. 109-148 |
|             | also gives the Secretary authority to provide          |
|             | technical assistance to States in providing guidance   |
|             | to child care providers serving families affected by   |
|             | the Gulf hurricane disasters.                          |
+-------------+--------------------------------------------------------+
| # *         | *[Authority Granted by P.L. 109-148:]{.underline}*     |
| *GUIDANCE** |                                                        |
|             | P.L. 109-148 gives the Secretary temporary authority   |
|             | to grant waivers from certain provisions of the CCDBG  |
|             | Act to States affected by or responding to the         |
|             | disasters caused by Hurricanes Katrina or Rita. The    |
|             | Secretary's waiver authority lasts until September 30, |
|             | 2006, and it is at the Secretary's discretion whether  |
|             | and to what extent a waiver will be granted. Alabama,  |
|             | Florida, Louisiana, Mississippi and Texas have been    |
|             | deemed "affected States" by P.L. 109-148. Other States |
|             | may also qualify for waivers if they have served a     |
|             | "significant number of individuals adversely affected  |
|             | by a Gulf hurricane disaster," which includes          |
|             | individuals who, on                                    |
|             |                                                        |
|             | August 29, 2005, were living, working or attending     |
|             | school in an area declared by the President to be a    |
|             | disaster area as a result of Hurricanes Katrina or     |
|             | Rita.                                                  |
|             |                                                        |
|             | Eligible States may request waivers from the following |
|             | CCDF requirements:                                     |
|             |                                                        |
|             | -   Requirement that eligible families have income no  |
|             |     greater than 85 percent of State Median Income;    |
|             |                                                        |
|             | -   Requirement that eligible families be working or   |
|             |     in training or educational programs;               |
|             |                                                        |
|             | -   Requirement that States spend at least 4 percent   |
|             |     of their CCDF allotment on quality activities;     |
|             |                                                        |
|             | -   Provisions of the CCDBG Act that could be          |
|             |     construed to prevent children designated as        |
|             |     evacuees from receiving priority for child care    |
|             |     services (except that children residing in a State |
|             |     and currently receiving services should not lose   |
|             |     such services in order to accommodate evacuee      |
|             |     children); and                                     |
|             |                                                        |
|             | -   Requirements related to State match.               |
|             |                                                        |
|             | P.L. 109-148 also provides the Secretary with the      |
|             | authority to provide technical assistance to States in |
|             | providing guidance to licensed or regulated child care |
|             | providers serving families affected by the Gulf        |
|             | hurricane disasters. Guidance to such providers may be |
|             | provided through intermediary organizations,           |
|             | "including those with demonstrated experience in       |
|             | providing training and technical assistance to         |
|             | programs serving school-age children up to age 13,     |
|             | involved in reinstituting child care services on a     |
|             | broad scale in areas affected by a Gulf hurricane      |
|             | disaster."                                             |
|             |                                                        |
|             | *[Applying for Waivers and Accessing Technical         |
|             | Assistance:]{.underline}*                              |
|             |                                                        |
|             | We remind States that Federal statute and regulations  |
|             | currently allow States broad flexibility in using CCDF |
|             | funds to respond to Federal or State declared          |
|             | emergency situations. States are encouraged to review  |
|             | the Child Care Bureau's guidance issued September 6,   |
|             | 2005, on Flexibility in Spending CCDF Funds in         |
|             | Response to Federal or State Declared Emergency        |
|             | Situations (ACYF-IM-CC-05-03) for ways in which States |
|             | can, without the need for any waiver, serve disaster   |
|             | victims in accordance with the CCDBG Act.              |
