; and (3) by adding at the end the following: (c) Nondiscrimination in programs and activities (1) In general Except as described in paragraph (2), no person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part, with funds made available under this subchapter or with amounts appropriated for grants, contracts, or certificates administered with such funds. (2) Preference in enrollment If assistance provided under this subchapter, and any other Federal or State program, amounts to less than 80 percent of the operating budget of a child care provider that receives such assistance, a child care provider may select children for child care slots that are not funded directly 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. . 113. Indian tribes and national activities (a) In general Section 658O of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m ) is amended— (1) by striking the heading and inserting the following: 658O. Indian tribes and national activities ; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking one half of 1 percent of the amount appropriated under this subchapter and inserting a portion of the amount appropriated under section 658B(b) ; and (ii) by striking to be allotted and all that follows and inserting the following: “to be allotted by the Secretary— (A) in accordance with the respective needs of those territories; and (B) taking into consideration— (i) the population of eligible children, and the population of eligible children from low-income families, to be served by the territory involved; and (ii) the cost of child care in the territory.