Criminal Fine Enforcement Act of 1984
PL 98-596 (H.R.5846), enacted 10/30/1984

98 STAT. 3134 
PUBLIC LAW 98-596—OCT. 30, 1984 
Public Law 98-596 
98th Congress 
An Act 
Oct. 30, 1984 
[H.R. 5846] 
Criminal Fine 
Enforcement Act 
of 1984. 
18 u s e 3611 
note. 
Law 
enforcement. 
Taxes. 
26 u s e 6323. 
26 u s e 6334. 
To amend title 18, United States Code, to improve collection and administration of 
criminal fines, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Criminal Fine Enforcement Act of 1984". 
SEC. 2. Section 3565 of title 18, United States Code, is amended— 
(1) in the sentence beginning "In all criminal", by striking out 
"In" and inserting in lieu thereof "(a)(1) Except as provided in 
paragraph (2) of this subsection, in"; 
(2) in the sentence beginning "Where the judgment", by 
striking out "Where the" and all that follows through "is paid," 
and inserting in lieu thereof: "If the court finds by a preponder-
ance of the information relied upon in imposing sentence that 
the defendant has the present ability to pay a fine or penalty, 
the judgment may direct imprisonment until the fine or penalty 
is paid, and"; and 
(3) by adding at the end the following new matter: 
"(2) A judgment imposing the payment of a fine or penalty shall, 
upon the filing of notice of lien in the manner in which a notice of 
tax lien would be filed under section 6323(f) of the Internal Revenue 
Code of 1954, be a lien in favor of the United States upon all 
property and rights of property belonging to the defendant, except 
with respect to properties or transactions specified in subsections (b), 
(c) or (d) of section 6323 of the Internal Revenue Code of 1954 for 
which a notice of tax lien properly filed on the same date would not 
be valid and except with respect to property that would be exempt 
from levy for taxes under section 6334(a) of the Code. Such lien shall 
be valid against any subsequent purchaser, holder of a security 
interest, mechanic's lienor or judgment creditor. A writ of execution 
may be issued with respect to any property or rights to property 
subject to such lien. 
"(3) Such lien is valid against property referred to in paragraph (2) 
of this subsection if, but for such paragraph, applicable law would 
permit enforcement of the lien. 
"(4) The effect of any execution, whether by attachment, garnish-
ment, levy or other means, on salary, wages or other income payable 
to or receivable by a defendant shall be continuous from the date 
such execution is first made until the liability for the fine or penalty 
to which the execution relates is satisfied, the liability ceases to 
exist or becomes unenforceable, or the execution is released. Sala-
ries, wages and other income shall be exempt from execution only to 
the extent of the exemptions from levy for taxes provided in section 
6334(d) of the Internal Revenue Code of 1954. 
"(5) For the purposes of any State or local law providing for the 
filing of a notice of a tax lien, a notice of lien for a judgment 
imposing the payment of a fine or penalty shall be considered a 
notice of lien for taxes payable to the United States. If such notice is 
PUBLIC LAW 98-596—OCT. 30, 1984 
98 STAT. 3135 
not accepted for filing, the registration, recording, docketing, or 
indexing, of the judgment imposing payment of a fine or penalty in 
accordance with section 1962 of title 28, United States Code shall be 
considered for all purposes as the filing prescribed by this subsec-
tion. 
"(b)(1) A judgment imposing the payment of a fine or penalty 
shall— 
"(A) provide for immediate payment unless, in the interest of 
justice, the court specifies payment on a date certain or in 
installments; 
"(B) include the name and address of the defendant, the 
docket number of the case, the amount of the fine, and the 
schedule of payments (if other than immediate payment is 
specified); and 
"(C) if other than immediate payment is specified, require the 
defendant to notify the appropriate United States Attorney of 
any change in the name or address of the defendant. 
"(2) If the judgment specifies other than immediate payment of a 
fine or penalty, the period provided for payment shall not exceed 
five years, excluding any period served by the defendant as imipris-
onment for the offense. The defendant shall pay interest on any 
amount payment of which is deferred under this paragraph. The 
interest shall be computed on the unpaid balance at the rate of 1.5 
percent per month for each full calendar month for which such 
amount is unpaid. 
"(3) If the judgment specifies other than immediate payment of a 
fine or penalty, and the defendant does not pay an amount due, at 
the disci'etion of the Attorney General, the entire unpaid balance 
shall be payable immediately. 
"(c)(1) The defendant shall pay interest on any amount of a fine or 
penalty (other than a penalty under paragraph (2) of this subsection) 
that is past due. The interest shall be computed on the unpaid 
balance at the rate of 1.5 percent per month. 
