                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                           SUBCHAPTER B--FINES
 
Sec. 3612. Collection of unpaid fine or restitution

    (a) Notification of Receipt and Related Matters.--The clerk or the 
person designated under section 604(a)(18) of title 28 shall notify the 
Attorney General of each receipt of a payment with respect to which a 
certification is made under subsection (b), together with other 
appropriate information relating to such payment. The notification shall 
be provided--
        (1) in such manner as may be agreed upon by the Attorney General 
    and the Director of the Administrative Office of the United States 
    Courts; and
        (2) within 15 days after the receipt or at such other time as 
    may be determined jointly by the Attorney General and the Director 
    of the Administrative Office of the United States Courts.

If the fifteenth day under paragraph (2) is a Saturday, Sunday, or legal 
public holiday, the clerk, or the person designated under section 
604(a)(18) of title 28, shall provide notification not later than the 
next day that is not a Saturday, Sunday, or legal public holiday.
    (b) Information to be Included in Judgment; Judgment to be 
Transmitted to Attorney General.--(1) A judgment or order imposing, 
modifying, or remitting a fine or restitution order of more than $100 
shall include--
        (A) the name, social security account number, mailing address, 
    and residence address of the defendant;
        (B) the docket number of the case;
        (C) the original amount of the fine or restitution order and the 
    amount that is due and unpaid;
        (D) the schedule of payments (if other than immediate payment is 
    permitted under section 3572(d));
        (E) a description of any modification or remission;
        (F) if other than immediate payment is permitted, a requirement 
    that, until the fine or restitution order is paid in full, the 
    defendant notify the Attorney General of any change in the mailing 
    address or residence address of the defendant not later than thirty 
    days after the change occurs; and
        (G) in the case of a restitution order, information sufficient 
    to identify each victim to whom restitution is owed. It shall be the 
    responsibility of each victim to notify the Attorney General, or the 
    appropriate entity of the court, by means of a form to be provided 
    by the Attorney General or the court, of any change in the victim's 
    mailing address while restitution is still owed the victim. The 
    confidentiality of any information relating to a victim shall be 
    maintained.

    (2) Not later than ten days after entry of the judgment or order, 
the court shall transmit a certified copy of the judgment or order to 
the Attorney General.
    (c) Responsibility for Collection.--The Attorney General shall be 
responsible for collection of an unpaid fine or restitution concerning 
which a certification has been issued as provided in subsection (b). An 
order of restitution, pursuant to section 3556, does not create any 
right of action against the United States by the person to whom 
restitution is ordered to be paid. Any money received from a defendant 
shall be disbursed so that each of the following obligations is paid in 
full in the following sequence:
        (1) A penalty assessment under section 3013 of title 18, United 
    States Code.
        (2) Restitution of all victims.
        (3) All other fines, penalties, costs, and other payments 
    required under the sentence.

    (d) Notification of Delinquency.--Within ten working days after a 
fine or restitution is determined to be delinquent as provided in 
section 3572(h), the Attorney General shall notify the person whose fine 
or restitution is delinquent, to inform the person of the delinquency.
    (e) Notification of Default.--Within ten working days after a fine 
or restitution is determined to be in default as provided in section 
3572(i), the Attorney General shall notify the person defaulting to 
inform the person that the fine or restitution is in default and the 
entire unpaid balance, including interest and penalties, is due within 
thirty days.
    (f) Interest on Fines and restitution.--
        (1) In general.--The defendant shall pay interest on any fine or 
    restitution of more than $2,500, unless the fine is paid in full 
    before the fifteenth day after the date of the judgment. If that day 
    is a Saturday, Sunday, or legal public holiday, the defendant shall 
    be liable for interest beginning with the next day that is not a 
    Saturday, Sunday, or legal public holiday.
        (2) Computation.--Interest on a fine shall be computed--
            (A) daily (from the first day on which the defendant is 
        liable for interest under paragraph (1)); and
            (B) at a rate equal to the weekly average 1-year constant 
        maturity Treasury yield, as published by the Board of Governors 
        of the Federal Reserve System, for the calendar week 
        preceding.\1\ the first day on which the defendant is liable for 
        interest under paragraph (1).
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    \1\ So in original.

        (3) Modification of interest by court.--If the court determines 
    that the defendant does not have the ability to pay interest under 
    this subsection, the court may--
            (A) waive the requirement for interest;
            (B) limit the total of interest payable to a specific dollar 
        amount; or
            (C) limit the length of the period during which interest 
        accrues.

