Page:United States Statutes at Large Volume 122.djvu/1138

 12 2 STA T . 111 5PUBLIC LA W 11 0– 2 34—M A Y 22, 200 8‘ ‘ (b)PERIOD O FD I SQUAL IFI C A T IO N.—Su b ject t os ubsect i o n (c) ,ad is q ua l i f ication ’ ’ ( B )in p a r a g rap h ( 1 ),b y stri k ing ‘‘of no less than si xm onths nor more than fi v e years’’ and inserting ‘‘not to exceed 5 years’’; ( C ) in paragraph ( 2 ), by striking ‘‘of no less than t w elve months nor more than ten years’’ and inserting ‘‘not to exceed 1 0 years’’; (D) in paragraph ( 3 )(B)— (i) by inserting ‘‘or a finding of the unauthori z ed redemption, use, transfer, acquisition, alteration, or possession of E B T cards’’ after ‘‘concern’’ the first place it appears; and (ii) by striking ‘‘civil money penalties’’ and inserting ‘‘civil penalties’’; and (E) by striking ‘‘civil money penalty’’ each place it appears and inserting ‘‘civil penalty’’; (3) in subsection (c)— ( A ) by striking ‘‘(c) The action’’ and inserting the fol - lowing

‘‘(c) CI V IL PENALT Y AND R EVIE W OF DISQUALIFICATION AND PEN- ALTY DETER M INATIONS.— ‘‘(1) CIVIL P ENALTY.— I n addition to a disqualification under this section, the Secretary may assess a civil penalty in an amount not to exceed $ 100,000 for each violation. ‘‘(2) REVIEW.—The action’’; and (B) in paragraph (2) (as designated by subparagraph (A)), by striking ‘‘civil money penalty’’ and inserting ‘‘civil penalty’’; ( 4 ) in subsection (d)— (A) by striking ‘‘(d)’’ and all that follows through ‘‘. The Secretary shall’’ and inserting the following: ‘‘(d) CONDITIONS OF AUT H ORI Z ATION.— ‘‘(1) IN G ENERAL.—As a condition of authorization to accept and redeem benefits, the Secretary may require a retail food store or wholesale food concern that, pursuant to subsection (a), has been disqualified for more than 1 8 0 days, or has been subjected to a civil penalty in lieu of a disqualification period of more than 180 days, to furnish a collateral bond or irrev- ocable letter of credit for a period of not more than 5 years to cover the value of benefits that the store or concern may in the future accept and redeem in violation of this Act. ‘‘(2) COLLATERAL.—The Secretary also may require a retail food store or wholesale food concern that has been sanctioned for a violation and incurs a subsequent sanction regardless of the length of the disqualification period to submit a collateral bond or irrevocable letter of credit. ‘‘(3) BOND REQUIREMENTS.—The Secretary shall’’; (B) by striking ‘‘If the Secretary finds’’ and inserting the following ‘‘(4) F ORFEITURE.—If the Secretary finds’’; and (C) by striking ‘‘Such store or concern’’ and inserting the following: ‘‘(5) H EARING.—A store or concern described in paragraph (4)’’; (5) in subsection (e), by striking ‘‘civil money penalty’’ each place it appears and inserting ‘‘civil penalty’’; and

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