"(2) If an amount owed by a defendant as a fine or penalty is past 
due for more than 90 days, the defendant shall pay, in addition to 
any amount otherwise payable, a penalty equal to 25 percent of the 
amount past due. 
"(d)(1) Except as provided in paragraph (2) of this subsection, the 
defendant shall pay to the Attorney General any amount due as a 
fine or penalty. 
"(2) The Attorney General and the Director of the Administrative 
Office of the United States Courts may jointly provide by regulation 
that fines and penalties for specified categories of offenses shall be 
paid to the clerk of the court. 
"(e) If a fine or penalty exceeds $500, the clerk of the court shall 
furnish to the Attorney General a certified copy of the judgment. 
"(f) If a fine or penalty is imposed on an organization, it is the 
duty of each individual authorized to make disbursements for the 
organization to make payment from assets of the organization. If a 
fine or penalty is imposed on a director, officer, employee, or agent 
of an organization, payment shall not be made, directly or in-
directly, from assets of the organization, unless the court finds that 
such payment is expressly permissible under applicable State law. 
"(g) When a fine or penalty is satisfied as provided by law, the 
Attorney General shall file with the court a notice of satisfaction of 
judgment if the defendant makes a written request to the Attorney 
General for such filing, or if the amount of the fine or penalty 
98 STAT. 3136 
PUBLIC LAW 98-596—OCT. 30, 1984 
exceeds $500. Upon request of the defendant, the clerk shall furnish 
to the defendant a certified copy of the notice. 
"(h) The obligation to pay a fine or penalty ceases upon the death 
of the defendant or the expiration of twenty years after the date of 
the entry of the judgment, whichever occurs earlier. The defendant 
and the Attorney General may agree in writing to extend such 
twenty-year period.". 
SEC. 3. Section 3569 of title 18, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking out "(a)" at the beginning of the subsec-
tion; and 
(B) by striking out "thirty days" in the sentence begin-
ning "When a poor"; and 
(2) by striking out subsection (b). 
SEC. 4. Section 3651 of title 18, United States Code, is amended in 
the paragraph beginning "The defendant's"— 
(1) by striking out "fine or other punishment" and inserting 
in lieu thereof "punishment (other than a fine)"; and 
(2) by adding at the end the following new sentence: "If at the 
end of the period of probation, the defendant has not complied 
with a condition of probation, the court may nevertheless 
terminate proceedings against the defendant, but no such 
termination shall affect the defendant's obligation to pay a fine 
imposed or made a condition of probation, and such fine shall be 
collected in the manner provided in section 3565 of this title.". 
SEC. 5. Section 3655 of title 18, United States Code, is amended by 
inserting after the paragraph beginning "He shall keep records" the 
following new paragraph: 
"He shall report to the court any failure of a probationer under 
his supervision to pay an amount due as a fine or as restitution.". 
SEC. 6. (a) Chapter 229 of title 18, United States Code, is amended 
by adding at the end the following new sections: 
18 use 3621. 
"§ 3621. Criminal default on fine 
"(a) Whoever, having been sentenced to pay a fine or penalty, 
willfully does not pay an amount due— 
"(1) in the case of an individual, shall be fined not more than 
the greater of $100,000 or twice the unpaid balance of the fine or 
penalty, or imprisoned not more than one year, or both; and 
"(2) in the case of a person other than an individual, shall be 
fined not more than the greater of $250,000 or twice the unpaid 
balance of the fine or penalty. 
"(b) It is a defense to a prosecution under subsection (a)(1) of this 
section that the individual was unable to make the payment because 
of such individual's responsibility to provide necessities for such 
individual or other individuals financially dependent upon such 
individual. The defendant has the burden of establishing the defense 
under this subsection by a preponderance of the evidence. 
18 use 3622. 
"§ 3622. Factors relating to imposition of fines 
"(a) In determining whether to impose a fine and the amount of a 
fine, the court shall consider, in addition to other relevant factors— 
"(1) the nature and circumstances of the offense; 
"(2) the history and characteristics of the defendant; 
"(3) the defendant's income, earning capacity, and financial 
resources; 
PUBLIC LAW 98-596—OCT. 30, 1984 
98 STAT. 3137 
"(4) the burden that the fine will impose upon the defendant, 
any person who is financially dependent on the defendant, or 
any other person (including a government) that would be 
responsible for the welfare of any person financially dependent 
on the defendant, relative to the burden that alternative 
punishments would impose; 
"(5) any pecuniary loss inflicted upon others as a result of the 
offense; 
"(6) whether restitution is ordered and the amount of such 
restitution; 
"(7) the need to deprive the defendant of illegally obtained 
gains from the offense; 
"(8) whether the defendant can pass on to consumers or other 
persons the expense of the fine; and 
"(9) if the defendant is an organization, the size of the organi-
zation and any measure taken by the organization to discipline 
any officer, director, employee, or agent of the organization 
responsible for the offense and to prevent a recurrence of such 
an offense. 