    (g) Penalty for Delinquent Fine.--If a fine or restitution becomes 
delinquent, the defendant shall pay, as a penalty, an amount equal to 10 
percent of the principal amount that is delinquent. If a fine or 
restitution becomes in default, the defendant shall pay, as a penalty, 
an additional amount equal to 15 percent of the principal amount that is 
in default.
    (h) Waiver of Interest or Penalty by Attorney General.--The Attorney 
General may waive all or part of any interest or penalty under this 
section or any interest or penalty relating to a fine imposed under any 
prior law if, as determined by the Attorney General, reasonable efforts 
to collect the interest or penalty are not likely to be effective.
    (i) Application of Payments.--Payments relating to fines and 
restitution shall be applied in the following order: (1) to principal; 
(2) to costs; (3) to interest; and (4) to penalties.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
2004; amended Pub. L. 100-185, Sec. 11, Dec. 11, 1987, 101 Stat. 1283; 
Pub. L. 100-690, title VII, Sec. 7082(c), (d), Nov. 18, 1988, 102 Stat. 
4408; Pub. L. 101-647, title XXXV, Sec. 3592, Nov. 29, 1990, 104 Stat. 
4931; Pub. L. 104-132, title II, Sec. 207(c)(2), Apr. 24, 1996, 110 
Stat. 1237; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 307(b)], Dec. 
21, 2000, 114 Stat. 2763, 2763A-635.)


                            Prior Provisions

    For a prior section 3612, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3601 of this title.


                               Amendments

    2000--Subsec. (f)(2)(B). Pub. L. 106-554 substituted ``the weekly 
average 1-year constant maturity Treasury yield, as published by the 
Board of Governors of the Federal Reserve System, for the calendar week 
preceding.'' for ``the coupon issue yield equivalent (as determined by 
the Secretary of the Treasury) of the average accepted auction price for 
the last auction of fifty-two week United States Treasury bills settled 
before''.
    1996--Pub. L. 104-132, Sec. 207(c)(2)(A), substituted ``Collection 
of unpaid fine or restitution'' for ``Collection of an unpaid fine'' in 
section catchline.
    Subsec. (b)(1). Pub. L. 104-132, Sec. 207(c)(2)(B)(i), inserted ``or 
restitution order'' after ``fine'' in introductory provisions.
    Subsec. (b)(1)(C). Pub. L. 104-132, Sec. 207(c)(2)(B)(ii), inserted 
``or restitution order'' after ``fine''.
    Subsec. (b)(1)(E). Pub. L. 104-132, Sec. 207(c)(2)(B)(iii), struck 
out ``and'' at end.
    Subsec. (b)(1)(F). Pub. L. 104-132, Sec. 207(c)(2)(B)(iv), inserted 
``or restitution order'' after ``fine'' and substituted ``; and'' for 
period at end.
    Subsec. (b)(1)(G). Pub. L. 104-132, Sec. 207(c)(2)(B)(v), added 
subpar. (G).
    Subsec. (c). Pub. L. 104-132, Sec. 207(c)(2)(C), inserted ``or 
restitution'' after ``unpaid fine'' in first sentence and inserted at 
end ``Any money received from a defendant shall be disbursed so that 
each of the following obligations is paid in full in the following 
sequence:
        ``(1) A penalty assessment under section 3013 of title 18, 
    United States Code.
        ``(2) Restitution of all victims.
        ``(3) All other fines, penalties, costs, and other payments 
    required under the sentence.''
    Subsec. (d). Pub. L. 104-132, Sec. 207(c)(2)(D)(ii), which directed 
substitution of ``or restitution is delinquent, to inform the person of 
the delinquency'' for ``is delinquent, to inform him that the fine is 
delinquent'', was executed by making the substitution for ``is 
delinquent to inform him that the fine is delinquent'' to reflect the 
probable intent of Congress.
    Pub. L. 104-132, Sec. 207(c)(2)(D)(i), inserted ``or restitution'' 
after ``Within ten working days after a fine''.
    Subsec. (e). Pub. L. 104-132, Sec. 207(c)(2)(E), inserted ``or 
restitution'' after ``days after a fine'' and substituted ``the person 
that the fine or restitution is in default'' for ``him that the fine is 
in default''.
    Subsec. (f). Pub. L. 104-132, Sec. 207(c)(2)(F)(i), which directed 
amendment of heading by inserting ``and restitution'' after ``on 
fines'', was executed by inserting the material after ``on fines'' to 
reflect the probable intent of Congress.
    Subsec. (f)(1). Pub. L. 104-132, Sec. 207(c)(2)(F)(ii), inserted 
``or restitution'' after ``any fine''.
    Subsec. (g). Pub. L. 104-132, Sec. 207(c)(2)(G), inserted ``or 
restitution'' after ``fine'' in two places.
    Subsec. (i). Pub. L. 104-132, Sec. 207(c)(2)(H), inserted ``and 
restitution'' after ``fines''.
    1990--Subsec. (a). Pub. L. 101-647 substituted ``604(a)(18)'' for 
``604(a)(17)'' wherever appearing.
    1988--Subsec. (d). Pub. L. 100-690, Sec. 7082(d), struck out ``, by 
certified mail,'' after ``fine is delinquent''.
    Subsec. (e). Pub. L. 100-690, Sec. 7082(d), struck out ``, by 
certified mail,'' after ``the person defaulting''.
    Subsec. (h). Pub. L. 100-690, Sec. 7082(c), inserted ``or any 
interest or penalty relating to a fine imposed under any prior law'' 
after ``under this section''.
    1987--Subsec. (a). Pub. L. 100-185, Sec. 11(a), substituted 
``Notification of receipt and related matters'' for ``Disposition of 
payment'' in heading and amended text generally. Prior to amendment, 
text read as follows: ``The clerk shall forward each fine payment to the 
United States Treasury and shall notify the Attorney General of its 
receipt within ten working days.''
    Subsec. (b). Pub. L. 100-185, Sec. 11(b), substituted ``Information 
to be included in judgment; judgment to be transmitted to Attorney 
General'' for ``Certification of imposition'' in heading and amended 
text generally. Prior to amendment, text read as follows: ``If a fine 
exceeding $100 is imposed, modified, or remitted, the sentencing court 
shall incorporate in the order imposing, remitting, or modifying such 
fine, and promptly certify to the Attorney General--
        ``(1) the name of the person fined;
        ``(2) his current address;
        ``(3) the docket number of the case;
        ``(4) the amount of the fine imposed;
        ``(5) any installment schedule;
        ``(6) the nature of any modification or remission of the fine or 
    installment schedule; and
        ``(7) the amount of the fine that is due and unpaid.''
    Subsec. (d). Pub. L. 100-185, Sec. 11(c)(1), substituted ``section 
3572(h)'' for ``section 3572(i)''.
    Subsec. (e). Pub. L. 100-185, Sec. 11(c)(2), substituted ``section 
3572(i)'' for ``section 3572(j)''.
    Subsec. (f). Pub. L. 100-185, Sec. 11(d), amended subsec. (f) 
generally, substituting provisions relating to interest on fines, 
computation of interest, and modification of interest by court, for 
provisions relating to interest and monetary penalties for delinquent 
fines.
    Subsecs. (g) to (i). Pub. L. 100-185, Sec. 11(e), added subsecs. (g) 
to (i).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-132 to be effective, to extent 
constitutionally permissible, for sentencing proceedings in cases in 
which defendant is convicted on or after Apr. 24, 1996, see section 211 
of Pub. L. 104-132, set out as a note under section 2248 of this title.


