18 U.S.C. § 3612 — Collection of unpaid fine or restitution

(a) The court clerk or person designated under 28 U.S.C. § 604(a)(18) must notify the Attorney General of each payment covered by subsection (b), in the form agreed by the Attorney General and Administrative Office Director, within 15 days or another jointly set time. If the 15th day is a weekend or legal public holiday, notice is due the next non-holiday weekday. (b)(1) A judgment or order imposing, changing, or remitting a fine or restitution over $100 must include the defendant’s name, Social Security account number, mailing and residence addresses; case docket number; original and unpaid amounts; payment schedule if immediate payment is not required; any modification or remission; and, if payment is deferred, a requirement to report address changes to the Attorney General within 30 days until paid. A restitution order must identify each victim. Each victim must report address changes using the Attorney General’s or court’s form, and victim information must remain confidential. (2) Within 10 days after entry, the court must send the Attorney General a certified copy. (c) The Attorney General collects certified unpaid fines or restitution. A restitution order creates no claim against the United States by the person owed. Defendant payments are applied in this order: (1) the section 3013 penalty assessment, (2) all victims’ restitution, and (3) all other fines, penalties, costs, and sentence payments. (d) Within 10 working days after delinquency under section 3572(h), the Attorney General must notify the person. (e) Within 10 working days after default under section 3572(i), the Attorney General must notify the person that the debt, including interest and penalties, is due in full within 30 days. (f)(1) A defendant owes interest on a fine or restitution over $2,500 unless it is fully paid within 15 days after judgment; if the 15th day is a weekend or holiday, interest starts the next non-holiday day. (2) Interest on a fine is calculated daily, at the weekly average 1-year constant-maturity Treasury yield published by the Federal Reserve for the calendar week before interest begins. (3) If the court finds the defendant cannot pay, it may waive interest, cap it at a stated dollar amount, or limit how long it accrues. (g) When delinquent, the defendant owes a penalty of 10% of the delinquent principal. When in default, the defendant owes an additional penalty of 15% of the defaulted principal. (h) The Attorney General may waive all or part of interest or penalties under this section or under an earlier law if collection efforts are unlikely to work. (i) Payments apply first to principal, then costs, interest, and penalties. (j)(1) As part of regular evaluations, the Attorney General must evaluate every United States Attorney’s Office and DOJ component on seeking and recovering restitution under each authorizing provision of title 18 and the Controlled Substances Act. (2) Each office and component must work to improve those practices. (k)(1) Within 1 year after enactment of this subsection, the Comptroller General must report to the House and Senate Judiciary Committees on restitution sought during the preceding 3 years under those provisions. (2) The report must statistically estimate: (A) cases in which conviction occurred and restitution could be sought; (B) cases in which it was sought; (C) cases in which it was ordered; (D) amounts ordered; (E) amounts collected; (F) the percentage not fully collected; and (G) other useful measures. (3) It must recommend best practices for requesting restitution, obtaining orders, and collecting it. (4) Within 3 years after that report, the Comptroller General must report on DOJ implementation of those recommendations.