"(b) If, as a result of a conviction, the defendant has the obligation 
to make restitution to a victim of the offense, the court shall impose 
a fine or penalty only to the extent that such fine or penalty will not 
impair the ability of the defendant to make restitution. 
"§ 3623. Alternative 
fines 
18 use 3623. 
"(a) An individual convicted of an offense may be fined not more 
than the greatest o
f
— 
"(1) the amount specified in the law setting forth the offense; 
"(2) the applicable amount under subsection (c) of this section; 
"(3) in the case of a felony, $250,000; 
"(4) in the case of a misdemeanor resulting in death, $250,000; 
or 
"(5) in the case of a misdemeanor punishable by imprison-
ment for more than six months, $100,000. 
"(b) A person (other than an individual) convicted of an offense 
may be fined not more than the greatest of— 
"(1) the amount specified in the law setting forth the offense; 
"(2) the applicable amount under subsection (c) of this section; 
"(3) in the case of a felony, $500,000; 
"(4) in the case of a misdemeanor resulting in death, $500,000; 
or 
"(5) in the case of a misdemeanor punishable by imprison-
ment for more than six months, $100,000. 
"(c)(1) If the defendant derives pecuniary gain from the offense, or 
if the offense results in pecuniary loss to another person, the 
defendant may be fined not more than the greater of twice the gross 
gain or twice the gross loss, unless imposition of a fine under this 
subsection would unduly complicate or prolong the sentencing 
process. 
"(2) Except as otherwise expressly provided, the aggregate of fines 
that a court may impose on a defendant at the same time for 
different offenses that arise from a common scheme or plan, and 
that do not cause separable or distinguishable kinds of harm or 
damage, is twice the amount imposable for the most serious offense. 
98 STAT. 3138 
PUBLIC LAW 98-596—OCT. 30, 1984 
18 use 3624. 
"§ 3624. Security for stayed fine 
"If a sentence imposing a fine is stayed, the court shall, absent 
exceptional circumstances (as determined by the court)— 
"(1) require the defendant to deposit, in the registry of the 
district court, any amount of the fine that is due; 
"(2) require the defendant to provide a bond or other security 
to ensure payment of the fine; or 
"(3) restrain the defendant from transferring or dissipating 
assets.", 
(b) The table of sections for chapter 229 of title 18, United States 
Code, is amended by inserting after the item relating to section 3620 
the following new items: 
"3621. Criminal default on fine. 
"3622. Factors relating to imposition of fines. 
"3623. Alternative fines. 
"3624. Security for stayed fine.". 
SEC. 7. The sentence beginning "In every" in section 4209(a) of 
title 18, United States Code, is amended— 
(1) by striking out "a condition" and inserting in lieu thereof 
"conditions"; and 
(2) by inserting after "local crime" the following: "and, if a 
fine was imposed, that the parolee make a diligent effort to pay 
the fine in accordance with the judgment". 
SEC. 8. Section 1 of title 18, United States Code, is amended in 
paragraph (3)— 
(1) by inserting after "which" the following: ", as set forth in 
the provision defining the offense,"; and 
(2) by striking out "$500" and inserting in lieu thereof 
"$5,000 for an individual and $10,000 for a person other than an 
individual". 
SEC. 9. Section 3579 of title 18, United States Code, is amended— 
(1) in subsection (c), by striking out "Court" and inserting in 
lieu thereof "court"; and 
(2) in subsection (f^, by adding at the end the following new 
paragraph: 
"(4) The order of restitution shall require the defendant to make 
restitution directly to the victim or other person eligible under this 
section, or to deliver the amount or property due as restitution to 
the Attorney General for transfer to such victim or person.". 
SEC. 10. The amendments made by sections 2 through 9 of this Act 
shall apply with respect to offenses committed after December 31, 
1984. 
SEC. 11. (a) RULE 12.2 OF THE FEDERAL RULES OF CRIMINAL PROCE-
DURE IS AMENDED— 
(1) by striking out "to a mental examination by a psychiatrist 
or other expert designated for this purpose in the order of the 
court" in subdivision (c) and inserting in lieu thereof "to an 
examination pursuant to 18 U.S.C. 4242"; and 
(2) by striking out "mental condition" in subdivision (d) and 
inserting in lieu thereof "guilt". 
