§ 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
(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;
(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.
(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.—
(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—
(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.