UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 229--POSTSENTENCE ADMINISTRATION
SUBCHAPTER B--FINES
§ 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:
(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.--
(2) Computation.--Interest on a fine shall be computed--
(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 the first day on which the defendant is liable for interest under paragraph (1).
(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--
(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.