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.


                     Collection of Outstanding Fines

    Section 237 of Pub. L. 98-473 provided that:
    ``(a)(1) Except as provided in paragraph (2), for each criminal fine 
for which the unpaid balance exceeds $100 as of the effective date of 
this Act [see section 235 of Pub. L. 98-473, as amended, set out as a 
note under section 3551 of this title], the Attorney General shall, 
within one hundred and twenty days, notify the person by certified mail 
of his obligation, within thirty days after notification, to--
        ``(A) pay the fine in full;
        ``(B) specify, and demonstrate compliance with, an installment 
    schedule established by a court before enactment of the amendments 
    made by this Act [Oct. 12, 1984], specifying the dates on which 
    designated partial payments will be made; or
        ``(C) establish with the concurrence of the Attorney General, a 
    new installment schedule of a duration not exceeding two years, 
    except in special circumstances, and specifying the dates on which 
    designated partial payments will be made.
    ``(2) This subsection shall not apply in cases in which--
        ``(A) the Attorney General believes the likelihood of collection 
    is remote; or
        ``(B) criminal fines have been stayed pending appeal.
    ``(b) The Attorney General shall, within one hundred and eighty days 
after the effective date of this Act, declare all fines for which this 
obligation is unfulfilled to be in criminal default, subject to the 
civil and criminal remedies established by amendments made by this Act 
[see Short Title note set out under section 3551 of this title]. No 
interest or monetary penalties shall be charged on any fines subject to 
this section.
    ``(c) Not later than one year following the effective date of this 
Act, the Attorney General shall include in the annual crime report steps 
taken to implement this Act and the progress achieved in criminal fine 
collection, including collection data for each judicial district.''

                  Section Referred to in Other Sections

    This section is referred to in section 3663 of this title; title 21 
section 853.
