Page:United States Statutes at Large Volume 114 Part 1.djvu/454

 114 STAT. 418 PUBLIC LAW 106-224 -^JUNE 20, 2000 entity or the entity engages in any activity that poses a threat to public health or safety. "(D) HEARING. — An institution or family or group day care home shall be provided a fair hearing in accordance with subsection (e)(1) prior to any determination to terminate participation by the institution or family or group day care home under the program. Records. " (E) LiST OF DISQUALIFIED INSTITUTIONS AND INDIVID- UALS.— "(i) IN GENERAL.— The Secretary shall maintain a list of institutions, sponsored family or group day care homes, and individuals that have been terminated or otherwise disqualified from participation in the program. "(ii) AVAILABILITY. — The Secretary shall make the list available to State agencies for use in approving or renewing applications by institutions, sponsored family or group day ceire homes, and individuaJs for participation in the program.". (d) RECOVERY OF AMOUNTS FROM INSTITUTIONS. —Section 17(f)(1) of the Richard B. Russell National School Limch Act (42 U.S.C. 1766(f)(1)) is amended— (1) by striking "(f)(1) Funds paid" and inserting the following: "(f) STATE DISBURSEMENTS TO INSTITUTIONS.— "(1) IN GENERAL.— "(A) REQUIREMENT. — Funds paid"; and (2) by adding at the end the following: " (B) FRAUD OR ABUSE.— "(i) IN GENERAL.— The State may recover funds disbursed under subpsu'agraph (A) to an institution if the State determines that the institution has engaged in fraud or abuse with respect to the program or has submitted an invalid claim for reimbursement. "(ii) PAYMENT. — Amounts recovered under clause (i)— "(I) may be paid by the institution to the State over a period of one or more years; and "(II) shall not be pEud from funds used to provide meals and supplements. "(iii) HEARING.—An institution shall be provided a fair hearing in accordance with subsection (e)(1) prior to any determination to recover funds under this subparagraph.". (e) LIMITATION ON ADMINISTRATIVE EXPENSES FOR CERTAIN SPONSORING ORGANIZATIONS.—Section 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(2)) is amended by adding at the end the following: "(C) LIMITATION ON ADMINISTRATIVE EXPENSES FOR CERTAIN SPONSORING ORGANIZATIONS. — "(i) IN GENERAL.— Except as provided in clause (ii), a sponsoring organization of a day care center may reserve not more than 15 percent of the funds provided under peu-agraph (1) for the administrative expenses of the organization. "(ii) WAIVER.—^A State may waive the requirement in clause (i) with respect to a sponsoring organization

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