On April 2, 2018, the Department of Homeland Security (DHS) published in the Federal Register a final rule making the 2018 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts DHS’s civil monetary penalties for 2018 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 2, 2018 whose associated violations occurred after November 2, 2015.
Covered penalties include penalties in titles 6, 8, 19, 33 and 49 U.S. Code, but no penalties in the Tariff Act of 1930, since those are excluded from the 2015 Act. There are several tables in the Federal Register which show the penalty, its citation, the 2017 penalty, the multiplier and the new adjusted penalty. The agencies covered are the:
- National Protection and Programs Directorate (NPPD) [6 U.S. Code]
- S. Customs and Border Protection (CBP) [8, 19 and 46 U.S. Code]
- S. Immigration and Customs Enforcement (ICE) [8 U.S.C.]
- S. Coast Guard (USCG) [14, 16, 19, 33, 42, 46, and 49 U.S. Code]
- Transportation Security Administration (TSA) [49 U.S. Code]