|             |                                                        |
|             | States that wish to apply for a waiver should contact  |
|             | their Administration for Children and Families (ACF)   |
|             | Regional Office in writing. States should also send    |
|             | copies of all waiver requests to Shannon Christian,    |
|             | Associate Commissioner, Child Care Bureau, 1250        |
|             | Maryland Avenue, SW, Washington, DC 20024.             |
|             |                                                        |
|             | In requesting a waiver, States should include the      |
|             | basis for their eligibility, a description of the      |
|             | waiver being requested, and any information needed to  |
|             | justify the waiver request. ACF Regional Offices and   |
|             | the Child Care Bureau will work with the Secretary (or |
|             | his delegate) to consider and decide upon all waiver   |
|             | requests. Follow-up conferences and/or additional      |
|             | written materials, including CCDF State Plan           |
|             | amendments, may be requested to secure additional      |
|             | information needed for consideration of the waiver     |
|             | request.                                               |
|             |                                                        |
|             | States are reminded that waiver approval is at the     |
|             | discretion of the Secretary. States should not         |
|             | undertake any action or inaction in violation of the   |
|             | CCDBG Act without first obtaining a waiver from the    |
|             | Secretary. We further remind States that the           |
|             | Secretary's waiver authority expires on September 30,  |
|             | 2006. States should submit waiver requests as soon as  |
|             | possible, but no later than July 31, 2006, to allow    |
|             | adequate time for processing. Finally, States are      |
|             | reminded that no waiver could permit a State to        |
|             | receive more in Federal funds than would otherwise be  |
|             | allotted to it under current law.                      |
|             |                                                        |
|             | States wishing to access technical assistance in       |
|             | providing guidance to child care providers serving     |
|             | families affected by the Gulf hurricane disasters      |
|             | should contact their ACF Regional Offices. States may  |
|             | also refer back to the Child Care Bureau's September   |
|             | 6, 2005, guidance, which provides information on the   |
|             | existing Child Care Technical Assistance Network,      |
|             | which provides States with technical assistance on     |
|             | support for child care providers in all types of       |
|             | settings. Child care information and resources         |
|             | specifically related to hurricane recovery, disaster   |
|             | relief and emergency preparedness may be found on the  |
|             | Child Care Bureau website                              |
|             | (<http                                                 |
|             | ://www.acf.hhs.gov/programs/ccb/emergency/index.htm>), |
|             | as well as the websites of the National Child Care     |
|             | Information Center                                     |
|             | (<http://nccic.acf.hhs.gov/katrina/>) and Child Care   |
|             | Aware (<http://www.childcareaware.org/en/disaster/>).  |
|             | No additional funds have been appropriated for this    |
|             | purpose.                                               |
+-------------+--------------------------------------------------------+
| # **        | Additional questions should be directed to your ACF    |
| ADDITIONAL  | Regional Office (see attached list of ACF Regional     |
| QUESTIONS** | Administrators).                                       |
+-------------+--------------------------------------------------------+
|             |   /s/                                                  |
|             |                                                        |
|             | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_                   |
|             |                                                        |
|             | Joan Ohl                                               |
|             |                                                        |
|             | Commissioner                                           |
|             |                                                        |
|             | Administration on Children,                            |
|             |                                                        |
|             | Youth and Families                                     |
+-------------+--------------------------------------------------------+

Attachment: List of ACF Regional Administrators

List of ACF Regional Administrators

+-------------+---------------------+-----------+-----------------------+
| > **REGION  | > Hugh Galligan,    | >         | > Leon R. McCowan,    |
