2
AGGRAVATING and MITIGATING FACTORS: As a general matter, TSA considers the following
aggravating and mitigating factors:
1. Significance or degree of the security risk created by the violation;
2. Nature of the violation (whether the violation was inadvertent, deliberate, or the result of gross
negligence);
3. Past violation history (compliance should be the norm, this factor is considered only to assess the
need for an increased sanction);
4. Violator's level of experience;
5. Attitude of violator, including the nature of any corrective action taken by the alleged violator;
6. Economic impact of the civil penalty on the violator;
7. Criminal sanctions already paid for the same incident;
8. Disciplinary action by the violator’s employer for the same incident;
9. Artful concealment; and
10. Fraud and intentional falsification.
11. For violations related to firearms, additional aggravating factors include:
A. The violator is a member of the Known Crewmember® (KCM) Program using a KCM portal
B. The violator is a crew member in uniform using a passenger checkpoint
C. The violator is a member of TSA Preè
D. A repeat firearm violation (“past violation history”)
E. The firearm was carried on the violator’s person
F. The firearm has a round that is chambered or the safety is off (loaded firearms carry a separate,
higher penalty to unloaded firearms)
INDIVIDUALS: Section VI below addresses sanction amounts for individual violations. Penalty
considerations for violations by individuals, who are not regulated entities or employed by a regulated
entity, differ from the considerations for regulated entities such as an aircraft operator, airport, or indirect
air carrier. Deterrence against an individual generally does not require a penalty range as high as that
against a regulated entity. As a result, the Table contains ranges that list dollar amounts for violations by
individuals. Egregious or intentional violations may support a civil penalty outside of the listed range.
Reduced civil penalties allowed under the Notice of Violation (NOV) program are a program incentive and
are not based on the typical mitigating factors.
SMALL BUSINESS ENTITIES: The maximum civil penalty that may be assessed against a violator that
qualifies as a small business entity is $14,950 (freight and passenger rail is $12,794). TSA may consider
the fact that the entity qualifies as a small business in determining the appropriate amount of the civil
penalty. This information may not be readily available prior to the issuance of a proposed civil penalty
and may be considered at any time after the initiation of enforcement action. Generally, it is the
responsibility of the alleged violator to provide reliable evidence of its inability to pay a proposed civil
penalty or of the impact the civil penalty it will have on its ability to continue in business.
MULTIPLE VIOLATIONS: Where multiple violations arise from the same incident, inspection, or
investigation, a sanction amount generally should be calculated for each violation of the regulations.
Similarly, a separate sanction amount generally should be assessed for each violation where there are
continuing violations or related violations addressed in the same case.
CRIMINAL REFERRAL: Referral for criminal investigation and enforcement is appropriate where there
appears to be a violation of criminal laws. Criminal penalties and fines are different and wholly separate
from the civil penalties assessed by TSA. Withdrawal of criminal charges will not affect civil penalty
charges, and vice versa.