(b) Section 404(b) and section 404(d) of chapter IV of title II of the 
Ante, p. 2067. 
joint resolution entitled "Joint resolution making continuing appro-
priations for the fiscal year 1985, and for other purposes", H.J. Res. 
648, Ninety-eighth Congress, are repealed. 
Effective date. 
(c) The amendments and repeals made by subsections (a) and (b) of 
this section shall apply on and after the enactment of the joint 
Effective date. 
18 u s e 1 note. 
18 u s e app. 
PUBLIC LAW 98-596—OCT. 30, 1984 
98 STAT. 3139 
2034. 
resolution entitled "Joint resolution making continuing appropria-
tions for the fiscal year 1985, and for other purposes", H.J. Res. 648, 
Ninety-eighth Congress. 
SEC. 12. (a)(1) Title 18, United States Code, is amended by striking 
Repeal, 
out chapter 228. 
Ante, p. 
(2) Section 3651 of title 18, United States Code, is amended by 
striking out the following paragraph: 
"If the court has imposed and ordered execution of a fine and 
placed the defendant on probation, payment of the fine or adherence 
to the court-established installment schedule shall be a condition of 
the probation.". 
(3) Section 3651 of title 18, United States Code, as amended by 
paragraph (2) of this subsection, is further amended by striking out 
the last paragraph and inserting in lieu thereof the following: 
"The defendant's liability for any fine or other punishment im-
posed as to which probation is granted, shall be fully discharged by 
the fulfillment of the terms and conditions of probation.". 
(4) The second paragraph of section 3655 of title 18, United States 
Code, is amended to read as follows: 
"He shall keep informed concerning the conduct and condition of Report. 
each probationer under his supervision and shall report thereon to 
the court placing such person on probation.". 
(5) The first sentence of section 4209(a) of title 18, United States 
Code, is amended by striking out "and, in a case" and all that 
follows through the end of the sentence and inserting in lieu thereof 
a period. 
(6) Section 4214(b)(1) of title 18, United States Code, is amended by 
striking out "or a failure to pay a fine in default within thirty days 
after notification that it is in default" each place it appears. 
(7)(A) Chapter 227 of title 18, United States Code, is amended by 
inserting after section 3564 the following: 
"§ 3565. Collection and payment of fines and penalties 
18 use 3565. 
"In all criminal cases in which judgment or sentence is rendered, 
imposing the payment of a fine or penalty, whether alone or with 
any other kind of punishment, such judgment, so far as the fine or 
penalty is concerned, may be enforced by execution against the 
property of the defendant in like manner as judgments in civil cjises. 
Where the judgment directs imprisonment until the fine or penalty 
imposed is paid, the issue of execution on the judgment shall not 
discharge the defendant from imprisonment until the amount of the 
judgment is paid.". 
(B) The table of sections for chapter 227 of title 18, United States 
Code, is amended by striking out the item relating to section 3565 
and inserting in lieu thereof the following: 
"3565. Collection and payment of fines and penalties.". 
(8) Section 3569 of title 18, United States Code, is amended— 
(A) by inserting "(a)" before "When a" at the beginning of the 
first paragraph; and 
(B) by adding at the end the following: 
"(b) Any such indigent prisoner in a Federal institution may, in Prisoners. 
the first instance, make his application to the warden of such 
institution, who shall have all the powers of a United States magis-
trate in such matters, and upon proper showing in support of the 
application shall administer the oath required by subsection (a) of 
98 STAT. 3140 
PUBLIC LAW 98-596—OCT. 30, 1984 
this section, discharge the prisoner, and file his certificate to that 
effect in the records of the institution. 
"Any such indigent prisoner, to whom the warden shall fail or 
refuse to administer the oath may apply to the nearest magistrate 
for the relief authorized by this section and the magistrate shall 
proceed de novo to hear and determine the matter.". 
Ante, p. 2034. 
(9) Section 238(i) of chapter II of title II of the joint resolution 
entitled "Joint resolution making continuing appropriations for the 
fiscal year 1985, and for other purposes", H.J. Res. 648, Ninety-
eighth Congress, is repealed. 
Effective date. 
(b) The amendments and the repeal made by subsection (a) of this 
18 use 3565 
section shall apply on and after the enactment of the joint resolu-
An*te p 1837 
^^^^ entitled "Joint resolution making continuing appropriations for 
the fiscal year 1985, and for other purposes", H.J. Res. 648, Ninety-
eighth Congress. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 5846: 
HOUSE REPORT No. 98-906 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
July 30, considered and passed House. 
Oct. 11, considered and passed Senate, amended; House concurred in Senate 
amendments.