; and (ii) the amount of civil penalties imposed for violations investigated as part of a single investigation may not exceed $40,000. (C) Reporting (i) To the Secretary If a State agency under subparagraph (A) permits a retail food store or wholesale food concern to continue to participate in the supplemental nutrition assistance program in lieu of disqualification, the State agency shall annually submit to the Secretary a report describing the justification of the State agency for that action. (ii) To Congress The Secretary shall annually submit to Congress a report compiling the information contained in reports submitted to the Secretary under clause (i). . 210. Retention of recaptured funds by States Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) ) is amended— (1) in the second sentence, by striking The officials and inserting the following: (3) Prohibition The officials ; (2) in the first sentence— (A) by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively; and (B) by striking section 17(n): Provided, That the Secretary and inserting the following: “section 17(n). (2) Administration on Indian reservations and in Native villages (A) In general The Secretary ; (3) in paragraph (2) (as so designated)— (A) in subparagraph (A), by striking 35 percent and inserting 50 percent ; and (B) by adding at the end the following: (B) Use of retained amounts for fraud investigations The value of funds or allotments recovered or collected pursuant to sections 6(b) and 13(c) that are retained by a State under subparagraph (A) in excess of 35 percent shall be used by the State for investigations of fraud in the supplemental nutrition assistance program. ; and (4) by striking the subsection designation and all that follows through Subject to in the matter preceding paragraph (2) (as so designated) and inserting the following: (a) Administrative cost-Sharing (1) In general Subject to .