| > I:**\     | > RA\               |  **REGION | > RA.\                |
| > C         | > JFK Federal       | > VI**\   | > West-Central        |
| onnecticut\ | > Bldg.\            | >         | > Regional Hub\       |
| > New       | > Rm. 2000\         | Arkansas\ | > 1301 Young Street\  |
| >           | > Boston, MA 02203\ | >         | > Suite 914\          |
|  Hampshire\ | > 617 565-1020      | Oklahoma\ | > Dallas, Texas       |
| > Maine\    | > (ph)\             | > L       | > 75202\              |
| > Rhode     | > 617 565-2493      | ouisiana\ | > 214 767-9648 (ph)\  |
| > Island\   | > (fax)\            | > Texas\  | > 214 767-3743 (fax)  |
| > Mas       | > <ht               | > New     |                       |
| sachusetts\ | tp://www.acf.hhs.go | > Mexico  | <http://www.acf.hhs.  |
| > Vermont   | v/programs/region1> |           | gov/programs/region6> |
+-------------+---------------------+-----------+-----------------------+
| > **REGION  | > Mary Ann Higgins, | >         | > Linda Lewis, RA\    |
| > II:**\    | > RA\               |  **REGION | > Federal Office      |
| > New       | > 26 Federal Plaza\ | > VII**\  | > Bldg.\              |
| > Jersey\   | > Rm. 4114\         | > Iowa\   | > Rm. 276\            |
| > Puerto    | > New York, NY      | >         | > 601 E. 12th St.\    |
| > Rico\     | > 10278\            | Missouri\ | > Kansas City, MO     |
| > New York\ | > 212 264-2890      | > Kansas\ | > 64106\              |
| > Virgin    | > (ph)\             | >         | > 816 426-3981 (ph)\  |
| > Islands   | > 212 264-4881      |  Nebraska | > 816 426-2888 (fax)\ |
|             | > (fax)\            |           | >                     |
|             | > <ht               |           |  <http://www.acf.hhs. |
|             | tp://www.acf.hhs.go |           | gov/programs/region7> |
|             | v/programs/region2> |           |                       |
+-------------+---------------------+-----------+-----------------------+
| > **REGION  | > David Lett, RA\   | >         | Thomas F. Sullivan,   |
| > III:**\   | > 150 S.            |  **REGION | RA                    |
| > Delaware\ | > Independence Mall | > VIII**\ |                       |
| > Pe        | > West- Suite 864\  | >         | Federal Office Bldg.\ |
| nnsylvania\ | > Public Ledger     | Colorado\ | 1961 Stout St., Rm.   |
| > District  | > Bldg.\            | > South   | 926\                  |
| > of        | > Philadelphia, PA  | > Dakota\ | Denver, CO            |
| > Columbia\ | > 19106-3499\       | >         | 80294-3538\           |
| > Virginia\ | > 215 861-4000      |  Montana\ | 303 844-3100 (phone)\ |
| > Maryland\ | > (ph)\             | > Utah\   | 303 844-2313 (fax)\   |
| > West      | > 215 861-4070      | > North   | <http://www.acf.hhs.  |
| > Virginia  | > (fax)\            | > Dakota\ | gov/programs/region8> |
|             | > <ht               | > Wyoming |                       |
|             | tp://www.acf.hhs.go |           |                       |
|             | v/programs/region3> |           |                       |
+-------------+---------------------+-----------+-----------------------+
| > **REGION  | Carlis V. Williams, | >         | Sharon M. Fujii, RA\  |
| > IV**\     | RA\                 |  **REGION | 50 United Nations     |
| > Alabama\  | Atlanta Fed.        | > IX**\   | Plaza\                |
| > M         | Center\             | >         | Rm. 450\              |
| ississippi\ | 61 Forsyth Street,  |  Arizona\ | San Francisco, CA     |
| > Florida\  | S.W.\               | > Nevada\ | 94102\                |
| > North     | Suite 4M60\         | > Ca      | 415 437-8400 (ph)\    |
| > Carolina\ | Atlanta, GA 30303\  | lifornia\ | 415 437-8444 (fax)    |
| > Georgia\  | 404 562-2900 (ph)\  | > Hawaii\ |                       |
| > South     | 404 562-2981 (fax)\ | >         | <http://www.acf.hhs.  |
| > Carolina\ | <ht                 |  American | gov/programs/region9> |
| > Kentucky\ | tp://www.acf.hhs.go | > Samoa\  |                       |
| > Tennessee | v/programs/region4> | > Guam\   |                       |
|             |                     | > N.      |                       |
|             |                     | > Mariana |                       |
|             |                     | > Islands |                       |
+-------------+---------------------+-----------+-----------------------+
| > **REGION  | > Joyce Thomas, RA\ | >         | > Stephen Henigson,   |
| > V**\      | > 233 N. Michigan   |  **REGION | > RA\                 |
| > Illinois\ | > Ave.\             | > X**\    | > Blanchard Plaza\    |
| >           | > Suite 400\        | > Alaska\ | > 2201 Sixth Ave.\    |
|  Minnesota\ | > Chicago, IL       | > Oregon\ | > Rm. 610-M/S RX-70\  |
| > Indiana\  | > 60601\            | > Idaho\  | > Seattle, Washington |
| > Ohio\     | > 312 353-4237      | > W       | > 98121\              |
| > Michigan\ | > (ph)\             | ashington | > 206 615-2547 (ph)\  |
| > Wisconsin | > 312 353-2204      |           | > 206 615-2574 (fax)\ |
|             | > (fax)\            |           | >                     |
|             | > <ht               |           | <http://www.acf.hhs.g |
|             | tp://www.acf.hhs.go |           | ov/programs/region10> |
|             | v/programs/region5> |           |                       |
+-------------+---------------------+-----------+-----------------------+