PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.

SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER. (a) Amendment of Federal Rules of Criminal Procedure.— Rule 32(b) of the Federal Rules of Criminal Procedure is amended— (1) in paragraph (1), by adding at the end the following: “Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the court may direct, shall be required in any case in which restitution is required to be ordered.”; and (2) in paragraph (4)— (A) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (B) by inserting after subparagraph (E), the following new subparagraph: “(F) in appropriate cases, information sufficient for the court to enter an order of restitution;”. (b) Fines.— Section 3572 of title 18, United States Code, is amended— (1) in subsection (b) by inserting “other than the United States,” after “offense,”; (2) in subsection (d)— (A) in the first sentence, by striking “A person sentenced to pay a fine or other monetary penalty” and inserting “(1) A person sentenced to pay a fine or other monetary penalty, including restitution,”; (B) by striking the third sentence; and (C) by adding at the end the following: “(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set 110 STAT. 1237by the court, but shall be the shortest time in which full payment can reasonably be made. “(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify the court of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.”; (3) in subsection (f), by inserting “restitution” after “special assessment,”; (4) in subsection (h), by inserting “or payment of restitution” after “A fine”; and (5) in subsection (i)— (A) in the first sentence, by inserting “or payment of restitution” after “A fine”; and (B) by amending the second sentence to read as follows: “Notwithstanding any installment schedule, when a fine or payment of restitution is in default, the entire amount of the fine or restitution is due within 30 days after notification of the default, subject to the provisions of section 3613A.”. (c) Postsentence Administration.— (1) Payment of a fine or restitution.— Section 3611 of title 18, United States Code, is amended— (A) by amending the heading to read as follows: “§ 3611. Payment of a fine or restitution”; and (B) by striking “or assessment shall pay the fine or assessment” and inserting “, assessment, or restitution, shall pay the fine, assessment, or restitution”. (2) Collection.— Section 3612 of title 18, United States Code, is amended— (A) by amending the heading to read as follows: “§ 3612. Collection of unpaid fine or restitution”; (B) in subsection (b)(1)— (i) in the matter preceding subparagraph (A), by inserting “or restitution order” after “fine”; (ii) in subparagraph (C), by inserting “or restitution order” after “fine”; (iii) in subparagraph (E), by striking “and”; (iv) in subparagraph (F)— (I) by inserting “or restitution order” after “fine”; and (II) by striking the period at the end and inserting “; and”; and (v) by adding at the end the following new subparagraph: “(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 110 STAT. 1238of any information relating to a victim shall be maintained.”; (C) in subsection (c)— (i) in the first sentence, by inserting “or restitution” after “fine”; and (ii) by adding at the end the following: “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) in subsection (d)— (i) by inserting “or restitution” after “fine”; and (ii) by striking “is delinquent, to inform him that the fine is delinquent” and inserting “or restitution is delinquent, to inform the person of the delinquency”; (E) in subsection (e)— (iii) by inserting “or restitution” after “fine”; and (iv) by striking “him that the fine is in default” and inserting “the person that the fine or restitution is in default”; (F) in subsection (f)— (i) in the heading, by inserting “and restitution” after “on fines”; and (ii) in paragraph (1), by inserting “or restitution” after “any fine”; (G) in subsection (g), by inserting “or restitution” after “fine” each place it appears; and (H) in subsection (i), by inserting “and restitution” after “fines”. (3) Civil remedies.— Section 3613 of title 18, United States Code, is amended to read as follows: “§ 3613. Civil remedies for satisfaction of an unpaid fine “(a) Enforcement.— The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined,except that— “(1) property exempt from levy for taxes pursuant to section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law; “(2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and “(3) the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law. “(b) Termination of Liability.— The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined. 110 STAT. 1239 “(c) Lien.— A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, or an order of restitution made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b). “(d) Effect of Filing Notice of Lien.— Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic’s lienor or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section. “(e) Discharge of Debt Inapplicable.— No discharge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall discharge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy proceeding. “(f) Applicability to Order of Restitution.— In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution”. (4) Default.— Chapter 229 of title 18, United States Code, is amended by inserting after section 3613 the following new section: “§ 3613A. Effect of default “(a) (1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution. “(2) In determining what action to take, the court shall consider the defendant’s employment status, earning ability, financial resources, the willfulness in failing to comply with the fine or restitution order, and any other circumstances that may have a 110 STAT. 1240bearing on the defendant’s ability or failure to comply with the order of a fine or restitution. “(b) (1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the court. “(2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other correctional facility, proceedings in which the prisoner’s participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined.”. (5) Resentencing.— Section 3614 of title 18, United States Code, is amended— (A) in the heading, by inserting “or restitution” after “fine”; (B) in subsection (a), by inserting “or restitution” after “fine”; and (C) by adding at the end the following new subsection: “(c) Effect of Indigency.— In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.”. (d) Clerical Amendment.— The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States Code, is amended to read as follows: “Sec. “3611. Payment of a fine or restitution. “3612. Collection of an unpaid fine or restitution. “3613. Civil remedies for satisfaction of an unpaid fine. “3613A. Effect of default. “3614. Resentencing upon failure to pay a fine or restitution. “3615. Criminal default”.