42 U.S.C. § 9858j — Reports, hotline, and Web site

Page 7932 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858j 1 So in original. Probably should be ‘‘suit’’. Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title. § 9858j. Reports, hotline, and Web site (a) Report by Secretary Not later than July 31, 2016, and biennially thereafter, the Secretary shall prepare and sub- mit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that con- tains a summary and analysis of the data and information provided to the Secretary in the State reports submitted under section 9858i of this title. Such report shall include an assess- ment, and where appropriate, recommendations for the Congress concerning efforts that should be undertaken to improve the access of the pub- lic to quality and affordable child care in the United States. Such report shall contain a de- termination around whether each State that uses amounts provided under this subchapter has complied with the priority for services de- scribed in sections 9858c(c)(2)(Q) and 9858c(c)(3)(B) of this title. (b) National toll-free hotline and Web site (1) In general The Secretary shall operate, directly or through the use of grants or contracts, a na- tional toll-free hotline and Web site, to— (A) develop and disseminate publicly avail- able child care consumer education informa- tion for parents and help parents access safe and quality child care services in their com- munity, with a range of price options, that best suits 1 their family’s needs; and (B) to allow persons to report (anony- mously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care pro- vider that receives assistance under this subchapter or a member of the provider’s staff. (2) Requirements The Secretary shall ensure that the hotline and Web site meet the following requirements: (A) Referral to local child care providers The Web site shall be hosted by ‘‘childcare.gov’’. The Web site shall enable a child care consumer to enter a zip code and obtain a referral to local child care providers described in subparagraph (B) within a speci- fied search radius. (B) Information The Web site shall provide to consumers, directly or through linkages to State data- bases, at a minimum— (i) a localized list of all eligible child care providers, differentiating between li- censed and license-exempt providers; (ii) any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable; (iii) any other provider-specific informa- tion about compliance with licensing, and health and safety requirements to the ex- tent the information is publicly available and to the extent practicable; (iv) referrals to local resource and refer- ral organizations from which consumers can find more information about child care providers; and (v) State information about child care subsidy programs and other financial sup- ports available to families. (C) Nationwide capacity The Web site and hotline shall have the ca- pacity to help families in every State and community in the Nation. (D) Information at all hours The Web site shall provide, to parents and families, access to information about child care services 24 hours a day. (E) Services in different languages The Web site and hotline shall ensure the widest possible access to services for fami- lies who speak languages other than English. (F) High-quality consumer education and re- ferral The Web site and hotline shall ensure that families have access to easy-to-understand child care consumer education and referral services. (3) Prohibition Nothing in this subsection shall be con- strued to allow the Secretary to compel States to provide additional data and information that is currently (as of November 19, 2014) not publicly available, or is not required by this subchapter, unless such additional data are re- lated to the purposes and scope of this sub- chapter, and are subject to a notice and com- ment period of no less than 90 days. (Pub. L. 97–35, title VI, § 658L, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–244; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 612, Aug. 22, 1996, 110 Stat. 2285; Pub. L. 105–33, title V, § 5602(3), Aug. 5, 1997, 111 Stat. 646; Pub. L. 113–186, § 8(d), Nov. 19, 2014, 128 Stat. 1997.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–186 substituted ‘‘Reports, hotline, and Web site’’ for ‘‘Report by Secretary’’ in section catchline, designated existing provisions as subsec. (a), inserted heading, substituted ‘‘2016’’ for ‘‘1998’’ and ‘‘to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate’’ for ‘‘to the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Sen- ate’’, inserted at end of subsec. (a) ‘‘Such report shall contain a determination around whether each State that uses amounts provided under this subchapter has Page 7933 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858l complied with the priority for services described in sec- tions 9858c(c)(2)(Q) and 9858c(c)(3)(B) of this title.’’, and added subsec. (b). 1997—Pub. L. 105–33 substituted ‘‘1998’’ for ‘‘1997’’. 1996—Pub. L. 104–193 substituted ‘‘July 31, 1997, and biennially thereafter’’ for ‘‘July 31, 1993, and annually thereafter’’ and ‘‘Committee on Economic and Edu- cational Opportunities’’ for ‘‘Committee on Education and Labor’’. 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title VI of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title. § 9858k. Limitations on use of financial assist- ance for certain purposes (a) Sectarian purposes and activities No financial assistance provided under this subchapter, pursuant to the choice of a parent under section 9858c(c)(2)(A)(i)(I) of this title or through any other grant or contract under the State plan, shall be expended for any sectarian purpose or activity, including sectarian worship or instruction. (b) Tuition With regard to services provided to students enrolled in grades 1 through 12, no financial as- sistance provided under this subchapter shall be expended for— (1) any services provided to such students during the regular school day; (2) any services for which such students re- ceive academic credit toward graduation; or (3) any instructional services which supplant or duplicate the academic program of any pub- lic or private school. (Pub. L. 97–35, title VI, § 658M, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–244; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858l. Nondiscrimination (a) Religious nondiscrimination (1) Construction (A) In general Except as provided in subparagraph (B), nothing in this section shall be construed to modify or affect the provisions of any other Federal law or regulation that relates to dis- crimination in employment on the basis of religion. (B) Exception A sectarian organization may require that employees adhere to the religious tenets and teachings of such organization, and such or- ganization may require that employees ad- here to rules forbidding the use of drugs or alcohol. (2) Discrimination against child (A) In general A child care provider (other than a family child care provider) that receives assistance under this subchapter shall not discriminate against any child on the basis of religion in providing child care services. (B) Non-funded child care slots Nothing in this section shall prohibit a child care provider from selecting children for child care slots that are not funded di- rectly with assistance provided under this subchapter because such children or their family members participate on a regular basis in other activities of the organization that owns or operates such provider. (3) Employment in general (A) Prohibition A child care provider that receives assist- ance under this subchapter shall not dis- criminate in employment on the basis of the religion of the prospective employee if such employee’s primary responsibility is or will be working directly with children in the pro- vision of child care services. (B) Qualified applicants If two or more prospective employees are qualified for any position with a child care provider receiving assistance under this sub- chapter, nothing in this section shall pro- hibit such child care provider from employ- ing a prospective employee who is already participating on a regular basis in other ac- tivities of the organization that owns or op- erates such provider. (C) Present employees This paragraph shall not apply to employ- ees of child care providers receiving assist- ance under this subchapter if such employ- ees are employed with the provider on No- vember 5, 1990. (4) Employment and admission practices Notwithstanding paragraphs (1)(B), (2), and (3), if assistance provided under this sub- chapter, and any other Federal or State pro- gram, amounts to 80 percent or more of the op- erating budget of a child care provider that re- ceives such assistance, the Secretary shall not permit such provider to receive any further as- sistance under this subchapter unless the grant or contract relating to the financial as- sistance, or the employment and admissions policies of the provider, specifically provides that no person with responsibilities in the op- eration of the child care program, project, or activity of the provider will discriminate against any individual in employment, if such