; or (C) directly or indirectly engage in steering (as defined in paragraph (2)) to a pharmacy that is owned, controlled by, or affiliated with the pharmacy benefit manager. (2) Steering In paragraph (1), the term steering with respect to a pharmacy benefit manager includes— (A) providing or implementing a benefit design that encourages a participant or beneficiary to utilize a pharmacy that is owned, controlled by, or affiliated with the pharmacy benefit manager, if such benefit design increases costs for the plan or the participant or beneficiary, including requiring a participant or beneficiary to pay higher out-of-pocket costs for a prescription if the participant or beneficiary chooses not to use a pharmacy owned, controlled by, or affiliated with the pharmacy benefit manager; (B) requiring an enrollee to use only a pharmacy that is owned, controlled by, or affiliated with the pharmacy benefit manager; or (C) any other activities as defined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Service. (d) Enforcement (1) In general The Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Penalties A pharmacy benefit manager that violates subsection (a), (b), or (c) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues. (3) Procedure The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (e) Regulations Notwithstanding any other provision of law, the Secretary shall implement the amendments made by this Act through interim final regulations. .