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18 U.S.C. § 3613 — Civil remedies for satisfaction of an unpaid fine

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3613 — Civil remedies for satisfaction of an unpaid fine

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Source file: Laws/federal/codes/united-states-code/title-18/section-3613-civil-remedies-for-satisfaction-of-an-unpaid-fine--4b7730708f.md
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Source location: Title 18, Chapter 229, § 3613; chapter-229-postsentence-administration.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1673&num=0&edition=prelim)) 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. The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section shall continue until the estate receives a written release of that liability. **(c) Lien.—** A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, an assessment imposed pursuant to [section 2259A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2259a&num=0&edition=prelim), or an order of restitution made pursuant to sections 11 So in original. Probably should be “section”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3664/m/1/A&num=0&edition=prelim), all provisions of this section are available to the United States for the enforcement of an order of restitution.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 407 — Assignment of benefits

**(a) In general** The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. **(b) Amendment of section** No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section. **(c) Withholding of taxes** Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person’s representative payee.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3601 — Supervision of probation

A person who has been sentenced to probation pursuant to the provisions of subchapter B of chapter 227, or placed on probation pursuant to the provisions of chapter 403, or placed on supervised release pursuant to the provisions of section 3583, shall, during the term imposed, be supervised by a probation officer to the degree warranted by the conditions specified by the sentencing court.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1673 — Restriction on garnishment

**(a) Maximum allowable garnishment** Except as provided in subsection (b) and in [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1675&num=0&edition=prelim), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim) in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). **(b) Exceptions** (1) The restrictions of subsection (a) do not apply in the case of (A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review. (B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11. (C) any debt due for any State or Federal tax. (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed— (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose suppor

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2248 — Mandatory restitution

**(a) In General.—** Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. **(b) Scope and Nature of Order.—** (1) **Directions.—** — The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2). (2) **Enforcement.—** — An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. (3) **Definition.—** — For purposes of this subsection, the term “full amount of the victim’s losses” includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and (F) any other losses suffered by the victim as a proximate result of the offense. (4) **Order mandatory.—** (A) The issuance of a restitution order under this section is mandatory. (B) A court may not decline to issue an order under this section because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. **(c) Definition.—** For purposes of this section, the term “victim” means the individual harmed as a result of a commission of a crime under this chapter, including,

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20101 — Crime Victims Fund

**(a) Establishment** There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the “Fund”). **(b) Fines deposited in Fund; penalties; forfeited appearance bonds** Except as limited by subsection (c), there shall be deposited in the Fund— (1) all fines that are collected from persons convicted of offenses against the United States except— (A) fines available for use by the Secretary of the Treasury pursuant to— (i) section 11(d) of the Endangered Species Act ([16 U.S.C. 1540(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/d&num=0&edition=prelim)); and (ii) section 6(d) of the Lacey Act Amendments of 1981 ([16 U.S.C. 3375(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/d&num=0&edition=prelim)); and (B) fines to be paid into— (i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.); (ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in [section 404(a)(7) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section404/a/7&num=0&edition=prelim); (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim)); and (iv) county public school funds pursuant to [section 3613 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3613&num

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20701 — Prevention of domestic trafficking in persons

**(a) Program to reduce trafficking in persons and demand for commercial sex acts in the United States** (1) **Comprehensive research and statistical review and analysis of incidents of trafficking in persons and commercial sex acts** (A) *In general* — The Attorney General shall use available data from State and local authorities as well as research data to carry out a biennial comprehensive research and statistical review and analysis of severe forms of trafficking in persons, and a biennial comprehensive research and statistical review and analysis of sex trafficking and unlawful commercial sex acts in the United States, and shall submit to Congress separate biennial reports on the findings. (B) *Contents* — The research and statistical review and analysis under this paragraph shall consist of two separate studies, utilizing the same statistical data where appropriate, as follows: (i) The first study shall address severe forms of trafficking in persons in the United States and shall include, but need not be limited to— (I) the estimated number and demographic characteristics of persons engaged in acts of severe forms of trafficking in persons; and (II) the number of investigations, arrests, prosecutions, and incarcerations of persons engaged in acts of severe forms of trafficking in persons by States and their political subdivisions. (ii) The second study shall address sex trafficking and unlawful commercial sex acts in the United States and shall include, but need not be limited to— (I) the estimated number and demographic characteristics of persons engaged in sex trafficking and commercial sex acts, including purchasers of commercial sex acts; (II) the estimated value in dollars of the commercial sex economy, including t

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1673 — Restriction on garnishment

Page 1550 TITLE 15—COMMERCE AND TRADE § 1671 sonal property for personal, family, or household pur- poses so as to— ‘‘(i) enable the lessee to compare more readily the various lease terms available to the lessee; ‘‘(ii) enable comparison of lease terms with credit terms, as appropriate; and ‘‘(iii) assure meaningful and accurate disclosures of lease terms in advertisements.’’ SUBCHAPTER II—RESTRICTIONS ON GARNISHMENT § 1671. Congressional findings and declaration of purpose (a) Disadvantages of garnishment The Congress finds: (1) The unrestricted garnishment of com- pensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. (2) The application of garnishment as a creditors’ remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. (3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the pur- poses thereof in many areas of the country. (b) Necessity for regulation On the basis of the findings stated in sub- section (a) of this section, the Congress deter- mines that the provisions of this subchapter are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws. (Pub. L. 90–321, title III, § 301, May 29, 1968, 82 Stat. 163.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 90–321, title V, § 504(c), May 29, 1

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3613 — Civil remedies for satisfaction of an un-

Page 840 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3613 1 So in original. Probably should be ‘‘section’’. ‘‘(b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, de- clare 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 collec- tion, including collection data for each judicial dis- trict.’’ § 3613. Civil remedies for satisfaction of an un- paid fine (a) ENFORCEMENT.—The United States may en- force a judgment imposing a fine in accordance with the practices and procedures for the en- forcement of a civil judgment under Federal law or State law. Notwithstanding any other Fed- eral law (including section 207 of the Social Se- curity Act), a judgment imposing a fine may be enforced against all property or rights to prop- erty of the person fined, except that— (1) property exempt from levy for taxes pur- suant 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 Con- sumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law

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