TSA ISSUES CIVIL MONETARY PENALTY ADJUSTMENTS FOR 2023

January 26, 2023

On January 12, 2023, the Department of Homeland Security (“DHS”) made its annual inflation adjustment for civil monetary penalties issued by several agencies, including Customs and Border Protection (“CBP”) and the Transportation Security Administration (“TSA”).  Some of the notable civil penalty adjustments are included in the tables below.  A full listing of all 2023 civil penalty adjustments is available here.

CBP Civil Penalty Adjustments 

Penalty

Citation

Penalty amount as adjusted in the 2022 FR

New penalty as adjusted by this final rule

Penalties for non-compliance with arrival and departure manifest requirements for passengers, crewmembers, or occupants transported on commercial vessels or aircraft arriving to or departing from the United States

8 U.S.C. 1221(g)8 CFR 280.53(b)(1) (INA section 231(g))

$1,525

$1,643

Penalties for non-compliance with landing requirements at designated ports of entry for aircraft transporting aliens

8 U.S.C. 12248 CFR 280.53(b)(2) (INA section 234)

$4,144

$4,465

Penalties for bringing to the United States aliens without required documentation

8 U.S.C. 1323(b)8 CFR 280.53(b)(13) (INA section 273(b))

$6,215

$6,696

Penalties for improper entry

8 U.S.C. 1325(b)8 CFR 280.53(b)(15) (INA section 275(b))

$87-$438

$94-$472

 TSA Civil Penalty Adjustments 

Penalty

Citation

Penalty amount as adjusted in the 2022 FR

New penalty as adjusted by this final rule

Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by a person operating an aircraft for the transportation of passengers or property for compensation

49 U.S.C. 46301(a)(1), (4), (5), (6); 49 U.S.C. 46301(d)(2), (8); 49 CFR 1503.401(c)(3)

$37,377 (up to a total of $598,026 per civil penalty action)

$40,272 (up to a total of $644,343 per civil penalty action)

Violation of 49 U.S.C. ch. 449 (except secs. 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or 46303, a regulation prescribed, or order issued thereunder by an individual (except an airman serving as an airman), any person not operating an aircraft for the transportation of passengers or property for compensation, or a small business concern

49 U.S.C. 46301(a)(1), (4), (5); 49 U.S.C. 46301(d)(8)49 CFR 1503.401(c)

$14,950 (up to a total of $74,754 for individuals or small businesses, $598,026 for others)

$16,108 (up to a total of $80,544 for individuals or small businesses, $644,343 for others)

Violation of any other provision of title 49 U.S.C. or of 46 U.S.C. ch. 701, a regulation prescribed, or order issued thereunder

49 U.S.C. 114(u)49 CFR 1503.401(b)

$12,794 (up to a total of $63,973 total for individuals or small businesses, $511,780 for others)

$13,785 (up to a total of $68,928 total for individuals or small businesses, $551,417 for others)

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio