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The policy details factors used to assess risk, intent, history, experience, economic impact, prior criminal or disciplinary actions, concealment, and fraud, including firearm-specific aggravating conditions, plus guidance for individuals and small business entities.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & 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19, 2001, Congress enacted the Aviation and Transportation Security Act (ATSA), which created TSA, and which transferred authority for enforcement of civil aviation security requirements from the Federal Aviation Administration to TSA. On July 21, 2009, TSA’s Investigative and Enforcement Procedures, including the maximum civil monetary penalty amounts for violations of TSA’s security regulations, were amended to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. On November 2, 2015, Congress enacted the Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which required federal agencies to make annual inflation adjustments to civil penalties.  \nPURPOSE: This sanctions policy provides guidance for imposing civil monetary penalties up to $42,657 per violation for aircraft operators, up to $14,602 per violation for surface transportation modes and other non-aviation violations, and up to $17,062 per violation for all other persons, including but not limited to individuals, airport operators, indirect air carriers, and small business concerns. This sanction guidance provides agency enforcement personnel with guidance in selecting appropriate sanctions for civil penalty enforcement actions and to promote consistency in enforcement of TSA regulations; it does not restrict TSA from proposing higher penalties or penalties for violations not listed in the Sanction Guidance Table. The purpose of this guidance is to assist, not replace, the exercise of judgment in determining the appropriate civil penalty in a particular case. TSA has the authority to issue civil penalties up to the administrative maximums found in 49 C.F.R. § 1503.401, which may undergo annual inflation adjustment more frequently than this sanctions policy is updated.  \nGENERAL GUIDELINES: The Sanction Guidance Table (“Table”) below represents the normal sanction range for a single violation of a particular regulation. Pursuant to a philosophy of progressive enforcement, the sanction generally increases with each repeated violation or based upon other aggravating factors. In selecting an appropriate sanction, TSA considers the totality of circumstances, including any aggravating and mitigating factors. A sanction amount at the higher end of a range is appropriate where there are aggravating factors surrounding the violation, while a sanction amount at the lower end of the range is appropriate for first time violations and where mitigating factors exist. Based on substantial aggravating or mitigating factors, TSA may seek a sanction amount that falls outside the Table’s sanction ranges.  \nAGGRAVATING and MITIGATING FACTORS: As a general matter, TSA considers the following aggravating and mitigating factors:  \n1. Significance or degree of the security risk created by the violation;  \n2. Nature of the violation (whether the violation was inadvertent, deliberate, or the result of gross negligence);  \n3. Past violation history (compliance should bethe norm, this factor is considered only to assess the need for an increased sanction);  \n4. Violator's level of experience;  \n5. Attitude of violator, including the nature of any corrective action taken by the alleged violator;  \n6. Economic impact of the civil penalty on the violator;  \n7. Criminal sanctions already paid for the same incident;  \n8. Disciplinary action by the violator’s employer for the same incident;  \n9. Artful concealment; and  \n10. Fraud and intentional falsification.  \n11. For violations related to firearms, additional aggravating factors include:  \nA. The violator is a member of the Known Crewmember® (KCM) Program using a KCM portal  \nB. The violator is a crew member in uniform using a passenger checkpoint  \nC. The violator is a member of TSA Pre√®  \nD. A repeat firearm violation (“past violation history”)  \nE. The firearm was carried on the violator’s person  \nF. The","cbCaiaJQf5ONqgcS","https://ap.wps.com/l/cbCaiaJQf5ONqgcS","pdf",297010,"English","# Introduction\n# Purpose\n# General Guidelines\n# Aggravating and Mitigating Factors\n# Individuals\n# Small Business Entities\n# Multiple Violations","[{\"question\":\"What is the purpose of the Enforcement Sanction Guidance Policy?\",\"answer\":\"It provides guidance for selecting appropriate civil monetary penalties for enforcement actions, promoting consistency in TSA enforcement of security regulations.\"},{\"question\":\"How does TSA determine a sanction amount within the Sanction Guidance Table?\",\"answer\":\"TSA considers the totality of circumstances, including aggravating and mitigating factors, and typically assigns higher amounts for aggravating circumstances and lower amounts for first-time violations with mitigating factors.\"},{\"question\":\"What additional aggravating factors apply to firearm-related violations?\",\"answer\":\"The policy lists firearm-specific aggravating factors such as participation in KCM, being in uniform at a passenger checkpoint, TSA Pre√® membership, repeat firearm violations, carrying the firearm on the person, and whether the firearm was loaded (e.g., chambered round or safety off).\"}]","ENFORCEMENT SANCTION GUIDANCE POLICY - Guidance for Civil Monetary Penalties | PDF",48]